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HomeMy WebLinkAboutOrdinance 47-26RECORD OF ORDINANCES BARRETT BROTHERS - DAYTON, OHIO Form 6220S Ordinance No. 47-26 __ Passed PETITIONING THE BOARD OF COUNTY COMMISSIONERS OF MADISON COUNTY, OHIO, TO ADJUST THE BOUNDARY LINES OF DARBY TOWNSHIP SO AS TO EXCLUDE THAT TERRITORY THAT, AS A RESULT OF ANNEXATION, NOW LIES WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF DUBLIN (CITY OF DUBLIN ANNEXATION OF 79.0+/- ACRES — ORDINANCE 24- 26) WHEREAS, on January 27, 2026, the Board of County Commissioners of Madison County, Ohio approved the petition for annexation of approximately 79.0 acres in Darby Township, filed as a regular annexation by Thaddeus M. Boggs, agent for petitioner, City of Dublin, Ohio; and WHEREAS, the Ohio Revised Code section 503.07 authorizes the Dublin City Council to petition the Board of County Commissioners of Madison County to change the township boundaries within the municipal corporation; and WHEREAS, the procedure set forth above has been upheld by the Ohio Supreme Court in the case of the State, ex rel. City of Dublin v. Delaware County Board of Commissioners, 62. Ohio St.3d 55, 577 N.E.2d 1088 (1991); and WHEREAS, it was determined that the annexed territory would best be served by Washington Township fire and emergency services; and WHEREAS, Washington Township has the largest township jurisdictional area within the City of Dublin; and WHEREAS, Washington Township has fully equipped and staffed fire stations and can respond in the shortest period of time to fire and medical emergencies, thereby improving service and reducing risk to life and property. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, __"]__ of the elected members concurring that: Section 1. The City of Dublin, Ohio, an Ohio Municipal Corporation, hereby petitions the Board of County Commissioners of Madison County, Ohio, for a change of township lines of Darby Township to remove that area included within the corporate limits of the City of Dublin, as described on the attached Exhibit A and depicted on the attached Exhibit B, from Darby Township and place it in Washington Township pursuant to the terms and provisions of Ohio Revised Code section 503.07 and related sections, and pursuant to the Ohio Supreme Court decision in State, ex rel, City of Dublin v. Delaware County Board of Commissioners, which held that, "a Board of County commissions must comply with a municipal petition for a change of township boundaries in order to make those boundaries conform to the limits of the municipality." 62 Ohio St.3d. 55, 557 N.E.2d 1088, (citing from case headnote). Section 2. The Clerk of Council is hereby authorized and directed to certify a copy of this Ordinance, together with a certified copy of the minutes of the meeting at which this Ordinance was adopted, showing its adoption by a vote of the majority of the members of the Council of the City of Dublin, being the "legislative authority of such Municipal Corporation" as set forth in Ohio Revised Code section 503.07, to the Board of County Commissioners of Madison County, Ohio. Section 3. The City Law Director is hereby authorized and directed to present a certified copy of this Ordinance and a certified copy of the minutes of this meeting to the Board of County Commissioners of Madison County, as a petition praying for such changes to the boundary lines of Washington Township as set forth herein. Section 4. This Ordinance shall take effect in accordance with 4.04(b) of the Dublin Revised Charter. RECORD OF ORDINANCES BARRETT BROTHERS - DAYTON, OHIO Form 6220S Ordinance No. 47-26 _ PaRage 2 passed this 14" day of uate whic, 2026. Mayor — Presiding Officer ATTEST: ClerK/of Coymcil To: Members of Dublin City Council From: Megan O’Callaghan, City Manager Date: August 24, 2026 Initiated By: Philip K. Hartmann, Asst. Law Director Jesse J. Shamp Re: Ordinance No. 47-26 Township Boundary Adjustment Legislation (Madison County) BACKGROUND Dublin City Council accepted, via Ordinance 24-26, the annexation of approximately 79 acres of land from Darby Township (the "Annexed Territory"). This annexation was initiated via regular annexation procedures by the City shortly after the City purchased the Property. The Board of County Commissioners of Madison County approved this annexation at its January 26, 2026 meeting. To ensure that fire coverage remains uniform within the City, it is the practice of the City to file a boundary adjustment petition to transfer the annexed properties from Darby Township to Washington Township. BOUNDARY ADJUSTMENT PETITION Ordinance 47-26 authorizes the City Law Director to petition the Board of County Commissioners of Madison County to adjust township boundaries in Madison County such that the annexed territory would be removed from Darby Township, and placed in Washington Township. R.C. 503.07, as well as State, ex rel. City of Dublin v. Delaware County Board of Commissioners, 62 Ohio St.3d 55, 577 N.E.2d 1088 (1991), provides the City with the authority to file the petition, and requires that the Madison County Commissioners approve the petition. As required by R.C. 503.07(B), the City shall provide both Washington and Darby Townships at least 10 days’ written notice prior to the potential adoption of this boundary adjustment legislation. Because the City removed this property from Darby Township it is required by Ohio R.C. 709.19 to make reparation payments to Darby Township over 12 years to compensate for lost tax revenue. The residential reparation schedule is: • Years 1–3: 80.00% • Years 4–5: 52.50% • Years 6–10: 40.00% • Years 11–12: 27.50% • After Year 12: 0.00% The amount due to Darby Township is for commercial and industrial real, personal, and public utility Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 Memo Re: Ordinance 47-26 – Township Boundary Adjustment (Madison County) August 24, 2026 Page 2 property taxes if no annexation had occurred. The payments due to Darby Township using the base taxable values of the annexed parcels total approximately $2,500 over the twelve-year compensation period. Reparation payments would increase as the City-owned parcels are developed. For example, if development started four years into the repayment period, the City could expect to pay approximately $46,000 in total reparations for a $50 million increase in taxable valuation. This estimate accounts for the increase in taxable value occurring in later years of the repayment period, which have lower associated compensation rates. RECOMMENDATION The Law Department recommends approval of Ordinance No. 47-26 at the September 14, 2026 meeting. EXHIBIT D a~ ~~ ~ DGL Consulting Engineers, LLC Providing civil engineering solutions since 1926. LEGAL DESCRIPTION Proposed Annexation of land from Darby Township, Madison County to the City of Dublin 79.0 Acres +/- Situated in the State of Ohio, County of Madison, Township of Darby, being within Virginia Military Survey No. 14150 and 7074, being part of that 19.911 acre tract described in deed to City of Dublin, Ohio, of record in Official Record 395, Page 1209, part of that tract described in deed to New York Central Lines LLC, of record in Official Record 106, Page 703, and part of that 53.2 acre tract described in deed to City of Dublin, Ohio, of record in Official Record 430, Page 2210- 2213, all being of record in the Recorder's Office, Madison County, Ohio and being further bounded and described as follows: Beginning, at an angle point of the existing City of Dublin Corporation Line as established by Ordinance Number 38-24 of record in Instrument Number 202503120024051 (as recorded in the Recorder's Office, Franklin County, Ohio); Thence South 00°58'36" East, a distance of 3735.40 feet, with the existing City of Dublin Corporation line, also being the Franklin County/Madison County line; Thence North 42°52'04" West, a distance of 1305.90 feet, leaving the existing City of Dublin Corporation line, with the common line of said 53.2 acre tract and that 246.82 acre tract described in deed to Marks Family Corporation, of record in Official Record 249, Page 330 and the 251.883 acre tract described in deed to William C. Moler through Official Record 384, Page 2494, to a common corner of said 53.2 acre tract and 251.883 acre tract; Thence South 58°26'10" West, a distance of 89.75 feet, with the common of said 53.2 acre tract and said 251.883 acre tract, to a common corner of said 53.2 acre tract and 251.883 acre tract; Thence North 30°55'50" West, a distance of 1811.26 feet, with the common of said 53.2 acre tract and said 251.883 acre tract, to a point in the south right of way line of Plain City —Dublin Road (State Route 161); Thence North 50°10'10" East, a distance of 496.03 feet, with the south right of way line of said Plain City —Dublin Road, to a point in the common line of said 53.2 acre tract and that 11.41 acre tract described in deed to Carter-Jones Lumber Company, of record in Official Record 161, Page 73, Official Record 161, Page 145 and O~cial Record 161, Page 380; Thence South 33°37'50" East, a distance of 624.75 feet, with the common line of said 53.2 acre tract and said 11.41 acre tract, to a common corner of said 53.2 acre tract and said 11.41 acre tract; Thence North 65°31'10" East, a distance of 711.00 feet, with the common line of said 53.2 acre tract and said 11.41 acre tract, to a common corner of said 53.2 acre tract and said 11.41 acre tract, also being a point in the west line of said 5.04 acre tract; 5940 Venture Drive, Suite D ~ Dublin, Ohio 43017 ~ 614.356.7150 ~ www.dgl-Itd.com Annexation to City of Dublin Page 2 Thence North 39°17'16" West, a distance of 814.60 feet, with the common line of said 5.04 acre tract and said 11.41 acre tract, to a point in the south right of way line of said Plain City — Dublin Road; Thence North 48°37'23" East, a distance of 320.52 feet, with the south right of way line of said Plain City —Dublin Road, to a point of curvature; Thence with the arc of a curve to the right having a radius of 1392.39 feet, a delta angle of 33°41'15", an arc length of 818.67 feet, a chord bearing of North 65°21'22" East and a chord distance of 806.93 feet, to the TRUE POINT OF BEGINNING, containing 79.0 acres of land more or less. The above annexation contains a total perimeter of 10727.88 feet, length of contiguity of 3735.40 feet with 35 percent of total contiguity. The above legal description is based on record information obtained from the Recorders', Engineer and Auditor Office of Madison County, Ohio and is not intended for the use of real property. NOTE: The bearings in this legal description are based on the bearings shown the deed to the City of Dublin, of record in Instrument Number 202207200106013 being of record in the Recorder's Office, Franklin County, Ohio. 1~3! ~ ' 03/20/2025 Date: Mark Alan Smith, PS Ohio Professional Surveyor #8232 DGL Consulting Engineers, LLC , ,~G ~O F ~ i ~~~, v ~MAIN ~' A1-'~ _ = g+~vA1TK ~ = :~+ s-BZ32 a ° ~o,~ '~Fa~ss'~a~ QJ~•F J ~~ ~~'i~~10 N A4 g.. www.dgl-Itd.com EXHIBIT d p.~.o. CITY OF OUBUN, W/SHINCTON TOWNSHIP FRANKLIN COUNTY, OHO - - \ - \ ~ OM6Y i0WN5NiP ~~\ ~ \ua1W.TOx\~ ~~SON COUNTY, OHIO `.\\ \ \ ~\ ~~ ~ \ \ \' ~ 1 Cm oueu ~~ P~P~ 2+~~ rudso [i a o00 ~ ~y~Op.~~6R ~ ~ ( ~ ec :o~co> Q P ~~0 / // y' ~~ ~ ~ N18 S]'1J E ~~~~ \~ PROPOSED ANNEXATION OF 79.0 ACRES+/- FROM: DARBY TOWNSHIP, MADISON COUNTY TO: CITY OF DUBLIN EXiSPNC Cltt OF OUBIJN CORPORNiION ENE ORD. N0. ]8-24 INSi ]025031]00]4051 TO BE REC~ROEO iN FRANKLIN COIINtt FECORDEF OFFlCE ym~py~~ 500' 5B' 76'E - 7715.10' VMS \ \ \\\~ ~ \ u \ ~ ~ \ \ \ ~ \ `. / \ a/. aG W91M. Opp \ ~, K~ ~e~ bN~. ~ u\ x. asio-xz~s vinCE~ m-oowo.000 ~ ~ '<a ~o ~ ~ '.'. , +~,o~ g ~~ ~ ~y ~ (ss.e ra¢ ./- ro ac u«oim~ ~ ~3' ~6 ~s~ c3 ~e;;,6 , ~..~,~ S 56 26' ro" w.~ ~ aaas GL er~C°~ / ~ °µ"M°°~°sio Rag% ~s / j b,~~~5 ~ E\ ~\ `\~ e `1fi ~ ~sj \ ~ NSP fU'fO•E 'L -196.¢1' 99FJl \ ~. m lqX ~ ~~xE ~ P~ uo~[H P.wiuS.IDi~x~pii t-00.lYB.000 Curve Table Curve p Radius Delta Chord bearing Chord Length Leng[h 1391.39' 33'<1'15' Nfi5'11'31'E 90693' 818.6)' CONTIGUITY NOTE: OTAI P IM R = 10727.88 FEET LENGTH OF CONTIGUITY = 3735.40 FEET PERCENT OF CONTIGUITY = 35 PERCENT ~IXISTING CITY OF DUBLIN CORPORATION LINE PflOPO5E0 PNNEXFTION CORPORATION LINE - - - - IXISfING CENiERl1NE EXIStINC PMCEL LINE PROPOSED MEA TO BE NNNIXEO PREAPPROVE~ Q e aANNE%ATION Z Q J 6 Oe X PLAT ~p '^ o ^ w NOTE: D ~ ~ ~ Z THIS EXHIBIT WAS PREPARED FROM RECORD INFORMATION LL m o ~ Q FROM THE MADISON COUNN ENGINEER, RECORDER AND AUDITOR OFFICE. THE EXHIBIT IS NOT INTENDED FOR THE O a o N D TRANSFER OF REAL PROPERiI' } ~ a F ~ ~ a ~ ~ O BA515 OF BEARINGS: ~„0", THE BEARINGS SHOWN HEREON ARE BASED ON THE RECORD ,y~U: U a a — d O BEARINGS SHOwN IN THE CITY OF DUBLIN DEED OF RECORD IN INSTRUMENT 202207200106013, RECORDERS OFFlCE, Xp~ ~K COUNTY, OHIO _ ~ a ~ q~N FRANKLIN ~ = SM~1H ~= CERTIFICATION: ~~ I HEREBY STATE THAT THE INFORMATION, COURSES AND '~pp gpa~~~S",~ DISTANCES AS SHOWN ARE CORRECT TO THE BEST OF MY FILE: Madison.dw IOB NO.: 24013-4 ,,~~'CBBMNA~g.J~ KNOWLEDGE. DRAWN BY: AB0. A ( ,~iRCI~ / ~ ISSUED: 03 20 2025 V ~~~ ~y`/vMARK ALAN SMffH, P.S. DATE ANNEX OHIO PROFESSIONAL SURVEYOR N0. 8232