Explanation
BACKGROUND: Portions of Plain Township were annexed to Columbus in 2009 using the Type One annexation petition process. This process, outlined in the Ohio Revised Code (ORC 709.021 & ORC 709.022), does not generally allow municipalities to conform the boundaries of the 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. The City of Columbus, Village of New Albany, and Plain Township entered into an annexation agreement in early 2008 (authorized by ordinance 2262-2006). The agreement stipulates that pursuant to the Ohio Revised Code (ORC 503), Columbus shall conform the boundaries of any annexed township lands within twelve (12) months following the City's acceptance. The subject area, depicted on an attachment A "City Growth Zone West," generally includes all territory south of Walnut Street in Plain Township that is currently in Columbus or becomes part of Columbus through annexation. The City recently accepted two annexations, totaling + twelve (12) acres (Ordinance #'s 1419-2009 and 1718-2009) filed using the Type One annexation process. Under the terms of the agreement, the boundaries of these sites must be conformed.
Boundary conformance to Columbus involves the extension of Montgomery Township's boundaries to incorporate the subject areas. This ordinance seeks authorization for the Director of Development to submit a petition to the Board of Franklin County Commissioners to undertake this process for those areas annexed during 2009 under the 2008 annexation agreement. The 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 Development to submit a petition to the Board of County Commissioners of Franklin County, Ohio, 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 the certain portions of Plain Township pursuant to the Annexation Agreement between the City of Columbus, Plain Township and New Albany.
Body
WHEREAS, two annexations were accepted by Columbus in Plain Township in late 2009 and early 2010 (Ordinance #'s 1419-2009 and 1718-2009) using the Type One annexation petition process (see attachments B and C); and
WHEREAS, the Type One annexation process does not generally allow municipalities to conform the boundaries of the newly annexed territory, resulting in annexed territory having a "dual" status of being with both the city and 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, the City of Columbus, Village of New Albany and Plain Township entered into an annexation agreement in early 2008 which stipulates that Columbus will conform the boundaries of any township areas annexed after October 26, 2001 in the area designated as "City Growth Zone West;" and
WHEREAS, under the terms of the 2008 agreement, the City must conform the boundaries of subsequent annexations within 12 months following its acceptance of the parcels; and
WHEREAS, the referenced annexations are within the designated City Growth Zone West; and
WHEREAS, Columbus boundary conformance requires the extension of Montgomery Township boundaries to match those of the City (see attachment D); and
WHEREAS, such an action requires approval by the Board of Franklin County Commissioners; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That 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 Plain Township which has, by order of the Board of Franklin County Commissioners, been annexed to the City of Columbus in 2009 using the Type One annexation 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. This boundary conformance is permitted by ORC Section 709.023 (H) and is required pursuant to the terms of an existing annexation agreement between the City of Columbus, Village of New Albany and Plain Township.
Section 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.