Explanation
Background: This Council passed Ordinance No. 0826-2010 on June 7, 2010, authorizing the City Clerk to execute the First Amendment to Petition for Organization of a New Community Authority for One Neighborhood New Community Authority on behalf of the City of Columbus as the sole "proximate city" within the meaning of Section 349.01(M) of the Ohio Revised Code, and determining that the First Amendment complies as to form and substance with the requirements of Section 349.03 of the Ohio Revised Code. This ordinance expresses City Council's approval of the First Amendment and its determination that the addition of property to the new community district as set forth in that First Amendment will be conducive to the public health, safety, convenience and welfare, and will be consistent with the development of the new community, and will not jeopardize the plan of the new community, all as permitted by Section 349.03 of the Ohio Revised Code.
This ordinance is being submitted as an emergency in order to comply with the conditions set forth in Chapter 349 of the Ohio Revised Code for approving an amendment to a petition for organization of a new community authority.
Fiscal Impact: No City funding is required for this legislation.
Title
To approve the First Amendment to Petition for Organization of a New Community Authority for One Neighborhood New Community Authority and make related findings; and to declare an emergency.
Body
WHEREAs, this Council enacted Ordinance No. 0926-2010 on June 7, 2010, directing the City Clerk to execute the First Amendment to Petition for Organization of a New Community Authority for One Neighborhood New Community Authority (the "First Amendment") on behalf of the City of Columbus (the "City") pursuant to Chapter 349 of the Ohio Revised Code, and that First Amendment was signed by the City Clerk to indicate the approval of the First Amendment by the City as the sole "proximate city" as that term is defined in Section 349.01(M) of the Ohio Revised Code; and
WHEREAs, the First Amendment was filed in the office of the Clerk of the Franklin County Board of Commissioners and in the office of the City Clerk as required by Section 349.03 of the Ohio Revised Code; and
WHEREAs, pursuant to that Ordinance No. 0826-2010, this Council, as the "organizational board of commissioners" as that term is defined in Section 349.01(F) of the Ohio Revised Code, determined that the First Amendment complies as to form and substance with the requirements of Section 349.03 of the Ohio Revised Code and fixed the time and place for a hearing on that First Amendment; and
WHEREAs, this Council, as the organizational board of commissioners, held a hearing on the First Amendment on [June 28, 2010], after public notice was duly published in accordance with Section 349.03 of the Ohio Revised Code; and
WHEREAS, an emergency exists in that it is immediately necessary to approve the First Amendment and make related findings in order to comply with the conditions set forth in Chapter 349 of the Ohio Revised Code and to facilitate the development of the real property governed by the Authority, such immediate action being necessary for the preservation of the public health, peace, property and safety; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. This Council finds and determines pursuant to Section 349.03 of the Ohio Revised Code that the addition of the Subject Property to the District, each as defined in the First Amendment, will be conducive to the public health, safety, convenience and welfare, and will be consistent with the development of the new community, and will not jeopardize the plan of the new community.
Section 2. The First Amendment is hereby accepted and shall be recorded, along with this Ordinance, in the journal of this Council, as the organizational board of commissioners, and in the journal of the Franklin County Board of Commissioners pursuant to Section 349.03 of the Ohio Revised Code.
Section 3. For the reasons stated in the Preamble hereto, which is hereby made a part hereof, this Ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after the passage if the Mayor neither approves nor vetoes the same.