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
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Approximately 1.25 Acres located in 1
Perry Township, Franklin County, Ohio,
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