Explanation
BACKGROUND: Portions of Plain Township were annexed to Columbus from 2002 to the present using the Expedited Type Two annexation petition process. This process, outlined in the Ohio Revised Code (ORC 709.023), 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) 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." This area is depicted on an attached map and includes all territory south of Walnut Street in Plain Township that is currently in Columbus or becomes part of Columbus through annexation. Twenty-five annexations, totaling about 615 acres have taken place under the Type Two process. Under the terms of the agreement the boundaries of these sites must be conformed. Boundaries for any future annexations in this area must also be conformed.
Boundary conformance to Columbus involves the extension of Montgomery Township's boundaries to incorporate the subject areas. This ordinance seeks authorization to submit a petition to the Board of Franklin County Commissioners to undertake this process for those areas annexed from 2002 to present under the Expedited Type Two process. The petition will be filed in accordance with Section 503.07 of the Ohio Revised Code.
The annexation agreement requires that the City take expeditious steps to conform these areas creating the necessity for emergency legislation in order to allow for submission of the petition as soon as possible.
FISCAL IMPACT: No funding is required for this legislation.
Title
To authorize the submission of 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; and to declare an emergency.
Body
WHEREAS, portions of Plain Township were annexed to Columbus from 2002 to the present using the Expedited Type Two annexation petition process (see attached map); and
WHEREAS, this 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, the same parties have just entered into the first amendment (as authorized on June 15, 2009 by ordinance 0845-009) to said annexation agreement for the purpose of clarifying the geographical extent of the Columbus responsibility to conform boundaries; and
WHEREAS, Columbus boundary conformance requires the extension of Montgomery Township boundaries to match those of the City; and
WHEREAS, such an action requires approval by the Board of Franklin County Commissioners; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Development in that it is immediately necessary to present this petition to the Franklin County Board of Commissioners in compliance with the referenced annexation agreement 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 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 from 2002 to present using the Expedited Type Two 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.
Section 2. That this boundary conformance is permitted by ORC Section 709.023 (H) and is required pursuant to the terms of the existing annexation agreement between Columbus, New Albany and Plain Township.
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.