112-03 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank, inc. Form No. 30043
Ordinance No. Passed . 20
AN ORDINANCE PETITIONING THE BOARD OF COUNTY
COMMISSIONERS OF FRANKLIN COUNTY, OHIO FOR A
CHANGE OF TOWNSHIP LINES OF PERRY TOWNSHIP
FOR THAT PORTION WHICH NOW LIES WITHIN THE
CORPORATE BOUNDARIES OF THE CITY OF DUBLIN,
AND DECLARING AN EMERGENCY.
WHEREAS, Dublin City Council, pursuant to previous recommendations of the
Public Services Committee has adopted a policy whereby the boundaries of the City
of Dublin shall be brought into a single township for the purpose of creating a
uniform level of fire protection and emergency service within Dublin; and
WHEREAS, on Apri12, 2003 the Franklin County Commissioners approved the
annexation petition of 2.42+/- acres in Perry Township, filed as a Regular
Annexation Petition by Stephen J. Smith, Law Director, agent for petitioner City
of Dublin, 5200 Emerald Parkway, Dublin, OH 43017; and
WHEREAS, the Ohio Revised Code Section 503.07 authorizes the Dublin City
Council to petition the Board of County Commissioners of Franklin 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; and
WHEREAS, Washington Township has the largest area of township jurisdiction
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 in the
Perry Township portion of the City of Dublin, thereby improving service and
reducing risk to life and property.
NOW, THEREFORE, BE IT ORDAINED by this Council of the City of Dublin,
State of Ohio, ~ of the elected members concurring:
Section 1. That the City of Dublin, Ohio, an Ohio Municipal Corporation, hereby
~ petitions the Board of County Commissioners of Franklin County, Ohio, for a change
of township lines of Perry Township to remove the area included within the corporate
limits of the City of Dublin, as shown on the attached Exhibit A, from Perry
Township and place it in Washington Township pursuant to the terms and provisions
of the Ohio Revised Code Section 503.07 and related sections, and pursuant to the
Ohio Supreme Court decision in the case of State, ex rel. City ofDublin v. Delaware
County Board of Commissioners, which held that, "a Board of County commissions
must comply with 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. That 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 maj ority of
the members of the Dublin City Council, 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 Franklin County, Ohio.
RECORD OF ORDINANCES
Dayton Legal Blank, Tnc. Form No. 30043
Ordinance No. Passed , 20
Page Two
Section 3. That the City Law Director be, and hereby is, 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 Franklin County, as a petition
praying for such changes to the boundary lines of Perry Township as set forth herein.
Section 4. That this Ordinance is declared to be an emergency measure necessary for
the immediate preservation of the public peace, health, safety or welfare, and shall
therefore take effect upon passage.
Passed this ~ day of Q e~oht~ , 2003.
ayor -Presiding Officer
Attest:
Clerk of Council
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
fl•
D ty Clerk of Council, Dublin, Ohio
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August 28, 2002
Approxi»:ately 2.42 Acres located in
Perry Towns/zip, Franklin County, Ohio to be
A~znexed to the City of Dublin, Ohio
Situated in the State of Ohio, County of Franklin, Township of Perry, in Quarter
Township 2, Township 2; Range 19 United States Military Lands, being parts of Tuller
Road, State Route #257 (Riverside Drive), the BVH Associates LLC 1.455 Acre tract
(Instrument Number 199710080114699, Recorder's Office, Franklin County, Ohio) and
the City of Dublin 1.640 Acre tract (Instrument Number 200006290128229, said
Recorder's Office) and being more particularly described as follows:
Beginning at the intersection of the north line of Tract II of said 1.455 Acre tract
extended westerly with the existing westerly Right-of--Way of said State Route #257, said
intersection being an angle point in an existing City of Dublin Corporation Line, as
established by Ordinance Number 14-65, of record in Miscellaneous Record 138, Page
617, said Recorder's Office;
Thence, easterly, across said State Route #257, along said north line of Tract II
and along said Corporation Line (Ord. No. 14-65), approximately 80 feet, to the
intersection of said line with the existing easterly Right-of--Way of said State Route #257;
Thence, southerly, along said east line of State Route #257, approximately 141
feet, to the intersection of said line with the existing northerly Right-of--Way of said
Tuller Road;
Thence, easterly, along said north line of Tuller Road, approximately 396 feet, to
the intersection of said line with the east-line of Tract I of said 1.455 Acre tract, and being
in said existing corporation line;
Thence, southerly, across Tuller Road and along said existing Corporation Line
(Ord. No. 14-65), approximately 70 feet, to the intersection of said line with the original
southerly Right-of--Way of said Tuller Road, being an angle point in said corporation line;
Thence, westerly, along said original southerly line of said Tuller Road, being an
existing City of Dublin Corporation Line as established by Ordinance Number 08-64, of
record in Miscellaneous Record 136, Page 247, said Recorder's Office, and across said
State Route #257 with the westerly extension of said original southerly line of Tuller
Road, approximately 483 feet, to the intersection of said line with the westerly Right-of-
Way line of said State Route #257;
(Continued)
s
Page 2
Thence, southerly, along said westerly Right-of--Way and said Corporation Line
(Ord. No. 08-64), approximately 59 feet, to a point of curvature of said Right-of--Way;
Thence, southerly, along a curve to the right, along said Right-of--Way and said
Corporation Line (Ord. No. 08-64), approximately 402 feet, to the intersection of the
easterly line of said 1.640 Acre tract with said westerly Right-of--Way line, being an angle
point of said Corporation Line (Ord. No. 08-64);
Thence, southerly, continuing along said Corporation Line (Ord. No. 08-64) and
easterly line of said 1.640 Acre tract, approximately 420 feet, to the easterly bank of the
Scioto River being the southerly most point of said 1.640 Acre tract;
Thence, northerly, along the easterly bank of said River and the westerly line of
said 1.640 Acre tract, approximately 914 feet, to the intersection of said easterly bank
with a southerly line of said Corporation Line (Ord. No. 14-65) being the northwest
corner of said 1.640 Acre tract;
Thence, easterly, along said Corporation Line (Ord. No. 14-65) and the north line
of said 1.640 Acre tract, approximately 176 feet, to an angle point in said Corporation
Line (Ord. No. 14-65) in the westerly Right-of--Way of said State Route #257;
Thence, northerly, along said Corporation Line (Ord. No. 14-65) and said
westerly Right-of--Way, approximately 182 feet, to the place of beginning
CONTAINNING APPROXIMATELY 2.42 ACRES.
SCHOTTENSTEIN
ZOX&DU N NCD.,tPA
MEMORANDUM
TO: Dublin City Council
Jane Brautigam, City Manager
Anne Clarke, Clerk of Council
FROM: Stephen J. Smith, Law Director
J. Corey Colombo
DATE: October 6, 2003
RE: Ordinance 112-03
(Petitioning Franklin County Commissioners for Change of Township Lines)
~,I
On August 18, 2003, the Crty Council passed Ordinance 79-03, which was an acceptance
of an annexation of 2.42 acres from Perry Township to the City. The land subject to the
annexation consists of City-owned property and roadway at and near the Tuller Road and State
Route 257 (Riverside Drive) intersection. The City of Dublin was the petitioner for the
annexation, and filed the petition pursuant to the "regular," also known as the "majority owner,"
annexation method.
As the annexation is now effective, the City can petition the Franklin County
Commissioners for a change in township boundary lines pursuant to R.C. §503.07. Ordinance
112-03 authorizes the Law Director to file the boundary adjustment petition in order to transfer
the land from Perry Township to Washington Township. R.C. §503.07 allows for boundary
adjustments, without an annexation agreement, when the annexation was granted pursuant to the
"regular" annexation method. Reparations to Perry Township should not be required in this
matter as the land consists of roadway and tax-exempt City property.
WWW.szo.cotn As always, please contact this office if you have any questions or wish to further discuss
c°i~mb~s this matter.
Cleveland
Cincinnati
I
i
{H0364523.1 }
250 West Street, Columbus, Ohio a32~5-2538 ~ P.O. Box 165020, Columbus, Ohio 43216-5020 ~ voice: 61d-462-2700 ~ Fax: 614-462-5135