29-08 OrdinanceRECORD OF ORDINANCES
29-OS
Ordinance No. Passed
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AN ORDINANCE PETITIONING THE BOARD OF COUNTY
COMMISSIONERS OF UNION COUNTY, OHIO FOR A
CHANGE OF TOWNSHIP LINES OF JEROME 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 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 January 7, 2008 the Union County Commissioners approved the
annexation petition of 8.5 acres, more or less, in Jerome Township, filed as a Regular
Annexation Petition by Michael L. Close, agent for petitioners Daniel. and Melissa
Lorenz, 9341 Jerome Road, Dublin, Ohio 43017; 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; 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 Jerome
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 concumng:
Section 1. That the City of Dublin, Ohio, an Ohio Municipal Corporation, hereby
petition the Board of County Commissioners of Union County, Ohio, for a change of
township lines of Jerome Township to remove the 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 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 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. 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 Union County, Ohio.
Section 3. That the City Law Director be, and hereby is, authorized and directed to
RECORD OF ORDINANCES
~„c.
Ordi~zance No.
29-08
r~,~,,, No.;oo~~
Passed Page 2.20
present a certified copy of this Ordinance and a certified copy of the minutes of this meet-
ing 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. 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 / 7/~ day of , 2008.
Mayor -Presiding Officer
Attest:
SCHOTTENSTEIN
ZOX&DUNN««.,
MEMORANDUM
TO: Dublin City Council
Jane S. Brautigam, City Manag ~<b
FROM: Stephen J. Smith, Law Director
DATE: May 15, 2008
RE: Ordinance Nos. 29-08 and 30-08 Boundary Adjustment Petitions
(The Lorenz Property)
INTRODUCTION:
Daniel E. and Melissa A. Lorenz ("the Petitioners") are the owners of 8.St acres of land located
on the southwest side of Jerome Road (9341 Jerome Road) in Jerome Township, ("the
Property"). The Lorenz's, through their attorney Michael Close, approached the City with their
desire to annex the property to the City in order to obtain municipal services. On October 16,
2007, attorney Michael Close filed a Majority Owner annexation petition with the Union County
Commissioners on behalf of the Petitioners, which was ultimately approved by the
Commissioners. Prior to acceptance of the annexation, the City staff, including the Law
Department, negotiated aPre-Annexation Agreement. The Pre-Annexation Agreement was
approved by City Council on April 7, 2008 (Resolution 11-08) and City Council accepted the
annexation on April 7, 2008 (Ordinance 14-08). The Law Department now requests the authority
to petition the Union County Commissioners and the Franklin County Commissioners for a
township boundary adjustment in order to remove the Lorenz Property from Jerome Township
and place it into Washington Township.
BOUNDARY ADJUSTMENT PETITION:
The City has a policy of ensuring that all City territory is part of Washington Township. This
policy is based on the fact that the City and Washington Township have along-standing
relationship for provision of public services, including police, fire and EMS protection.
Therefore, after annexation of a parcel in Jerome or Concord Township, the City, through the
Law Department, files a petition with the applicable Board of County Commissioners ("Board")
to adjust the township boundaries in order to place the annexed parcel in Washington Township.
Ohio Revised Code ("R.C.") Section 503.07 provides the authority for the City to file the petition
and the County Commissioners to approve the petition. A boundary adjustment petition must be
submitted to each Board of County Commissioners whose counties will be affected when the
boundary adjustment crosses county lines.
In order to file such a boundary adjustment petition, a vote of the majority of the members of
Council to petition the Board for a change of township lines is necessary. The Board, upon
Memo re Boundazy Adjustments -Lorenz Property
May 15, 2008
Page 2 of 2
presentation of such petition, with the proceedings of the City Council authenticated, at a regular
or adjourned session, shall change the boundaries of the township.
The Lorenz property annexation was effective on May 7, 2008. The City can proceed to petition
the Franklin County Commissioners and the Union County Commissioners for a change in
township boundary lines pursuant to R.C. §503.07. The Law Department will file the petition
after passage of Ordinances 29-08 and 30-08.
CONCLUSION AND RECOMMENDATION:
The Law Department recommends a motion to dispense with the public hearing and approve by
emergency action Ordinance Nos. 29-08 and 30-08 at the May 19 Council meeting.
2740 East Main Street
Bexley, Ohio 43209-2577
(614) 235-8677
Telefax 235-4559
September l0, 2007
Description of Approximately 8.5 Acres
Located in Jerome Township, Union County, Ohio
To Be Annexed [o the City of Dublin, Ottio.
Situated in the State of Ohio, County of Union, Township of Jerome, in Virginia Military
Survey No. 3014, part of the Daniel E. & Melissa A. Lorenz Original 8.6899 Acre (7.6559 Acre
u~act remaining) and 1.034 Acre tracts as conveyed in Official Record 23, Page 505 and OlFcial
Record 4Q, Page 215, respectively, Recorder's Office, Union County, Ohio (all references made
are of said Recorder's Office, unless otherwise noted) and being more particularly described as
follows:
Beginning at the intersection of the southerly line of said Original 8.6899 Acre tract with
the southerly right-of--way of Jerome Road, also being a southeasterly comet of [!te existing City
of Dublin Corporation 1-ine (Ordinance Number 67-05; Official Record 657, Page 224);
Thence, southwesterly, along the southerly line of said Original 8.6899 Acre [tact, along
a northerly line of Reserve "D" (City of Dublin), Roma Drive (50 feet wide) and Reserve "C"
(City of Dublin) of'farian West Section I Part 1 (Plat Book 5, Page 132-134) and along an
existing City of Dublin Corporation Line (Ordinance Number 23-02; Officia{ Record 359, Page
81 t), approximately 1,508 feet to the southwest corner of said Original 8.6899 Acre tract, a
southwesterly comer of said Reserve "C'", the northeast corner of Lot I t 2 (John R. & Kathryn
Hmtbert) and the southeast corner of Lot 11 I (Thomas R. & Chlois Pletcher) of Tartan West
Section 4 Part 1 (Plat Book 5, Page 140-(43);
Thence, northwesterly, along the westerly (ine of said Original 8.6899 Acre tract, the east
(ine of said Lot 1 t 1, Lot (10 (Edward Y. & Lisa L. Cltoung) part of the east line of Lot t 09
(David K. & Sheila L. Jones) of said Tartan West Section 4 Part I and continuing along said City
of Dublin Corporation Line (Ordinance Number 21-02), approximately 366 feet to the northwest
comer of said Original 8.6899 Acre tract and the southwest comer of the Pietro and Ida lacobucci
12.2572 Acre tract;
Thence, northeasterly, along the northerly line of said Original 8.6899 Acre tract, the
northerly line of said 1.034 Acre tract and a southerly litre of said 12.2572 Acre tract,
approximately f,240 feet to the southerly right-of--way of said Jerome Road and in said City of
Dublin Corporation Line (Ordinance Number 67-OS);
Thence, southeasterly, along the southerly right-of -way of said Jerome Road and said
City of Dublin Corporatiot Line (Ordinance Number 67-OS), approximately 268 feet to the place
of beginning CONTAINING APPROXIMATELY 8.5 ACRES, consisting of part of said 8.6899
Acre tract known as parcel number t 70015028000 & map/gis number 1370000020001 and part
of said 1.034 Acre tract known as parcel number 170015028100 & map/gis number
1370000020000.
THE FOREGOING DESCRIPTION WAS PREPARED FROM RECORDS ONLY,
AND IS TO BE USED FOR ANNEXATION PURPOSES ONLY.
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