HomeMy WebLinkAboutResolution 39-14RECORD OF RESOLUTIONS
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39 -14
Resolution No.
Passed . 20
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRIBUTION AGREEMENT TO
COMPENSATE THE CITY FOR A PORTION OF THE CITY'S
COMMITMENTS TO 3EROME TOWNSHIP UNDER AN
ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBLIN,
WASHINGTON TOWNSHIP AND 3EROME TOWNSHIP.
WHEREAS, Dublin has worked with Washington Township, Jerome Township and
Edwards Land Company to resolve issues surrounding the provision of fire and EMS
services to Dublin residents whose properties area also located within Jerome
Township in the Tartan Ridge subdivision ("the Property'; and
WHEREAS, the City of Dublin and Jerome and Washington Townships have entered
into an Annexation Agreement pursuant to Ohio Revised Code 709.192, which is
attached hereto as Exhibit A and incorporated herein by reference, consenting to the
removal of the Property from the Jerome Township Boundaries in order to facilitate
the provision of fire and EMS services by Washington Township, and ensure the
ability of Washington Township to impose levies to compensate it for providing the
services; and
WHEREAS, Dublin, Washington Township and Jerome Township have all approved
the above - referenced annexation agreement; and
WHEREAS, the annexation agreement included a commitment from Dublin to make
a negotiated payment to Jerome Township in the amount of $210,000; and
WHEREAS, Tartan Ridge, LLC is the master developer for the Property affected by
the boundary adjustment;
WHEREAS, Tartan Ridge, LLC has agreed to contribute one -half of the cost of the
emergency medical vehicle that the City of Dublin has committed to pay Jerome
Township in the annexation agreement.
NOW, BEFORE, BE IT RESOLVED by the Council of the City of Dublin, State of
Ohio, of the elected members concurring that:
Section 1. The City Manager is hereby authorized to take any and all actions
necessary to execute the Contribution Agreement, in substantially the same form as
attached as Exhibit B.
Section 2 . This Resolution shall take effect upon passage in accordance with
Section 4.04(a) of the Revised Charter.
Passed this f day of 2014.
ayor 4 Presiding `_ 6ff __ 1 cer
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Clerk of Council
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MEMORANDUM
To Dublin City Council
Marsha Grigsby, City Manager
From Stephen J. Smith, Law Director
Jennifer D. Readler, Assistant Law Director
Date: May 15, 2014
Re: Resolution 39 -14 - Authorizing the City Manager to Enter into a Contribution
Agreement to Compensate the City for a Portion of the City's Commitments to
Jerome Township Under an Annexation Agreement Between the City of Dublin,
Washington Township and Jerome Township.
Background
As you know, the City of Dublin and Washington and Jerome Townships have been working for
several years to resolve issues surrounding the provision of fire and EMS services to Dublin
residents whose properties are also located within Jerome Township in the Tartan Ridge
subdivision There have been a series of issues related to the collection of fees for these services
by the Jerome/Washington Township Fire New Community Authority and Washington
Township has been providing these services, without full payment, to these properties for several
years.
We believe we have a come to agreement on a long term solution to the fire /EMS service issue
that will involve a boundary adjustment to move the affected Tartan Ridge properties from
Jerome Township to Washington Township. The first step in the process was to obtain
Washington Township, Jerome Township and the City of Dublin's approval of an annexation
agreement. All of these entities have approved the annexation agreement.
The annexation agreement included a commitment from Dublin to make a negotiated payment to
Jerome Township in the amount of $210,000. This payment will be used by Jerome Township to
purchase an emergency medical vehicle of a type, make and style as determined by Jerome
Township.
Contribution Agreement
Tartan Ridge, LLC, as the master developer for the property affected by this matter, has agreed
to contribute one -half ($105,000) of the cost of the negotiated payment that the City of Dublin
has committed to pay Jerome Township in the annexation agreement. The Contribution
Agreement authorized by Resolution No. 39 -14 reflects Tartan Ridge, LLC's commitment to
make that payment to the City of Dublin.
Recommendation
The Law Department recommends approval of Resolution 39 -14 on May 19, 2014.
ANNEMMION AGREEALTENT
2014, by and bev dhe City of Dublin a murticipal corporatilon in the Sti-te of
Ohio, whose prfilc'ipal nailing address is 52043 Em--faid PaAk Dublin, Ob-io 4
Wasfdngton TownsbJD, a toiviiship organized under the laws off the State of Ohio, whose
principal address is 6200 Eiterxnar'� Roqd, Dublin, Ohio 43016 ("Was-bington Township") and
jero-nne Township, a township organized under th�-- laws of ' 'Mate of Ohio, whose principal
address is 9777 Industrial Parkway, Plain City, Ohio 430 Townshipre's (refeer-,edl to
VIHERIEAS, Dublin has accepted Che Expedhe'd Type H Anneration of curt-win newly
- real property locartd withAn the bounda of Jero-r-ne Townsliip -nord ors the
Intl-rsecdon of McKitrick Road, and Jerome Road, a 'sv..i ch is inona pardcul?Yly described and
depicted in ExIbubit A attacheLl hereto ;-;qd lincorpomted herein by refefeince 1 Proper
ty"):
1 7)7HE - ARE-AS, under a_i Exp, Typc� IT A-anexation, real� propenty Chat is annexed to 8,
municip-Al corporation from a township, is not to be excluded fborn tl�e iownslhip unde Ohiio
r
IR'5vised Code- Section 503.0-7, absent an an-nexadon agreement to the contrary diat is executed by
bola the munici and the township;
1 - HEP
EAS. Dublin him a I� story of pZ0 -.- undfon-n goverfirriental services to its
;esideats, including the provision, th-rough Washin Towns of fir- orevei
s-upjjrcssioin, and projection services and ernerg-ency medical seir"IriCes ("r and EMS Sei-hces
C
WIDE AS, in order to condn Ufiis hiistory of uniformi. serwkes, Dublin reauests that
Washin-� n Township be the first r SDOnder to call's for Fire and EMS Servi-ces to the
O M I -C I I I - rODerty;
WHEREAS. Washhizon Towns-hip is willing to provide ?all se services to the Property
WHEREEAS, prevIous TneCh-anisms for Providing for Fire and EEMS Serviecs to to
Property, it-h-rouggh the use of a con -1 T7? authority and a. service agreement between the affected
jurisdicLions, have pfove-nunsuccessfal; and
WHEREAS, Dublin has assured Jerornt Township that Dubfin will Lase its best efforus to
avoid annexEtions which these service issues in the DjOure aid jerome Township has
agreed, in order to facilitate the provision of Fire and ETNAS Services by Washn:Egton Township,,
and ensure the ability of Washington Township to i-rapose levies to compensate it .for providing
the services, to enter into an annexation agreement consenting t the reirnoval of the PropelftV
f ron Cro
f n the Ie me Township boundaries.
NOW THIEREFORE, in consideration of Ldh rinutuall prormises a covenants cont-mined
herein, and intending to be legally bound, the Parties hereby agree as follows:
L Annexation Ageement: This Agreement shall Consfitute an an- vexation agreement under
Ohio Devised Cod-, Section 709,192 to exclude the property from Jerome Township,
1) Boundary Adiustment: Dubliri will file as expediently as possible, wiCh Jerome
Township's and Washington Townshi consent, a petition for a boundary adj3ustment with the
Umon County Commissioners, wb-ich will result in the -Property conforming to the WasMngton
0
Township boundaries. Such action will practically result in the removal of Che Property from
Izronne Township's jurisdiction. As a result, Dublin agrees to rijake payTnent to Jerome
Township in the am. ount of Two Hundred Teri Thousand Dollars ($210,000.00 Tnis Davin-ent
will be used by Jerome Township to purchase an emergericy medical vehicle, of a L 1pe, Make
and style as determined by Jerome Township. The payment shall be made to Jerome Townsmi)
imuneddately upo-n the successful completion of the boundary adjustment process and, up n
j 0 SUAI
payment, Dublin shall not be responsible for any further paymnent to jeronne- Township pursuant
to Ohio Revised Code Section 7019.19.
3. Service AgreemeDt. The Service Agreement date September 6, 2 05 is hereby
d 20
terrnwinated by mumal agreement of d Parties. Was-hing-on Township agrees to provide Fire
and EMS Sean cos to the Property upon the successful com-pledoll of t3 boundary adjusti
process.
4. Lea'islative Auctiion: The obligations and co=iLm ts by the 1 -1 'es c herd h e
af U on ain P ere i in ar
contina.ent and shall be effective and enforceable only upon the approval o all necessary
legislation aridlor motions by the appropriate legislative autl3orlties and the ex - don of all
.referendum periods applicable thereto.
Arne-ndrnents: Tkids Agreernent may be ainendtd, rnodified, or changed only by a writing
executed by the duly audhorlztd officers of all of the -Partfie's hereto.
6. Financial Obligation: The Parties agree that any financial obligation under dMis
Agreement is subject to the appropriation and autlaofization of the eApanditure by Lhe Dublin
City Council-.
7. Applicable Law: This Agreement shall be governed by, construed, and interpreted in
accordanc with laws of dhe State. of Ohdo and e United -States, in that order.
e L he
8. )Waiver. No delay or failure on the part of any party hereto i v Ti-ht
n exercising tin, right,
pox -or, or privilege under dhis 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 o default or any acquiescence therein. No single of partial exercise of
any such right, Dower, or privilege shall preclude the further exercise of such Tight, Dower, or
privilege, or the exercise of any other right, power or privilege,
privilege, - g e.
9. Severability. If any provision in this Agreement is held by a court of COMDetent
jurisdiction to be invalid, void, or unenforceable to any -extent, such provision shall be enforced
to the greatest extent perrmitted by law and die remainder of this Agreement and the application
2
of such provision to- Odhe ' be affeoed Lhereby and s' all tie
pefsons or circurpstances shall nat
enf orced to the g gr,--atest exttw pemLdtted by law.
tau. Entire Ageeini- Ads Alveement coistAtes the anti-,e understanding of the Pnr
heftAO Widl respect to the sul iect rilatier hereof and suppersedp-s �ll p nego'dadons, c—liscuissicuns,
und and aagn e manits- between the aides,
it.
Cu-tions Th-, capdons contained ire ChIs Agretrnu�nt a:-- included op for convtr6enct of
reference and do inot clefunn, th e-xplain or rnodify Chas AgT eer nent -or its
coinstnuc-don or me- ng and ai in no ,v ay to be construed as a put -of this Agreem, nt,
IN'T H TESI WM23CY, to undtrsigntd ha�ve sei dhe hanids to dupficates: hereof�,
con rme day and year fifst abhove
ICTTY OF DUBBLIDN
ED:
Marsha 1. Grigsby
IRS: City h/lanager
TOIMNSHITIP
11
WASIUNGTON
I hereby certify that the funds required to meet the City's obligation, payment, or expenditum
under this Agreement have been lawfully appropriated or authorized for such purpose and are free fro
any obligation now outstanding.
fULAILI- 14-
Angel Mumma,
Deputy City Manager/Director of Finance Date
Rwivi} R
ANNEXATION
82.3 ACRES
TO: CITY OF DUBLIN
FROM: JEROMBTOWNSHIP
SITUATED IN THE STATE OF OHIO, COUNTY OF UNION, TOWNSHIP OF JEROME, VIRGINIA
MILITARY SURVEY NUMBERS 2991, 2925, & 3014 AND BEING ALL OF THOSE TRACTS AS
CONVEYED TO SUBURBAN IMPROVEMENT OF COLUMBUS INC. BY DEED OF RECORD IN
OFFICIAL RECORD $75, PAGE 125, 57.325 ACRES (PlL 137. 00.00-003.000; P.A. 17-0014026.000)
AND 5.002 ACRES (P.M. 13740040-035.000, P.A. 17- 0014063.000 OFFICIAL. RBCORD 589, PAGE
56, 4.0 ACRES (P.M. 137 -00-00-005.001, P.A. 17-0014026.100), CHEISTOFF P. AND SANDRA
STEUERWALD, BY DEED OF RECORD IN OFFICIAL. RECORD 509, PAGE 114, 5.0 ACRES (P.M.
137-0040-031.000, P.A. 17-0014027.000), AND A PORTION OF MCKIT RIRICK ROAD AND JEROME
ROAD (ALL REFERENCES REFER TO THE RECORDS OF THE RECORDER'S OFFICE, UNION
COUNTY, OHIO) AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EXISTING CITY OF DUBLIN CORPORATION LINE AS
ESTABLISHED BY RESOLUTION NO. 71-02 AND OF RECORD IN COMMISSIONERS JOURNAL
44, PAGE 386, BEING AT THE NORTHWESTERLY CORNER OF THE SUBURBAN
IMPROVEMENT OF COLUMBUS INC. 37.325 ACRES;
THENCE EASTERLY, WITH SAID CORPORATION LINE, AND BEING THE NORTHERLY LINES
OF SAID SUBURBAN IMPROVEMENT OF COLUMBUS INC. 57.325 AND 4.0 ACRES, AND
SOUTHERLY LINES OF ANNA JAMES 27.2 ACRES, OFFICIAL RECORD 372, PAGE 219 AND
JON C. SHOEMAKER 27.2 ACRES, OFFICIAL. RECORD 372, PAGE 216, A DISTANCE OF
APPROXIMATELY 2225 FEET TO A POINT IN THE WESTERLY RIGHT -OF -WAY OF JEROME
ROAD;
THENCE NORTHERLY, WITH SAID WESTERLY RIGHT -0F WAY LINE, AND PORTIONS OF
SAID EXISTING CORPORATION LINE (71 -02), A DISTANCE OF APPROXIMATELY 2741 FEET
TO THE INTERSECTION OF SAID WESTERLY RIGHT -OF -WAY LINE AND THE SOUTHERLY
RIGHT-OF-WAY LINE OF BROCK ROAD;
THENCE EASTERLY, ACROSS JEROME ROAD, A DISTANCE OF APPROXIMATELY 60 FEET
TO A POINT IN THE EASTERLY RIGHT -OF -WAY LINE OF SAID JEROME ROAD;
THENCE WITH SAID EASTERLY RIGHT -OF -WAY LINE OF JEROME ROAD, THE FOLLOWING
COURSES:
SOUTHERLY, A DISTANCE OF APPROXIMATELY 1009 FEET TO A POINT;
EASTERLY, A DISTANCE OF APPROXIMATELY 10 FEET TO A POINT;
SOUTHERLY, A DISTANCE OF APPROXIMATELY 785 FEET TO A POINT,
WESTERLY, A DISTANCE OF APPROXIMATELY 10 FEET TO A POINT;
SOUTHERLY, A DISTANCE OF APPROXIMATELY 650 FEET TO A POINT;
EASTERLY, A DISTANCE OF APPROXIMATELY 10 FEET TO A POINT;
SOUTHERLY, A DISTANCE OF APPROXIMATELY 1288 FEET TO A POINT;
WESTERLY, A DISTANCE OF APPROXIMATELY 10 FEET TO A POINT,
SOUTHERLY, A DISTANCE OF APPROXIMATELY 519 FEET TO AN ANGLE POINT IN SAID
EASTERLY RIGHT -OF -WAY LINE;
SOUTHEASTERLY, A DISTANCE OF APPROXIMATELY 1168 FEET TO A POINT IN THE
UNION AND DELAWARE COUNTY LINE;
THENCE SOUTHERLY, A DISTANCE OF APPROXIMATELY 30 FEET, WITH SAID COUNTY
LINE, TO A POINT IN THE WESTERLY RIGHT -OF-WAY LINE OF JEROME ROAD;
THENCE NORTHWESTERLY, WITH SAID WESTERLY RIGHT- OF-WAY LINE OF JEROME
ROAD, A DISTANCE OF APPROXIMATELY 1212 FEET TO THE INTERSECTION OF SAID
ANNEXATION
82.3 ACRES
-2-
WESTERLY RIGHT -OF -WAY LINE AND THE SOUTIIBRLY RIGHT -OF -WAY LINE OF
MCKITRICK ROAD;
THENCE WESTERLY, WIIH SAID SOUTHERLY RIGHT -0F -WAY LINE OF MCKITRICK ROAD
AND WITH A PORTION OF THE EXISTING CITY OF DUBLIN CORPORATION LINE AS
ESTABL SIM BY ORDINANCE NO. 21 -02 AND OF RECORD IN COMMISSIONERS JOURNAL
44, PAGE 238, AND SAID EXISTING CITY OF DUBLIN CORPORATION LINE (71 -02), A
DISTANCE OF APPROXIMATELY 2249 FEET TO A POINT;
THENCE NORTHERLY, PARTLY WITH THE WESTERLY LINE OF SAID SUBURBAN
IMPROVEMENT OF COLUMBUS INC. S ACRE AND 57.323 ACRE TRACTS, THE EAST LINE OF
SANDRA JEAN KESMWON AND GLENN L 110"MAN TRUSTEES, OFFICAL RECORD 519,
PAGE 524, AND SAID BXIS14 o CITY OF DUBLIN CORPORATION LINE (71 -02), A DISTANCE
OF APPROXIMATELY 1400 FEET TO THE POINT OF BEGINNING AND CONTAINING
APPROXIMATELY 82.3 ACRES OF LAND, MORE OR LESS.
THIS DESCRIPTION WAS PREPARED FROM EXISTING RECORDS AND IS NOT TO BE USED
FOR DEED TRANSFER.
BVANS,�u � ART, �H,A/MBLBTON'A,ND TII.TON, INC. r .�'` E OF 0 lile 9
VAMBS M. PEARSALL DATE ' M 1
L i
REGISTERED SURVEYOR NO. 7W c $Ik PEARSAL
JMP.�luoQf 49,,sroJVAI gua``�,•
82_3 w am= 40276Am
CONTRIBUTION AGREEMENT
This Agreement is made and entered into and effective on this _ day of May, 2014 ( "Effective
Date ") by and between the City of Dublin, Ohio ( "Dublin "), an Ohio Municipal Corporation, with offices
located at 5200 Emerald Parkway, Dublin, Ohio 43017 and Tartan Ridge, LLC, an Ohio limited liability
company, with offices at 495 South High Street, Suite 150, Columbus, Ohio 43215.
Recitals
WHEREAS, Dublin has worked with Washington Township, Jerome Township and Edwards
Land Company to resolve issues surrounding the provision of fire and EMS services to Dublin residents
whose properties area also located within Jerome Township in the Tartan Ridge subdivision ( "the
Property ");
WHEREAS, Dublin, Washington Township and Jerome Township have all approved an
annexation agreement that authorizes the filing of a boundary adjustment petition which will result in the
Property moving from Jerome to Washington Township;
WHEREAS, when boundaries are conformed under the Ohio Revised Code regular annexation
method, a city is obligated to pay "reparations ", which compensates the township for certain property
taxes it loses once the boundaries are extended;
WHEREAS, an Expedited Type Two annexation method was used with the Property and as a
result, the parties can negotiate a payment to Jerome Township;
WHEREAS, Dublin has agreed, in the annexation agreement, to make a negotiated payment to
Jerome Township in the amount of $210,000;
WHEREAS, this payment will be used by Jerome Township to purchase an emergency medical
vehicle, of a type, make and style as determined by Jerome Township;
WHEREAS, Tartan Ridge, LLC, as the master developer for the Property affected by the
boundary adjustment, has agreed to contribute one -half of the cost of the negotiated payment that the
City of Dublin has committed to pay Jerome Township in the annexation agreement.
NOW, THEREFORE, in consideration of the foregoing and mutual covenants set forth herein, it
is agreed between the parties as follows:
In an effort to help facilitate the provision of fire and EMS services by Washington Township for
the homes within the Tartan Ridge development that are currently located in Jerome Township,
Tartan Ridge, LLC agrees to make a contribution to Dublin in the amount of One Hundred Five
Thousand Dollars ($105,000), which is one -half (1/2) of the negotiated payment to be made to
Jerome Township. Payment shall be due within thirty (30) days of the successful completion of
the boundary adjustment petition process before the Union County Board of Commissioners.
IN TESTIMONY WHEREOF, the parties have executed this Agreement as of the day of
, 2014.
CITY OF DUBLIN, OHIO
Marsha I. Grigsby
City Manager
TARTAN RIDGE, LLC
BY:
Charles P. Driscoll
ITS: Vice President
Approved as to Form:
Stephen J. Smith, Law Director
4817 - 6454- 5050v2