Ordinance 053-17Dayton Legal Blank, Inc.
Ordinance No. 53 -17
RECORD OF ORDINANCES
Passed
Form No. 30043
20
AN ORDINANCE PETITIONING THE BOARD OF COUNTY
COMMISSIONERS OF UNION COUNTY, OHIO, TO ADJUST THE
BOUNDARY LINES OF JEROME TOWNSHIP SO AS TO EXCLUDE THAT
TERRITORY THAT, AS A RESULT OF ANNEXATION, NOW LIES WITH77N
THE CORPORATE BOUNDARIES OF THE CITY OF DUBLIN (PULTE HOMES
OF OHIO, LLC ANNEXATION OF 47.366 + /- ACRES — ORDINANCE 26 -17)
WHEREAS, on December 15, 2016, the Board of County Commissioners of Union
County, Ohio approved the petition for annexation of approximately 47.366 acres in
.Jerome Township, filed as a regular annexation by Tom Hart, agent for petitioner, Pulte
Homes of Ohio, LLC; and
WHEREAS, the Ohio Revised Code Section 503.07 authorizes the Dublin City Council to
petition the Board of County Commissioners of Union 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; 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, Delaware,
Franklin, and Union Counties, 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 Union County, Ohio, for a change of township
lines of Jerome Township to remove that area included within the corporate limits of the
City of Dublin, as shown on the attached Exhibit A, from Jerome 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 Union 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 Union County, as a petition praying for such
changes to the boundary lines of Jerome Township as set forth herein.
Section 4. This Ordinance shall take effect in accordance with 4.04(b) of the Dublin
Revised Charter.
Dayton Legal Blank, Inc.
Ordinance No.
53 -17
RECORD OF ORDINANCES
Form No. 30043
Passed Page 2 of 2 , 20
Clerk of Council
2017.
41
03%
From: Dana L. McDaniel, City Manager
Date: August 10, 2017
Enitiated By: Jennifer D. Readler, Law Director
7o*�e: Ordinance No. 53-17
Township Boundary Adjustment Legislation (Pulte Homes of Ohio, LLC)
The City of Dublin ("City") approved, via Ordinance 26-17, the annexation of approximately 47.366
acres of land from Jerome Township, located on the east side of Hyland-Croy Road (the "Annexed
Territory"). This annexation was initiated via regular annexation procedures by Tom Hart,
agent/attorney for Pulte Homes of Ohio, LLC ("Petitioner"). The Board of County Commissioners
of Union County approved this annexation at its December 15, 2016 meeting.
Ordinance 53-17 would authorize the City Law Director to petition the Board of County
Commissioners of Union County to adjust township boundaries in Union County such that the
Annexed Territory would be removed from Jerome 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 55f 577 N.E.2d 1088 (1991), provides the City with the authority to file the petition,
and the Union County Commissioners to approve the petition.
Because Washington Township has the largest area of township jurisdiction within the City of
Dublin and has fully equipped and staff a"' d stations that can respond to fire and medical
emergencies, it has been determined that Washington Township will provide services to this area.
The boundary adjustment will ensure that Washington Township has the ability to impose levies to
compensate it for providing these services.
The City and Petitioner, via a pre-annexation agreement approved by City Council by Ordinance
28-16, were able to come to terms on reparations that would be due to Jerome Township as a
result of this boundary adjustment. Under the pre-annexation agreement with the Petitioner, the
Petitioner will compensate the City for e r r ration payments made to Jerome Township.
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The Law Department recommends approval of Ordinance No. 53-17 at the August 28 meeting.
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Dayton Legal Flank. Inc.
Ordinance No. 26 -17
RECORD OF ORDINANCES
h it in No. 3(KW3
Passed . � U
AN ORDINANCE ACCEPTING AN ANNEXATION OF 47.366
ACRES, MORE OR LESS, IN JEROME TOWNSHIP, UNION
COUNTY, TO THE CITY OF DUBLIN (PETITIONERS: JOHNSTON
H. MEANS, R. OLIVER GRIFFTH AND DEBORAH L. GRIFFITH)
WHEREAS, after a hearing held on December 15, 2016, the Union County
Commissioners approved the regular annexation petition for 47.366 acres, more or
less, from Jerome Township, Union County to the City of Dublin, as filed on
September 27, 2016 by Thomas L. Hart, Esq., agent for petitioners Johnston H.
Means, R. Oliver Griffith and Deborah L. Griffith; and
WHEREAS, the area proposed for annexation lies within Dublin's exclusive water and
sewer service extension area, as provided under agreements with the City of
Columbus and is located adjacent to and beyond the present corporate boundaries of
the City of Dublin.
NOW, THER FORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, of its elected members concurring, that:
Section 1. The petition for the annexation of 47.366 acres, more or less, (see
attached legal description, Exhibit "A'� to the City of Dublin, Ohio is hereby accepted.
Section 2. This Ordinance shall take effect and be in force from and after the
earliest date allowed by law.
Alt
,TEST:
1
Cjia�V) �' &�'
-jr� Clerk of Co it
_, 2017.
MEMORA1 DUrM
TO: Members of Dublin City Council
FROM: Dana L. McDaniel, City Mana
DATE: April 20, 2417
INITIATED Jennifer D. Readier, Law Director
BY:
RAE: Ordinance 2617 -�- Accepting an Annexation of 47,366 Acres More
. o r Less, from
Jerome Township, Union county to the city of Dublin.
Petitioners: Johnston H. Means, R. Oliver Griffith and Deborah L. Griffith
Summary
This proposed annexation is for 47.366 acres, more or less, includes no right-of-way and is located
on the east of
Hyland Croy Road. Per the Ohio Revised Code process regarding nnexations the
City of Dublin was required s red to foul g '
Q provide a resolution stating what services the municipals will
provide to the annexation are �
a upon annexation, Accordingly, Resolution 61 -16 was passed by
City Council on November 21, 2016, Copies of that Resolution and the cover m `
erno are included
in the transcript of the commissioners' hearing and attached for reference.
This Resolution was forwarded to the Union County commissioners for their
hearing on the
annexation on December 15, 2016, and the Commissioners approved the annexation
lap by
Resolution 17 -004. A copy of that Resolution is attached as well.
Process
Per the Ohio Revised Code, the transcript of the County Commissioners' hearing s forwarded orwarded to
the clerk of the municipal corporation to which annexation is proposed. The clerk is required to
hold the transcript for a period of 60 days. Following the s expiration of 60 days, y at the next regular
Council meeting, an ordinance accepting the annexation is introduced. council shall then accept
or reject the petition for annexation within a period of 120 days after the first reading f
roved a 9 the
ordinance. If approved t the second reading /public hearing, Ordinance 26 -17 will be effective
30 days after passage, and the property will be incorporated into the City f Dublin.
in.
Pre - Annexation Agreement
Pulte Homes is the developer of the property described in the annexation petition.
filing of the annex petition, p o Prior to the
9 annexation Dublin and Pulte entered into a pre - annexation agreement via
Ordinance 28 -16, This pre-annexation g •
p agreement requires Pulte to compensate the City for all
reparations payments due to Jerome Township in the event Dublin fifes a petition for a
adjustment p boundary
] after the annexation is effective, which will result in the annexation area to conform
Frost Brown Todd LLC
000002
Ordinance 26-17 — Accepting the Annexation of 47.366 Acres from Jerome Township
April 20, 2017
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