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HomeMy WebLinkAbout109-93 Ordinance ; · RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No. _~_()~..~~_ Passed nnn_nn___nn____n19n AN ORDINANCE TO ENTER INTO A HEALTH SERVICES CONTRACT WITH THE FRANKLIN COUNTY ~ BOARD OF HEALTH, AND DECLARING AN EMERGENCY I '- WHEREAS, Chapter 3709 of the Ohio Revised Code states that a city constitutes a health district and must provide health services for residents within that district; and WHEREAS, the contract (Ord. 124-92) between the Franklin County Board of Health and the City of Dublin expires December 31, 1993; NOW, THEREFORE BE IT ORDAINED by the Council of the City of Dublin, state of Ohio, ~ of the elected members concurring: section 1. That the City of Dublin, in order to provide health services, desires to enter into a contract with the Franklin County Board of Health to provide those services. section 2. That a copy of the contract is hereto attached as Exhibit "A". section 3. That the Manager and Finance Director be, and hereby are, authorized and directed to execute said contract with the Franklin County Board of Health. .~ section 4. That this Ordinance be, and the same hereby is, declared to be an emergency measure necessary for the public health, safety and welfare, and therefore, shall take effect -- and be in force immediately upon its passage. Passed this ;< {; ft.. day of ~~'-t 1-/ , 1993. Officer ATTEST: ~/v,,--4- (P ~L1_LL- I Clerk of Council II !I ,.... ~ ... .'/1:.. ::;' j';Jl cop"es of lh.s Ordno::G/Rt::eltlti6n were po t d' , ~" . : ,~ . I' . S e In t le \\,~ Jl :JJ,m rn accordance wi4h Section 731 2S of th nI.' R ' . e I.PII'O eVlsed Code. ~1/i'LA - (7 C2< .A ~1 L.. A/ G!"rk of Council. Dublin, Ohio '~"""'-" .. ijjj ii--'" ,', ~T,' :- . . FRANKLIN COUNTY BOARD OF HEALTH HEALTH SERVICES CONTRACT Between the : The Franklin County Board of Health 410 South High Street Columbus, Ohio 43215 Phone (614) 462-3160 / Fax (614) 462-3851 and The City of Dublin, Ohio 6665 Cojjinall Road Dublin, Ohio 43017 Contract Number FHS94.00 1 January 1994 06>"'-""'" ~""---.._,----,- " ,,~4i., ",," ~'~ r.'-, . . CONTRACT BETWEEN THE CITY OF DUBLIN. OHIO. AND THE DISTRICT ADVISORY COUNCIL OF THE FRANKLIN COUNTY GENERAL HEALTH DISTRICT. This contract, made and entered into" by and between the City of Dublin, Ohio, a municipal corporation and the District Advisory Council of the Franklin County General Health District. ."""L WITNESSETH SECTION 1. The Chairperson of the District Advisory Council of the Franklin County General Health District shall for the consideration hereinafter stated, furnish to the City of Dublin, Ohio, and inhabitants thereof, all such public health services as are furnished by said Council to all villages and townships and the inhabitants thereof, of Franklin County, Ohio. Said services as are furnished shall include the following: Minimum Public Health Standards for Local Health Departments 3701-36-03 General Administration 3701-36-04 Fiscal Management 3701-36-05 Health Education 3701-36-06 Communicable Disease Control 3701-36-07 Chronic Disease Control 3701-36-08 Genetic Disease Control 3701-36-09 Primary Care 3701-36-10 Laboratory Services 3701-36-11 Food Protection 3701-36-12 Safe Drinking Water 3701-36-13 Sewage Disposal 3701-36-14 Vector Control 3701-36-15 Nuisance Control 3701-36-16 Maternal Health 3701-36-17 Child Health 3701-36-18 Nutrition Services 3701-36-19 School Health 3701-36-20 Family Planning 3701-36-21 Substance Abuse 3701-36-22 Disaster Preparedness 3701-36-23 Accident Prevention Also, any other services that are provided by the Franklin County Health Department. Such services shall be rendered if appropriate and necessary when requested by the citizens of Dublin, Ohio, officials of city government, school authorities or medical personnel practicing in or around the City of Dublin, Ohio or when required by state statute. ,..., "_,,.^,_...~~~'.',o' .,,"", ''-'-'''''' -- The City Law Director of Dublin, Ohio shall be responsible for the litigation of Health Regula- tions within the corporate limits of said political subdivision. SECTION 2. Said public health services shall be furnished beginning January 1, 1994 and ending December 31, 1994, provided, however, that either party to this agreement shall have the right to cancel the same upon four months written notice and the parties hereto may, by mutual written agreement, modify the terms of this agreement. SECTION 3. The Health Department shall render a report monthly to the City Manager on all services directly rendered to the citizens of Dublin. Such a report shall describe the type of $~ service, where and for whom the service was rendered, and the number of cases, visits or other appropriate work units. SECTION 4. The City of Dublin, Ohio shall pay to the Franklin County General Health District for said public health services furnished the City of Dublin, Ohio and the inhabitants thereof, such sum or sums of money based on a per capita rate as would be charged against municipal corporations composing the Franklin County General Health District. SECTION 5. Said sum or sums of money shall be paid by the said City of Dublin, Ohio to said District Advisory Council of the Franklin County General Health District by the Franklin County Auditor's Office by deducting the fee from the Real Estate Tax Settlement for the City of Dublin, Ohio pursuant to the Ohio Revised Code 3709.08, not to exceed the sum of $60,000.00 annually PLUMBING INSPECTION SERVICES: SECTION 6. The District Advisory Council of the Franklin County General Health District shall for the consideration hereinafter state, furnish to the City of Dublin, Ohio, all plumbing inspections as are furnished to all inhabitants within the general health district of Franklin County, Ohio. Inspectors are to be State Certified by the Ohio Department of Health. SECTION 7. The City of Dublin, Ohio, through its Building Department shall issue permits and collect fees for such plumbing inspections. The fee to be charged shall be the same as that of the Franklin County General Health District. The City of Dublin, Ohio, shall forward sixty (60%) percent of all plumbing inspections fees collected by them to the Franklin County General Health District after said Health District has submitted monthly statements of the amount due. Said amount shall be paid by the City of Dublin, Ohio, within thirty (30) days after receipt of said statement. SECTION 8. This contract is approved by a majority of the members of the legislative authority of the CityJr lUblin, Ohio, pursuant to the provisions of Rlfliel"tinn/Ordinance ~ dated J' AD V . SECTION 9. The City of Dublin, Ohio has determined that the District Advisory Council of the Franklin County General Health District is organized and equipped to provide adequately the service which is the subject of this. contract. _'__~~"~~.__~u'..,,__', ___,__" '-.".'___~__._'___""'_'~ =,,<,-,..,".~ '''______< >'"~~,, '=' ;' ',-', ...' " ..-'~ . IN WITNESS WHEREOF, the parties to this agreement have hereunto set their hands and seals and have executed this agreement this ~ I .4/-r- day of ~~ , i'11 3- DISTRICT ADVISORY COUNCIL OF THE FRANKLIN COUNTY GENERAL HEALTH DISTRICT -- ChairmanO<-- ~J--- THE CITY OF DUBLIN, OHIO ~~~ City Manager ~ APPROVED BY THE OHIO DEPARTMENT OF HEALTH DIRECTOR OF HEALTH DATE ~ ___wO.""__~'_"" _~'~~c=.'~.h..>~~~ ,",-<. , '...,..-,.,.... _....'....~~ . , > FINANCIAL CERTIFICA TE It is hereby certified that the amount required to meet the contract agreement, obligation, payment of expenditure for the above has been lawfully appropriated, authorized or directed ~> for such purpose and is in the treasury or in the process of collection to the credit of the proper fund and is free from any obligation or certificated now outstanding. ~~~- 0 ~l~~ FISCA OFFICER DATE City of Dublin, Ohio <~--~~...~~'~-'-"~,~"'- ~._,~ .-""'" " ~ - ~SJL . . CITY OF DUBLIN PLANNING AND ZONING COMMISSION AN APPLICATION FOR AMENDMENT FOR P&Z C Use Only OF THE CITY OF DUBLIN ZONING ~pli~ion DISTRICT MAP (Reclassification of Land) Date Filed: - Fee Receipt Ob I Received by: I '~,d Please type or print information - Use additional sheets as necessary TO THE HONORABLE PLANNING AND ZONING COMMISSION: EfZW I U 'f' ~IAJ fA) ) alo A IVNf1 ERuJ;1lJ The App licant Mi dwest Lane! Ftffid..-..tf:t-. (Have property in contract) being the owner(s),Xr~~~~~~~~ of property located within the area proposed for ,re-zoning (preliminary Development plan) , requests that the following described land to be placed in the PUD District . A. DESCRIPTION OF LAND TO BE RECLASSIFIED 1. General Description of Land (describe by one of the following): a. Lot(s)/Reserve(s) of , p- I , a recorded plat, with an area of . b. Beginning at a point along (street or other) and being feet in a N SEW direction from the (specify) of (Street or other), and thence having a dimension of from the (specify) of (street or other), and having an area of . c. The tract of land containing Acres and bounded by: (specify) on the N SEW (Circle) (specify) on the N SEW (Circle) (specify) on the N SEW (Circle) ., (specify) on the N SEW (Circle) I , d. Attached legal description: YES XX NO ~ ~""~'''-->'- ".---,-'"".......-....._~ - / Page 1 of 3 ',cl '-~-' ~~- .-"..,"- ,.'~m.-".-__~'~ ....~","~ '~'~.'_' ,_.. ._ __"""".'___~"",,,,"'~c-'<-'-''-~'''',_''''''"___ - . . Map of Proposed Zoning District Boundaries Two (2) copies of map accurately drawn to an appropriate scale (to fill a sheet of not less than 8\ x 11 inches and not more than 16 x 20 inches). The map shall be identified and submitted in addition to the General Description of Land. The map shall include all land in the proposed change and all land within five hundred (500) feet beyond the limits of the proposed change. To be shown on the map - all property lines, street right-of-way, easements and other information related to the location of the proposed boundaries and shall be fully dimensioned. The map shall show the existing and proposed Zoning District or Special District boundaries. List all owners of property within and contiguous to and directly across the street from such area proposed to be rezoned. The addresses of the owners shall be those appearing on the County Auditor's current tax list or the Treasurer's mailing list. NAME ADDRESS See Exhibit "A" attached hereto. ~' B. ARGUMENTS FOR RECLASSIFICATION OF THE DESCRIBED LAND 1. Proposed Use or Development of the Land: Single family residences and open space. . PLANNED DEVELOPMENT ZONING DISTRICTS and SPECIAL DISTRICTS submission of three (3) copies of a Development Plan and other documents and two (2) copies shall be retained as a permanent public record if approved. For other Zoning Districts, such plans or other exhibits would be helpful to the review of this application. Plans and Exhibits submitted Plot Plan ; Building Plan ; Development Plan XX ; Sketch ; - - -- Photographs _____; Other (specify) 2. State briefly how the proposed zoning and development relates to the existing and probably future land use character of the vicinity. Develooment as consistent with surrounding development and Dublin r.nmmlmity Plan (see 10j07j93 Staff Report on Concept Plan). Page 2 of 3 pages "-------,.<" .--.,..,--, ..;>,,'~,_. .~"-".",""-:,~-,-.--.~,,,, ^-';:",'-'-~'~---'--,-""^--,~ '--"_.'--^'~='" ~ 3. Has an application for rezoning of the property been denied by the City Council within the last two (2) years? U;S NO XX If Yes, state the basis of reconsideration C. AFFIDAVIT Before completing this application and executing the following affidavit, it is recommended that this application be discussed with the Building Inspector to insure completeness and accuracy. Present owner of property: APPLICANTS'S AFFIDAVIT STATE OF OHIO COUNTY OF FRANKLIN, I ~) Robert A. Meyer, Jr. Attorney for Midwest Land Fund, Inc. being duly sworn, depose and say that I am~a~e th~~~~~~~~~ ~~l~X~*~*~~X~~~~~~X~~<<X~~~X~<<~~XXX~~*~~~~X<<<<~X~~~~~~~X~~~~~ of land included in the application and that the foregoing statement herein contained and attached, and information or attached exhibits thoroughly to the best of my~ ability present the arguments in behalf of the application herewith submitted and.that the statements and attached exhibits above referred to are in all respects true and correct to the best of my~~~~ knowledge and belief. **attorney for the applicant ~t~{f-- Robert A. Meyer, Jr., Esq. PORTER, WRIGHT,MORRIS & ARTHUR 41 South High Street Columbus; Ohio 43215 (Mailing address) (614)224-2242 (Phone) Subscribed and sworn to before me this 3f!)-t day of November , 1993. MARY A. ROSSI ~~ 1l12,=, 'E~1 Public) Person to for details, if other than above signatory: . -, ,..-- (Name (Address) (Telephone) - - - - - - - - - - - - - - - lDo not WrIte below thIs-lIne)- - - - - - - - - - --- - - D. .RECORD OF ACTION 1. Withdrawn Held to (Date) (Date) 2. P&Z C: Date of Hearing Approved Disapproved Modified 3. City Council: Date of Hearing Approved Disapproved Modified P~OP 1 nf 1 P~OP~ ~ "C.,,_ """._'",',,,~~._......'--- ..^"-,"---,~v,,,,,,,",,,,,<.,_, - --""",'",,- -..-,,, ~,--"""="='"-""""'-'~'"",""~-,~."-<,~"",,,,,.."..~~;....' - "2.13 -OZb ~~ . LEGAL DESCRIPTION Situated in the Counties of Franklin and Union in the State ~f Ohio and in the Townships of Washington and Jerolle and bounded and descr~bed as follows: Being ~art of Survey Nos. 5162 and 2544 in th~ Virginia Military D~strict. Beginn ng in the center of the Scioto River, Un~on and Delaware Count~es Free Turn ike at a stone in the center of said Turnpike at the po~nt where the Dela~are County branch of said Turnpike intersects the main turnp~ke at or ver~ near the Southeast corner of the Joseph McCampbell farm, so calle~j then?e Nort 840 30' W, 230.80 poles to a stone in the Southwest corner of sa~d farm, thenc~ North 40 30' W, 101.60 poles to a stone in the Northwest corner of sa~d farm, thence North 720 40' E, 193 poles to a stone in the center of the Frankfort '~-Road now fOl"lling the Delaware count!. 8ranch of the above designated free turnpike; thence with the center of sa d Frankfort Road, known as the Delaware Countv Branch of said turnpike South 160 15' E, 189.68 poles ~o the beg~~n~nQ, contuning 186.90 acres, 30.3~ acres of the west .side of sa~d farm be~ng ~n "1, Jerome Townahip, Union County, Oh~o, and the rema~nder of sa~d tract, 156.57 l?b.5 (:~ acres, being in Weshington Township, Franklin County, Ohio. _ 1,.11_' ~ EXCEPII~G HOWEVER, the following described tract situated in the Township of - SZ. 5e.c.. Washington, Franklin County, Ohio, and being a part of Survey No. 5162, V~rg~n~a ~ Military Lands, bounded and described as follows: Beginnin~ at a iron pin in the centerlina of Avery Road at the Northeast corner of the a oresaid 186.90 acre tract, thence South 160 15' E, along the centerl~ne of said road 615 feet to a spike in the center of said road; thence South 720 51' W 354 19 feet to a stake (passing a stake at 30 feet); thence North 160 15' W. "615 feet to a stake in the North line of the aforesaid 186.90 acre t ra c t ; thence North 720 51' E. along said North l~ne 354.19 feet to the place of beginnin~ (passing a stake at 324.19 feet) and containing five (5) acres of land more or ess. AND FURTI-lJ:"R ~r-\(rJ:"DTTNG. THEREFROM: Parcel 1: Situated in the State of Ohio, County of Franklin, City of DUblin, ~lng in Virginia Military Survey No. 5162 (6152), containing 68.714 scres of " nd, more. or less p said 68.714 . a~res bai,,! out of that 186.90 acre tr~ct of '>.l'd descr~bed on ege 4 of Exh~bU 'A' 0 the Deeds to Erwin snd Erw~n, of cord in Official Records Volume 10072, PaQe 114 and Official Records Volume 10072, Page 120, Recorder's Office, Frankl~n County, Ohio, said 186.90 acre trsct also being described on Pege 4 of Exhibit 'A' of the Deeds to Erwin and Erwin, of reco rd in Dead Book 03 , Page 511, a nd Deed Book 303 , Page 518, R eco rder ' s Office, Union Coun ty , Ohio, said 6B. 714 ac re s of la nd beln g mo re particularly described as follows: Beginning, for reference, et a railroad Spike at the centerline intersection of Brsnd Rosd snd Avery Rosd (Avery Rosd North of Brand Road), the same being the Southeasterly corner of said 186.90 acre tracth thence North 820 54' 00' W. with the centerline of said Brand Road and with t e Southerly line of said 186.90 acre tract, crossing a railroad spike et the centerline intersection of Brand Road and Avery Road (Avery Road South of Brand Road) at e distance of 392.62 feet, a total distance of 2,474.79 feet to a railroad spike at the true point of beginning; Thencei from said true point of beginning North 820 54' 00' W, with the center ine of said Brand Road and with the Southerly line of said 186.90 acre tract, a distance of 654.02 feet to a railroad spike; ~. Thence North 00 19' 52' E, ~aral1el with and 74.49 feet Easterly from, as .easured a! right angles, bot s Wes!erly line of said Franklin County and an Easterly l~ne of Un~on County, cross~ng said 186.90 acre tract and crossing a 3/4 inch (1.0.) iron Pipe at a distance of 30.21 feet, a total distance of 1,983.19 feet to a 3/4 inch (I.D.) iron Pipe in the Northerly line of said ~.90 acre trect the saee being in the Southerly line of that 56 acre tract t land designated as the FIFTH PARCEL in the Deed to the American Italian Golf ~ A~sociation, o.f record in Deed 800k 2600, Page 393, Recorder's Office, · · khn County, Oh~o, and in Deed 800k 216, Page 68, Recorder's Office, Union County, Oh~o, and ~n Deed Book 315, Page 64, Recorder's Office Delaware County Ohio; " T~ence North 740 01' 58' E, with the Northerly line of said 186.90 scre tract, w~th the Southerly l~ne of said 56 scre trsct and with the Southerly line of that.40 acre ~ract of land design~ted as the FOURTH PARCEL in said Deeds to the Amer~can Ita~~an Golf Club Assoc~at~on, a distance of 2,021.05 feet to a 3/4 ~nch fI.D.) ~ron p~pe at the Northwesterly Corner of that 5 acre tract of land descr~bed in the deed to Carl W. Hansel and Enid p. Hansel of record in Deed Book 1446, Page 413, Recorder's Office, Franklin County, Ohio; Thence South 140 59' 39' E, with the Westerly line of said 5 acre tract, a d~stance of ~15.00 feet to a 3/4 inch (1.0.) iron pipe at the Southwesterly corner of sa~d 5 acre tract; ----~ .--, ..~....,",,,-,,.~.-,,,~,".~..~_._~ ~ fhenoe North 740 01' 58" E , with the Southerly line of said 5 acre tract! crbssing a 3/4 inch (1.0.) iron pipe at a distance of 324.19 feet, a tota distance of 354.19 feet to a railroad spike in the centerline of said Avery Road at the Southeasterly corner of said 5 acre tract, the same being in the Easterly line of said 186.90 acre tractj Thence South 140 59' 39" E, with the centerline of Avery Road and with the Easterly line of said 186.90 acre tract, a distance of 385.14 feet to a railroad spike; Thence South 740 01' 58" W, parallel with and 1,000.00 feet Southerly from, as measured at right angles, the Northerly line of said 186.90 acre tract, crossing a 3/4 inch (1.0.) iron pipe at 30.00 feet, a total distance of 1,973.99 feet to a 3/4 inch (1.0.) iron pipej Thence South 00 19' 52" W, parallel with and 723.94 feet Easterly from, as measured at right angles, both a Westerly line of 8~id Franklin County and an easterly line of said Union Countl' crossing a 3/4 ~nch (1.0.) iron pipe at a distance of 1,178.08 feet, a tot a distance of 1,208.29 feet to the true point of beginning and containing 68.714 acres of land, more or less. Subject to all riphts-of-way, easements and restrictions, if any, of previous record. Also subject to all legal highways. The foregoing description was prepared from information obtained from various field surveys conducted by Bauer! Davidson & Merchant, Inc. beginning in March of 1977 and extending through Ju y of 1988. All of the survey markers noted in the foregoing description were in place in July of 1988. The bearings given in the foreQoing description correspond to the bearings shown on the recorded plat of Muirf1eld Village Phase 30, of record in Plat Book 66, Pages 55, 56 and 57, Recorder's Office, Franklin County, Ohio. --'-'--..--. LGJt~~) Parcel 2: Situated in the State of Ohio, Franklin County, washington Township being part of Survey No. 6152/5162 and 2544, Virginia Military Lands, also bein~ -rt of a 81.994 acre parcel of land lying on the North side of Brand Road .ounty Road 44) aa conveyed to the Grantor and described in Official Records ~lume 10072, Page 114 to J06 (118 and CDS) of the records of said County, .or. particularly described as follows: 8eginning for reference .t a Franklin County aonuaent box found at the Grantor's Southeasterly corner, said box also being on the intersection of the centerline of Avery Road (County Road 3) and Brand Road (County Road 44); thence with the centerline of Brand Road, North 820 53' 25" W, a distance of 392.73 feet to a Franklin County aonument box found at the intersection of the centerline of Avery Road (County Road 3) and 8rand Road (County Road 44), said box also being on the Grantor's Southerly line and also being the Northeasterly Corner to the Indian Run United lIethodut Church of DUblin, Inc. (OR 03691, E01) 6.9 acre tract and also being the Northwesterly corner to the lIuirf1eld Development Coapany's (OR 13778, C05 to C19) 83.376 acre tract, all fro. the records of said County, said point being the TRUE POINT OF BEGINNING for the parcel herein intended to be described. Thence with the Grantor's Southerly line, the centerline of Brand Road and the Northerly line of the said Indian Run United lIethodist Church Of Dublin, Inc. (OR 03691, E01) 6.9 acre tract, North 820 53" 25' W, a distance of 212.54 feet to a point; Thence across the Grantor's tract North 070 06' 35" E, a distance of 40.00 feet to a point; Thence continuing across the Grantor's tract South 820 53' 25" E, parallel to the centerline of said Brand Road a distance of 300.00 feet to a point; :~ ince continuing across the Grantor's tract South 070 06' 35" W, a distance of ~OO feet to the centerline of Brand Road and the Northerly line of the said MUirfield Developaent Company's (OR 13778, C05 to C19) 83.376 acre tract; Thence with Grantor's Southerly line and the Northerly line of the said Muirfield Development Company's (OR 13778, C05 to C19) 83.376 acre tract, North 820 53' 25" W, a distance of 87.46 feet to the TRUE POINT OF BEGINNING; The above parcel contains 0.276 acre more or less which the present road occupies (P.R.O.) 0.138 acre more or less. The Grantor reserves the right of ingress and egreS8 to and from the residual area. The above description was prepared by Owen B. Daniel, Registered Surveyor No. 61451 on March 19, 1990 from H1ghway Construction Plans prepared by the Franklin Coun~y Engineering Department. Bearings were established from a survey of the Indian Run United Methodist Church Of Dublin, Inc. Official Record 03691. Pao~ E01. '--= 4 . . ... The applicant~~ hereby acknowledges that approval of ~Kl~~X~K~*~ (its) request for re-zontria by the Dublin Planning and Zoning Commission and/or Dublin City Council does not constitute a guarantee or binding commitment that the City of Dublin will be able to provide essential services such as water and sewer facilities when needed by said applicant. The City of Dublin will make every effort to have these services available as needed. However, the rapid growth of the City of Dublin and Northwest Franklin County has stretched the City's capacity to provide these services to the limi t. As such, the City of Dublin may be unable to make all or part of said facilities available to the applicant until some future date. The undersigned hereby acknowledges and understands the foregoing. II hll/f'-3 '. , , Date Signature of Applic t 0 representative thereof. On behalf of: J!f"n. Mi rlwp<:;t I (lnrl Flmrl , Tnc. Applicant 4~ . ,..-- tl~~