Explanation
BACKGROUND: A portion of Norwich Township was annexed to Columbus in 2003 (Ord. 0628-2003) using the Expedited Type Two annexation petition process. This area is part of the Hayden Run Corridor outlined in the City's Pay as We Grow and Grow with a Plan program. The Expedited Type Two process, outlined in the Ohio Revised Code, does not generally allow municipalities to conform the boundaries of newly annexed territory. As a consequence, annexed lands remain in the township even though they have been annexed by the City - thereby having a "dual" status with respect to such things as tax obligations and elections. An exception to the boundary conformance prohibition is permitted (ORC 709.023(H)) if an annexation agreement between the municipality and township addresses the matter.
Residents of the area in question reside within both the City and the Township, thus paying taxes to both jurisdictions. Prior conversations between the City and Washington Township led to an agreement to conform boundaries for their portion of the Hayden Run Corridor, thereby eliminating their "dual" status areas and the associated tax implications. Columbus therefore offered to Norwich Township the opportunity to do the same for its adjacent Hayden Run property. Norwich Township Trustees decided to support conformance of this area, with the primary difference being that the agreement and conformance are limited to the area annexed through ordinance 0628-2003. The agreement will not apply to other previous annexations or to future annexations.
An annexation agreement has been drafted by both parties. This legislation authorizes the Director of the Department of Development to enter into an Annexation Agreement with the Norwich Township Trustees. This legislation further authorizes the Director of the Department of Development to submit a petition to the Board of Franklin County Commissioners to undertake boundary conformance for the portion of Norwich Township annexed in 2003 through ordinance 0628-2003. Boundary conformance to Columbus involves the extension of Montgomery Township's boundaries to incorporate the subject areas. This petition will be filed in accordance with Section 503.07 of the Ohio Revised Code.
FISCAL IMPACT: No funding is required for this legislation.
Title
To authorize the Director of the Development Department to enter into an Annexation Agreement with the Trustees of Norwich Township and upon execution of the agreement submit a petition to the Board of County Commissioners of Franklin County requesting a change in the boundary lines of Montgomery Township so as to make the boundary lines identical, with the corporate limits of the city of Columbus in certain portions of Norwich Township pursuant to the Annexation Agreement; and to declare an emergency.
Body
WHEREAS, a portion of Norwich Townships in the Hayden Run Corridor was annexed to Columbus in 2003 (Ord. 0628-2003) using the Expedited Type Two annexation petition process; and
WHEREAS, this process does not generally allow municipalities to conform the boundaries of newly annexed territory, resulting in annexed territory having a "dual" status of being within both the City and Township; and
WHEREAS, prior conversations between the City and Washington Township led to an agreement to conform boundaries for their portion of the Hayden Run Corridor, thereby eliminating their "dual" status areas and the associated tax implications, and
WHEREAS, when Columbus reached agreement with Washington Township to conform boundaries, it offered to Norwich Township the opportunity to do the same for its adjacent Hayden Run property, and
WHEREAS, both the City of Columbus and the Trustees of Norwich Township have determined that it is in the best interest of their respective residents, citizens and taxpayers to enter into an Annexation Agreement requiring the removal of subject annexed land from Norwich Township, and
WHEREAS, an exception to the conformance prohibition is permitted under ORC 709.023(H) if an annexation agreement between the municipality and township addresses the matter; and
WHEREAS, Columbus boundary conformance requires the extension of Montgomery Township boundaries to match those of the City with such action requiring approval by the Board of Franklin County Commissioners; and
WHEREAS, for the reasons stated above, an emergency exists in the usual daily operation of the Department of Development in that it is immediately necessary to enter into this Annexation agreement all for the preservation of the public peace, property, health safety and welfare; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department of Development is hereby authorized to enter into an Annexation Agreement with the Trustees of Norwich Township that allows and requires the conforming of boundaries.
Section 2. That upon execution of said Annexation Agreement and pursuant to the provisions of ORC Section 503.07, the Director of Development is hereby authorized and directed on behalf of the city of Columbus to present to the Board of Franklin County Commissioners a petition requesting such changes to the boundary lines of Montgomery Township so that said township may include that portion of Norwich Township annexed to Columbus in 2003 through ordinance 0628-2003 and approved by the Board of Franklin County Commissioners using the Expedited Type Two process so as to make the boundary lines of Montgomery Township co-extensive with the corporate limits of the said city of Columbus in accordance with the maps attached to said petition.
Section 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.