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HomeMy WebLinkAbout126-02 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co. Form No 0043 Ordinance No ..............................1.26-02................. Passed AN ORDINANCE AUTHORIZING THE PETITION FOR ANNEXATION OF 2.42 ACRES, MORE OR LESS, LOCATED AT THE INTERSECTION OF STATE ROUTE 257 (RIVERSIDE DRIVE) AND TULLER ROAD AND THE PARCEL SOUTHWEST OF THE INTERSECTION, LOCATED IN PERRY TOWNSHIP, FRANKLIN COUNTY, TO THE CITY OF DUBLIN; AND REPEALING ORDINANCE NOS. 80-01 AND 81-01. WHEREAS, the City of Dublin has determined that there is the necessity to annex the intersection of State Route 257 (Riverside Drive) and Tuller Road ("roadway"), and the parcel located southwest of the intersection (collectively the "subject property"), consisting of 2.42 acres, more or less, into the City; and WHEREAS, the subject property to be annexed, as depicted in Exhibit "A" and described in Exhibit "B", is comprised of a parcel of land that is owned by the City of Dublin and adjacent roadway; and WHEREAS, the annexation of the subject property must be initiated by petition to the Franklin County Board of Commissioners pursuant to Ohio Revised Code Chapter 709, as recently changed by Senate Bi115; and WHEREAS, this annexation procedure mandates that a majority of landowners of the subject property to sign the petition under the current Ohio law, thereby requiring an authorized City official to sign the petition; and WHEREAS, pursuant to Ohio Revised Code §709.02 (E), a person with any ownership interest in any street or highway right-of--way (i.e. roadway owner) is not included within the definition of "owner" for annexation purposes, and thereby those with ownership interests in the roadway are not required to sign the annexation petition; and WHEREAS, it is necessary to repeal Dublin Ordinance Nos. 80-01 and 81-01 due to recent changes in the annexation law and because revisions have been made by the surveying company to the plat map and legal description; and NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, ~ of the elected members concurring that: Section 1. Council considers it necessary to annex the subject property to the City of Dublin in order to provide consistent and efficient police and emergency services. Section 2 Council authorizes the City Manager to sign, and the City Law Director to file, a petition on behalf of the City for the annexation of 2.42 acres, more or less, located at the intersection of State Route 257 (Riverside Drive) and Tuller Road, and the parcel located southwest of the intersection, pursuant to O.R.C. §709.02. Section 3. This Ordinance shall take effect and be in force from and after the earliest date permitted by law. Passed this vZ Jam day of ~ ~"t0 ~ , 2002. ayor -Presiding Officer ATTEST: I hereby certify that copies of this Ordinance/~i were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. Clerk of Council e k of Council, Dublin, Ohio