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18-09 OrdinanceRECORD OF ORDINANCES Dayton Leval Blank, lnc. 18-09 Ordinance No. Passed . 20 AN ORDINANCE PETITIONING THE BOARD OF COUNTY COMMISSIONERS OF FRANKLIN COUNTY, OHIO TO ADJUST THE BOUNDARY LINES OF PERRY TOWNSHIP SO AS TO EXCLUDE THAT TERRITORY WHICH, AS A RESULT OF ANNEXATION, NOW LIES WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF DUBLIN, AND DECLARING AN EMERGENCY. WHEREAS, Dublin City Council, pursuant to previous recommendations ofthe 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 October 7, 2008, the Franklin County Commissioners approved the annexation petition of 1.25+/- Acres in Perry Township, filed as a Regular Annexation Petition by Michael L. Close, agent for petitioner BVH Associates, 6924 Riverside Drive, Dublin, Ohio; 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 Dubliiz v. Delaware Cou~ity Board of Comnzissio~:ers, 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, THEM.EFORE, 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 petition 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 Peny 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 of Dubliiz v. Delaware Cou~zty Board of Con:~nissio~ters, 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." b2 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 majority 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 Ordinance No. 18-09 Passed Page 2 20 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 , 2009. Mayor -Presiding Officer Attest: ..~ Clerk of Co~mcil ~SCHOTTENSTEIN ZOX& DU N Nco,~P,, MEMORANDUM TO: Dublin City Council Terry D. Foegler, City Manager FROM: Stephen J. Smith, Law Director DATE: April 2, 2009 RE: Ordinance No. 18-09 Boundary Adjustment Legislation (BVH Associates, LLC) INTRODUCTION: BVH Associates, LLC ("Petitioner") is the owner of 1.25 acres, more or less, of land located at 6924 Riverside Drive, Dublin, Ohio 43017 in Perry Township ("Property"). This is the current location of a veterinary clinic. The Petitioner's attorney/agent Michael Close approached the City with the Petitioner's desire to annex into the City of Dublin ("City"). The City was receptive, and the "regular annexation" petition procedure as set forth under the Ohio Revised Code was enacted by Petitioner and Mr. Close. Per the Ohio Revised Code, City Council passed Resolution 63-08 which set forth the services that the City would be able to provide to the Petitioner upon annexation. This Resolution 63-08 was forwarded to the Franklin County Commissioners, and on October 8, 2008, the Franklin County Commissioners held a public hearing and approved the Petitioner's annexation petition by Resolution 0849-08. City Council thereafter accepted the annexation with passage of Ordinance O 1-09 on February 17, 2009. Prior to consideration of Resolution 63-08, the Petition and the City negotiated aPre-Annexation Agreement which set forth reparations for the costs associated with removing the Property from Perry Township. The Pre-Annexation Agreement also included terms regarding water and sewer services, new right-of--way dedication, landscaping, signs, and lot combination. The City and Washington Township have along-standing relationship for provision of public services, including police, fire and EMS protection. Thus, the City has a policy of ensuring that all City territory is part of Washington Township. The Law Department now requests the authority to petition the Franklin County Commissioners for a township boundary adjustment in order to remove the Property from Perry Township and place it into Washington Township. BOUNDARY ADJUSTMENT PETITION: Should Council approve Ordinance 18-09, the Law Department will file a petition with the Franklin County Commissioners to adjust the boundaries of the Property in order to place the Property in Washington Township. Memo re Ordinance 18-09 -Township Boundary Adjustment April 2, 2009 Page 2 of 2 Ohio Revised Code ("R.C.") Section 503.07, as well as State, ex rel. City of Dublin v. Delaware County Board of Commissioners, 62 Ohio St.3d 55, 577 N.E.2d 1088 (1991), provides the City with the authority to file the petition, and the Franklin County Commissioners to approve the petition. RECOMMENDATION: The Law Department recommends a motion to dispense with the public hearing and approve Ordinance 18-09 by emergency action on April 6, 2009. rl~r[~` ,ry/,~v ~ ~1y~r~~w t--~ ~~~~~ ANNEXATfON 2740 East IVlain Street PLAT & DECRIPCION Bexley, Ohio 43209-2577 ACCEPTABLE 614 235-8677 DEAN C. RINGLE, P.E., P.S. ( ) FRANKLIN COUNTY ENGINEZ<ti October 18, 2007 Telefax 235-4539 ,2, .Email: info@myerssurveying.com By ~ '/ Daze .1 lS~Ug Approximately 1.25 Acres iocated is Perry Township, Franklin County, Ohio, to be Annexed to the City of Dublin, Ohio Situated in the State of Ohio, County of Franklin, Township of Perry, in Quarter To~mship 2, Township 2, Range 19 United States Military Lands and being a part of the Original 1.820 Acre tract as conveyed to BVH Associates LLC in Instrument Number 1 4971 00801 1 4699, Tracts I & IL Recorder's Office; Franklin County, Ohio and being more particularly described as follows: Beginning at the intersection of the north Right of Way of Tuller Road with the east Right of Way of Riverside Drive (State Route #257}, at the northwest comer of the City of Dublin 0.365 Acre tract (Official Record Volume 19406 D-03} and at an angle point in an existing City of Dublin Corporation Line, as established by Ordinance Number 79-03, of record in Instrument Number 200309220301334, said Recorder's Office; Thence, northerly, across said Original 1.820 Acre tract, along the east Right of Way of said Riverside Drive and along said Corporation Line (Ordinance Number 79- 03), approximately 141 feet; to the intersection of said line with the north line of said Original 1.820 Acre tract, at ari angle point in said Corporation Line (Ordinance Number 79-03} and in an existing City of Dublin Corporation Line; as established by Ordinance Number 14-b5, of record in Miscellaneous Record 138, Page 617; Thence; easterly, along the northerly line of said Original 1.820 Acre tract and along said Corporation Line (Ordinance Number 14-65), approximately 381 feet, to the northeast comer of said Original 1.820 Acre tract and being an angle point in said Corporation Line (Ordinance Number 14-65); Thence, southerly, along the east Line of said Original 1.820 Acre tract and along said Corporation Line (Ordinance Number 14-65), approximately 140 feet, to the north Right of Way of said Tu11er Road, the northeast comer of said 0365 Acre tract and an angle point in said Corporation Line (Ordinance Number 79-03); Thence, westerly, along the north Right of Way of said Tu11er Road, said Corporation Line (Ordinance Number 79-03) and along the north line of said 0365 Acre tract, approximately 396 feet, to the place of beginning CONTAINING APPRO~ATELY 1-25 ACRES. TAE FOREGOING DESCRIPTION VVAS PREPARED FROM RECORDS ONLY AND IS TO BE USED'FOR ANNEXATION PURPOSES ONLX. ( ~?a ~'0 ~'~ lT~ p~ y ~ '~; r~ 100' 75' S0' 25' 0' S0 i00' Approximately 1.25 Acres located in 1 Perry Township, Franklin County, Ohio, ,S I ~~ ~~~/; u ~ ~ J ~ to be annexed to the City of Dublin, Ohio. Scale 1" = 50' 2007 t b 18 O ), o er , o f Gl~ SOE ~ Pi.AI'd DFi6'R@110N I ~I 1 ~~ Ro t ~~ ~ k i• l ~ DEAN~LE.Lt£. PS. FRANRIJN OOUMT FdiCWEER / I~~^ a ~ gy ~J '> pmel ~15~cO r'*d. ti Vicinity dfep ' ~y Twnw faNr lP s` ~ so % / / '"""' -,-•••.---._...~.~+381' Ord ro9o.0ai 65 ~ orat'oq °Oef tmboazn ~~ /// / ~ ~~~ %~ ~/ / % ,,,,,~.. Esc rec. 138, Py 617 / ~ ~ // % w ry ^ /i/ '~i % %j /~j /~/~i//%~%j/ /// ~%~ q ~ ~' ~r• / // /// j~ ~~ / / / / i~ / / ~/// // / //' / 1%iw fmiY V Pv<aIm-rae]q ~/ / j/ / C~/ /~ j%/~ / ¢ ~ /, ~ rr QCI ~E ~/ ~ / ~ ~ ~ ~ //:/ /j .~~ j, I/~/ / /+i~ij / ~~(1 ~ti G.! i ~~~~~~ ' //~ I ~ ~/ / ~j/ // / ~ ~ lx / .r /, . i j nic eViTYi=o 6/ / / ~ 0'82N~1f/ %/~ / nn~~ O / / /;~//:~j%ji~ j/~//% j /~~~ ~Ymca T,! O4 ~%/~~%j ~'Fi Point o1 Be9inniny 3gg ....~..____:. ~ /// . . \_ Ci(y o/ -~-~----.__ O.Rq 1990 D-03 Ore, No, O79;° Corporation; '~--_. a r 03, b]st. No. 2 0070 _-~ o 9 2 2070 1339 ---' _ / Tulla r Road 4}' CI EKStirq R/W WI RECEIVED r~ ~'~ r,¢ -___ MM /i]]tAM1]w _ rw w~ uc (n vs.n .z]~-ocxaa ~u~' 1 4 2008 Le end g rrankiin County Engineer Dean C. Ringle, P.E.,PS. ~~~ Arco to C< AMe%eJ thg City of DuEii /; j:,,,?:i;':" ,.7/ Exi Corprcotim Lnas % OANANT 2T40 Eost Mafn street (6t4) 235 - 669] = = " e<zlay, Ohb 43209-26YT inro6myer¢surveyiug.com ,rw.p-mrmnm> 3r00J200]a<i x -car