WHEREAS, on February 12, 2011, the Clerk-Treasurer of the Village received correspondence from the Deputy Director of the Franklin County Board of Elections that included copies of a petition filed with that Board of Elections expressing a desire that the territory of the Village of Riverlea be annexed to the City of Worthington, Ohio, an adjacent municipality thereto, and requesting that the Council of the Village of Riverlea appoint commissioners to discuss with such City the conditions of annexation pursuant to Ohio Revised Code Sections 709.23 to 709.33, inclusive; and
WHEREAS, by Ordinance No. 01-2011 Council did declare its intent to enter into negotiations with the City of Worthington regarding the annexation of the entire territory of the Village of Riverlea to the City of Worthington and appointed three persons as commissioners, pursuant to Ohio Revised Code Section 709.24, to represent the Village in such negotiations; and the Council of the City of Worthington, Ohio, likewise determined to enter such negotiations and appointed three persons as commissioners to represent such City in those negotiations; and
WHEREAS, on July 21, 2011, a majority of such commissioners so appointed did proceed to arrange the conditions of annexation and reported the results of their action to the Clerk-Treasurer of the Village of Riverlea, as required by Section 709.28, Ohio Revised Code, which report and conditions were received by the Clerk-Treasurer of the Village on July 25, 2011, and a copy of which Conditions of Annexation are attached to this Ordinance as Exhibit A, and are incorporated herein by this reference.
Now, therefore, be it ordained by the Council of the Village of Riverlea, State of Ohio:
Section 1. Receipt of Conditions of Annexation. That Council of the Village of Riverlea, Ohio, hereby acknowledges the receipt on July 25, 2011 of the report of the commissioners on annexation appointed by the Village of Riverlea or the City of Worthington, which contains the Conditions of Annexation arranged by such commissioners in the form attached as Exhibit A
Section 2. Submission to Voters. Pursuant to Ohio Revised Code Section 709.29, the Council of the Village of Riverlea does hereby order that the question of the annexation of the entire territory of the Village of Riverlea, Ohio with and to the City of Worthington, Ohio, upon the conditions of annexation contained in the report of such commissioners as attached hereto, be submitted to a vote at the next regular election within the Village to be held in November, 2011, such that if a majority of voters in each municipality. voting on such question, are in favor of the annexation, such annexation shall thereafter occur in accordance with the applicable statutes and the conditions of annexation .
Section 3. Submission to Board of Elections. That the Clerk-Treasurer of the Village is hereby authorized and directed to submit a certified copy of this Ordinance to the Franklin County Board of Elections on or before 4:00 p.m., local time, August 10, 2011, and as required by applicable law.
Section 4. Form of Ballot Question.That the form of ballot upon which the question of such annexation shall be submitted to the electors substantially as follows, or in such other form as shall be required by the Franklin County Board of Elections or the Ohio Secretary of State:
Section 6. Emergency Effective Date. The Council of the Village of Riverlea hereby determines that it is necessary that this Ordinance take effect at the earliest possible date in order to provide for the operation of the municipality, and for the immediate preservation of the public peace, health, safety and general welfare of the municipality. Such emergency exists in that Council has determined that submission of this question to the voters in the Village of Riverlea should occur at the general election in November, 2011, and applicable Ohio law requires actions by the Clerk-Treasurer of the Village be authorized and taken at a time before which this Ordinance would otherwise be effective, but for this emergency provision. Accordingly, this Ordinance shall be in full force and effect immediately upon its passage.
Section 7. Open Meetings.This Council finds and determines that all formal actions of this Council concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council and that all deliberations of this Council that resulted in those formal actions were in meetings open to the public in compliance with law.
Section 8. Publication. That pursuant to Ohio Revised Code Section 731.25, the Council of the Village of Riverlea hereby determines that publication of this Ordinance in a newspaper is unnecessary and does hereby determine that this Ordinance shall be published by posting copies hereof in the five following places which are determined to be the five most public places in the Village of Riverlea, Ohio:
Mary Jo Cusack, MayorATTEST:
Pamela M. Colwell, Clerk of CouncilCERTIFICATE The undersigned hereby certifies that the foregoing is a true and correct copy of Ordinance No. 02-2011 passed at a meeting held on August ___, 2011.
Pamela M. Colwell, Clerk of CouncilRECEIPT The undersigned hereby acknowledges receipt this day of a certified copy of the foregoing ordinance.
Director of Elections
Franklin County, Ohio
Pamela M. Colwell, Clerk of Council