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Home My WebLink About54-07 ResolutionRECORD OF RESOLUTIONS Dayton Legal Blank, Inc ,Form No 30045 54-07 Resolution No. Passed , 20. 1 1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO APRE-ANNEXATION AGREEMENT DESCRIBING THE INTENTIONS OF THE PARTIES TO ANNEX CERTAIN REAL PROPERTY LOCATED IN JEROME TOWNSHIP OWNED BY ROBERT AND ELAINE HORR WHEREAS, Robert and Elaine Horr ("the Horrs") are the owners of certain real property located at 8668 Hyland-Croy Road in Jerome Township (the "Property"), being more fully described in the Agreement attached hereto as "Exhibit A"; and WHEREAS, the Property is located adjacent to and beyond the present corporate boundaries of the City of Dublin ("the City"); and WHEREAS, the Horrs sought annexation of the Property to the City in order to obtain municipal services to support the Property; and WHEREAS, the City desires to accept the annexation of the Property. NOW, THEREFORE, BE IT RESOLVED by the Cou cil of the City of Dublin, Franklin, Delaware and Union Counties, State of Ohio, of its elected members concurnng, that: Section 1. The City Manager is hereby authorized to execute the Pre-Annexation Agreement attached hereto as Exhibit "A" on behalf of the City stating the intention of the parties to accept the annexation of certain lands owned by the Horrs. Section 2. This Resolution shall take effect and be in force from and after the earliest date permitted by law. Passed this ~_ day of , 2007. Mayor -Presiding Officer ATTEST: Clerk of Council 1 SCHOTTENSTEIN ZOX&DUNN, MEMORAND L :~VI TO: Dublin City Council Jane S. Brautigam, City Manager FROM: Stephen J. Smith, Law Director DATE: August 2, 2007 RE: Resolution 54-07 -Pre-Annexation Agreement S66S Hyland-Croy Road (The Hon Property} INTRODUCTION: Robert and Elaine Horr ("the Horrs'~ are the owners of 1.479f acres of land located on the east side of Hyland-Croy Road (8668 Hyland-Croy Road) in Jerome Township, ("the Property'. The Property is not in the City of Dublin ("the City") and does not have public water and sewer service. The Horrs, through their attorney Michael Close, approached the City with their desire to annex the property to the City of Dublin in order to obtain municipal services. On Mazch 5, 2007, attorney Michael Close filed a Majority Owner annexation petition with the Union County Commissioners on behalf of the Horrs. Before acceptance of the annexation, the City staff, including the Law Director's Office, met with the Horrs to negotiate aPre-Annexation Agreement ("the Agreement"}. TERMS OF THE AGREEMENT: The key terms of the Agreement are as follows: 1. Annexation: The Horrs will petition for annexation and the City will accept the annexation 2. Boundary Adjustment: Since the petition was filed as a Majority Owner annexation, the City, if desired, may change the underlying township designation from Jerome to Washington for purposes of providing Washington Township fire and EMS services. The City will file a petition for a boundazy adjustment which will result in the Property conforYning to the City's corporate limits. As such, the City will make reparation payments to Jerome Township of a percentage of the Township taxes that would have been due to the Township if the annexation had not taken place. In turn, the Horrs will compensate the City for all reparation payments made to the Township. 3. Council Action: All of the obligations and commitments in the Agreement are subject to Council approval. CONCLUSION AND RECOMMENDATION: The Law Department recommends approval of Resolution No. 54-07 and, upon acceptance of the Resolution, will forward a copy of the Pre-Annexation Agreement to the City Manager for execution. Exhibit "A" PRE-ANNEXATION AGREEMENT This Pre-Annexation Agreement ("Agreement") is entered into on the day of 2007, by and between Robert and Elaine Horr ("the Horrs") and the City of Dublin ("Dublin"), an Ohio municipal corporation, whose principal mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017 (referred to collectively as "Parties"). RECITALS WHEREAS, the Horrs own certain real property located at 8668 Hyland-Croy Road in Jerome Township (the "Property"), being more fully described in the Franklin County Auditor's information attached as Exhibit "A" and incorporated herein; and WHEREAS, the Property is located adjacent to and beyond the present corporate boundaries of Dublin; and WHEREAS, the Horrs desire to annex the Property to Dublin in order to obtain municipal services to support the Property; and WHEREAS, Dublin desires to annex the Property. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound, the Parties hereby agree as follo~~~s: 1. Annexation: Dublin will accept the annexation of the Property. 2. Boundary Adjustment: It is Dublin's intent to file a petition for a boundary adjustment after the acceptance of the Property by City Council, which will result in the Property conforming to Dublin's corporate limits. Such action will practically result in the exclusion of the Property from Jerome Township's jurisdiction. Pursuant to Ohio Revised Code Section 709.19, Dublin must make reparations to Jerome Township of a percentage of the Township taxes that would have been due the Township if annexation had not occurred in the amounts as follows: Years 1 through 3 80.0% Years 4 through 5 52.5% Years 6 through 10 40.0% Years 11 through 12 27.5% After year 12 0% The Horrs hereby agree to compensate Dublin for all reparations payments Dublin is required to make to Jerome Township. The Horrs will pay any invoice presented to them by Dublin for such reparations within thirty (30) days of receipt of said invoice. 3. Council Action: The foregoing obligations and commitments by Dublin contained herein are contingent and shall be effective and enforceable only upon the approval of all necessary legislation and/or motions by Council and the expiration of all referendum periods applicable thereto. 4. Amendments: This Agreement may be amended, modified, or changed only by a written agreement properly executed by Parties. S. Applicable Law: This Agreement shall be governed by, construed, and interpreted in accordance with the ordinances and laws of Dublin, the State of Ohio and the United States, in that order. 6. Waiver. No delay or failure on the part of any party hereto in exercising any right, power, or privilege under this Agreement or under any other instruments given in connection with or pursuant to this Agreement shall impair any such right, power, or privilege or be construed as a waiver of any default or any acquiescence therein. No single or partial exercise of any such right, power, or privilege shall preclude the further exercise of such right, power, or privilege, or the exercise of any other right, power or privilege. 7. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable to any extent, such provision shall be enforced to the greatest extent permitted by law and the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. 8. Entire Agreement. This Agreement constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes all prior negotiations, discussions, undertakings and agreements between the parties. This Agreement may be amended or modified only by a writing executed by the duly authorized officers of the parties hereto. IN WITNESS WHEREOF, the undersigned have set their hand to duplicates hereof, on the day and year first above written. ROBERT HORR ELAINE HORR CITY OF DUBLIN An Ohio Municipal Corporation By: Jane S. Brautigam Its: City Manager STATE OF OHIO COUNTY OF S S Before me a Notary Public personally came Robert Horr, who acknowledged the foregoing Agreement as his voluntary act and deed. In Witness whereof I have hereunto subscribed my name and affixed my seal on this day of , 2007. Notary Public STATE OF OHIO COUNTY OF S S Before me a Notary Public personally came Elaine Horr, who acknowledged the foregoing Agreement as her voluntary act and deed. In Witness whereof I have hereunto subscribed my name and affixed my seal on this day of , 2007. Notary Public STATE OF OHIO COUNTY OF FRANKLIN: SS Before me a Notary Public personally came the City of Dublin, an Ohio municipal corporation, by Jane S. Brautigam, its City 1Vlanager, who acknowledged the foregoing Agreement as her voluntary act and deed on behalf of the City. In Witness whereof I have hereunto subscribed my name and affixed my seal on this day of , 2007. Notary Public EXHIBIT A Union County Auditor's Information