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Ordininance Accepting the Annexation to the Village

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ORDINANCE NO. 2011-28, VILLAGE OF YELLOW SPRINGS, OHIO

Interested persons will take note that the Village Council of Yellow Springs on Monday, November 21, 2011, gave first reading to an ordinance, text to follow.

Council will consider said ordinance for second reading and possible passage into law during a public hearing to begin at 7:10 p.m. Monday, December 5, 2011, in the Bryan Community Center, 100 Dayton Street.

WHEREAS, Mark S. Cundiff (“Petitioner”) has filed with the Board of Commissioners of Greene County, Ohio, a petition to annex to the Village of Yellow Springs, Ohio, 1.177 acres of land, more or less, in Miami Township, Ohio (the “Territory”); and
WHEREAS, the Board of Commissioners of Greene County, Ohio approved the annexation by resolution adopted on August 30, 2011, a copy of which resolution is attached hereto as Exhibit A; and
WHEREAS, Ohio Revised Code Section 709.023(D) provides that the legislative authority of the Village shall adopt an ordinance or resolution accepting the annexation of the Territory; and
WHEREAS, the Board of County Commissioners has reviewed and approved the proposed annexation; and
WHEREAS, the Miami Township Board of Trustees have consented to the annexation as has this Council; and
WHEREAS, it is the intent of the Village Council to respond accordingly and to pass an Ordinance to accept the annexation of the territory.

NOW, THEREFORE, THE COUNCIL FOR THE VILLAGE OF YELLOW SPRINGS, OHIO, GREENE COUNTY, HEREBY ORDAINS THAT:
Section 1. The Village of Yellow Springs, Ohio hereby accepts the annexation of the Territory.
Section 2. The Clerk is hereby directed to make three (3) sets of copies of the following documents:
a) the Petition
b) the map or plat accompanying the Petition
c) the transcript of the proceedings of the Board of County  Commissioners of Greene County, Ohio relating to the Petition, and
d) a copy of the ordinances, and to then deliver certified copies of the same to each of the following:
1) the Greene County, Ohio Auditor
2) the Greene County, Ohio Recorder, and
3) the Ohio Secretary of State.

Section 3. This ordinance is hereby approved and it shall be in full force at the earliest time permitted by law.

Judith Hempfling,
President

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