54-07 ResolutionRECORD OF RESOLUTIONS
Dayton Legal Blank, Inc ,Form No 30045
54-07
Resolution No. Passed , 20.
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A RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO APRE-ANNEXATION
AGREEMENT DESCRIBING THE INTENTIONS OF
THE PARTIES TO ANNEX CERTAIN REAL
PROPERTY LOCATED IN JEROME TOWNSHIP
OWNED BY ROBERT AND ELAINE HORR
WHEREAS, Robert and Elaine Horr ("the Horrs") are the owners of certain real
property located at 8668 Hyland-Croy Road in Jerome Township (the "Property"),
being more fully described in the Agreement attached hereto as "Exhibit A"; and
WHEREAS, the Property is located adjacent to and beyond the present corporate
boundaries of the City of Dublin ("the City"); and
WHEREAS, the Horrs sought annexation of the Property to the City in order to
obtain municipal services to support the Property; and
WHEREAS, the City desires to accept the annexation of the Property.
NOW, THEREFORE, BE IT RESOLVED by the Cou cil of the City of Dublin,
Franklin, Delaware and Union Counties, State of Ohio, of its elected members
concurnng, that:
Section 1. The City Manager is hereby authorized to execute the Pre-Annexation
Agreement attached hereto as Exhibit "A" on behalf of the City stating the intention of
the parties to accept the annexation of certain lands owned by the Horrs.
Section 2. This Resolution shall take effect and be in force from and after the
earliest date permitted by law.
Passed this ~_ day of , 2007.
Mayor -Presiding Officer
ATTEST:
Clerk of Council
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SCHOTTENSTEIN
ZOX&DUNN,
MEMORAND L :~VI
TO: Dublin City Council
Jane S. Brautigam, City Manager
FROM: Stephen J. Smith, Law Director
DATE: August 2, 2007
RE: Resolution 54-07 -Pre-Annexation Agreement
S66S Hyland-Croy Road (The Hon Property}
INTRODUCTION:
Robert and Elaine Horr ("the Horrs'~ are the owners of 1.479f acres of land located on the east side of
Hyland-Croy Road (8668 Hyland-Croy Road) in Jerome Township, ("the Property'. The Property is
not in the City of Dublin ("the City") and does not have public water and sewer service. The Horrs,
through their attorney Michael Close, approached the City with their desire to annex the property to
the City of Dublin in order to obtain municipal services. On Mazch 5, 2007, attorney Michael Close
filed a Majority Owner annexation petition with the Union County Commissioners on behalf of the
Horrs. Before acceptance of the annexation, the City staff, including the Law Director's Office, met
with the Horrs to negotiate aPre-Annexation Agreement ("the Agreement"}.
TERMS OF THE AGREEMENT:
The key terms of the Agreement are as follows:
1. Annexation: The Horrs will petition for annexation and the City will accept the annexation
2. Boundary Adjustment: Since the petition was filed as a Majority Owner annexation, the City,
if desired, may change the underlying township designation from Jerome to Washington for
purposes of providing Washington Township fire and EMS services. The City will file a
petition for a boundazy adjustment which will result in the Property conforYning to the City's
corporate limits. As such, the City will make reparation payments to Jerome Township of a
percentage of the Township taxes that would have been due to the Township if the annexation
had not taken place. In turn, the Horrs will compensate the City for all reparation payments
made to the Township.
3. Council Action: All of the obligations and commitments in the Agreement are subject to
Council approval.
CONCLUSION AND RECOMMENDATION:
The Law Department recommends approval of Resolution No. 54-07 and, upon acceptance of the
Resolution, will forward a copy of the Pre-Annexation Agreement to the City Manager for execution.
Exhibit "A"
PRE-ANNEXATION AGREEMENT
This Pre-Annexation Agreement ("Agreement") is entered into on the day of
2007, by and between Robert and Elaine Horr ("the Horrs") and the City of
Dublin ("Dublin"), an Ohio municipal corporation, whose principal mailing address is 5200
Emerald Parkway, Dublin, Ohio 43017 (referred to collectively as "Parties").
RECITALS
WHEREAS, the Horrs own certain real property located at 8668 Hyland-Croy Road in
Jerome Township (the "Property"), being more fully described in the Franklin County Auditor's
information attached as Exhibit "A" and incorporated herein; and
WHEREAS, the Property is located adjacent to and beyond the present corporate
boundaries of Dublin; and
WHEREAS, the Horrs desire to annex the Property to Dublin in order to obtain
municipal services to support the Property; and
WHEREAS, Dublin desires to annex the Property.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, and intending to be legally bound, the Parties hereby agree as follo~~~s:
1. Annexation: Dublin will accept the annexation of the Property.
2. Boundary Adjustment: It is Dublin's intent to file a petition for a boundary adjustment
after the acceptance of the Property by City Council, which will result in the Property
conforming to Dublin's corporate limits. Such action will practically result in the exclusion of
the Property from Jerome Township's jurisdiction. Pursuant to Ohio Revised Code Section
709.19, Dublin must make reparations to Jerome Township of a percentage of the Township
taxes that would have been due the Township if annexation had not occurred in the amounts as
follows:
Years 1 through 3 80.0%
Years 4 through 5 52.5%
Years 6 through 10 40.0%
Years 11 through 12 27.5%
After year 12 0%
The Horrs hereby agree to compensate Dublin for all reparations payments Dublin is required to
make to Jerome Township. The Horrs will pay any invoice presented to them by Dublin for such
reparations within thirty (30) days of receipt of said invoice.
3. Council Action: The foregoing obligations and commitments by Dublin contained herein
are contingent and shall be effective and enforceable only upon the approval of all necessary
legislation and/or motions by Council and the expiration of all referendum periods applicable
thereto.
4. Amendments: This Agreement may be amended, modified, or changed only by a written
agreement properly executed by Parties.
S. Applicable Law: This Agreement shall be governed by, construed, and interpreted in
accordance with the ordinances and laws of Dublin, the State of Ohio and the United States, in
that order.
6. Waiver. No delay or failure on the part of any party hereto in exercising any right,
power, or privilege under this 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 of any default or any acquiescence therein. No single or partial exercise of
any such right, power, or privilege shall preclude the further exercise of such right, power, or
privilege, or the exercise of any other right, power or privilege.
7. Severability. If any provision in this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable to any extent, such provision shall be enforced
to the greatest extent permitted by law and the remainder of this Agreement and the application
of such provision to other persons or circumstances shall not be affected thereby and shall be
enforced to the greatest extent permitted by law.
8. Entire Agreement. This Agreement constitutes the entire understanding of the parties
hereto with respect to the subject matter hereof and supersedes all prior negotiations, discussions,
undertakings and agreements between the parties. This Agreement may be amended or modified
only by a writing executed by the duly authorized officers of the parties hereto.
IN WITNESS WHEREOF, the undersigned have set their hand to duplicates hereof, on the day
and year first above written.
ROBERT HORR ELAINE HORR
CITY OF DUBLIN
An Ohio Municipal Corporation
By:
Jane S. Brautigam
Its: City Manager
STATE OF OHIO
COUNTY OF S S
Before me a Notary Public personally came Robert Horr, who acknowledged the
foregoing Agreement as his voluntary act and deed.
In Witness whereof I have hereunto subscribed my name and affixed my seal on this
day of , 2007.
Notary Public
STATE OF OHIO
COUNTY OF S S
Before me a Notary Public personally came Elaine Horr, who acknowledged the
foregoing Agreement as her voluntary act and deed.
In Witness whereof I have hereunto subscribed my name and affixed my seal on this
day of , 2007.
Notary Public
STATE OF OHIO
COUNTY OF FRANKLIN: SS
Before me a Notary Public personally came the City of Dublin, an Ohio municipal
corporation, by Jane S. Brautigam, its City 1Vlanager, who acknowledged the foregoing
Agreement as her voluntary act and deed on behalf of the City.
In Witness whereof I have hereunto subscribed my name and affixed my seal on this
day of , 2007.
Notary Public
EXHIBIT A
Union County Auditor's Information