Explanation
AN13-008
BACKGROUND: This ordinance approves the acceptance of certain territory (AN12-008) by the City and authorizes its transfer from Washington Township to Montgomery Township per an annexation agreement between the City of Columbus and Washington Township. The Ohio Revised Code (ORC) stipulates that for an annexation to be effective, City acceptance must take place a minimum of 60 days (but not more than 180) from the receipt by the City Clerk of the approval notice from the county. Should City Council not take such action within this timeframe, the annexation will not take place. This petition was filed with Franklin County on January 28, 2014. Franklin County approved the annexation on February 11, 2014 and the City Clerk received notice on February 24, 2014. No service ordinance was required because this annexation was filed as a Type 1 application as defined by the Ohio Revised Code. Although not required, a service statement reflecting the City's ability to provide services for this site upon annexation is attached.
The use of a Type 1 annexation application is stipulated in the annexation agreement between the City and Washington Township. The annexation agreement also requires that territory annexed to the City of Columbus from Washington Township be transferred to Montgomery Township. Therefore, this ordinance authorizes the submission of a petition to the Board of County Commissioners of Franklin County, Ohio, requesting that the boundary lines of Montgomery County be changed to make them identical with the corporate limits of the City of Columbus for this annexation. The petition will be filed in accordance with Section 503.07 of the Ohio Revised Code. The subject site is also located within the City's Northwest Pay-As-We-Grow (PAWG) area and if developed will be subject to PWAG funding mechanisms applicable to the area including per- unit contributions, participation in a Community Development Authority and inclusion in a Tax Increment Financing district.
FISCAL IMPACT: Provision of municipal services does represent cost to the City; however, the annexation of land also has the potential to create revenue to the City.
Title
To accept the application (AN13-008) of Tim A. White for the annexation of certain territory and right-of-way containing 14.7 ± acres in Washington Township and to authorize the submission of a petition to the Board of Commissioners of Franklin County, Ohio, requesting a change in the boundary lines of Montgomery Township so as to make the boundary lines of this annexation identical with the corporate boundaries of the City of Columbus.
Body
WHEREAS, a petition for the annexation of certain territory in Washington Township was filed on behalf of Timothy A. White on January 28, 2014; and
WHEREAS, while a service ordinance is not required for this type of annexation, the City did conduct a review of the proposed annexation to determine what services would be available to the site upon annexation, the results of which are reflected in the attached service statement; and
WHEREAS, the proposed annexation site is located within the City's Northwest Pay-As-We-Grow (PAWG) area and is subject to the provisions of this program; and
WHEREAS, the petition was considered and approved by the Franklin County Board of Commissioners at a hearing on February 11, 2014; and
WHEREAS, on February 24, 2014 the City Clerk received from Franklin County a certified copy of the resolution addressing the petition; and
WHEREAS, sixty days have now elapsed since receipt of the resolution in accordance with the provisions of the Ohio Revised Code; and
WHEREAS, it is in the best interest of the City of Columbus to accept the annexation of the territory addressed by the petition; and
WHEREAS, The annexation agreement between Washington Township and the City of Columbus requires the City to transfer territory annexed from Washington Township to the City of Columbus and to conform the boundaries of Montgomery Township to make them identical with the corporate limits of the City; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the annexation proposed by Timothy A. White in a petition filed with the Franklin County Board of Commissioners on January 28, 2014 and subsequently approved by the Board on February 11, 2014 is hereby accepted and said territory is hereby annexed to the city of Columbus. Said territory is described as follows:
Situated in the State of Ohio, County of Franklin, Township of Washington, located in Virginia Military Survey Number 3012, being all of that 9.992 acre tract conveyed to Tim A. White by deed of record in Instrument Number 200312080389502 and that 5.402 acre tract conveyed to Tim A. White by deed of record in Instrument Number 200409140214881 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being more particularly described as follows:
BEGINNING at the southwesterly corner of said 9.992 acre tract, a northwesterly corner of Right-of-Way Parcel 4-WD1 as conveyed to Franklin County Commissioners by deed of record in Instrument Number 200504250076428, being in the northerly right-of-way line of Hayden Run Road (width varies) and an easterly line of that 357.520 acre tract conveyed to New York Central Lines, LLC by deed of record in Instrument Number 200212180325201;
thence Northwesterly, with the westerly line of said 9.992 acre tract, with the easterly line of said 357.520 acre tract, an approximate distance of 649 feet to a point at the northwesterly corner of said 9.992 acre tract, the southwesterly corner of that 23.716 acre tract conveyed to Tim A. White by deed of record in Official Record 13859B07 and being in the existing City of Columbus Corporation line as established by Ordinance Number 1533-02, of record in Instrument Number 200212260331528;
thence Northeasterly, with the northerly line of said 9.992 and 5.402 acre tracts and the City of Columbus Corporation line by Ordinance Number 1533-02, by deed of record in Instrument Number 200212260331528, an approximate distance of 1219 feet to a point at the northeasterly corner of said 5.402 acre tract;
thence Southerly, leaving said City of Columbus Corporation line as established by Ordinance Number 1533-02, of record in Instrument Number 200212260331528, with the easterly line of said 5.402 acre tract, an approximate distance of 603 feet to a point at the southeasterly corner of said 5.402 acre tract, the northeasterly corner of Right-of-Way Parcel 4-WD2 as conveyed to Franklin County Commissioners by deed of record in Instrument Number 200504250076428, being in the northerly right-of-way line of Hayden Run Road (width varies); thence Southwesterly, with the southerly line of said 9.992 and 5.402 acre tracts, with the said northerly right-of-way line of Hayden Run Road, an approximate distance of 918 feet to the POINT OF BEGINNING, and containing 14.7 acre of land, more or less.
SECTION 2. That the City Clerk is hereby authorized and directed to make three copies of this ordinance to each of which shall be attached a copy of the map accompanying the petition for annexation, a copy of the transcript of proceedings of the Board of County Commissioners relating thereto, and a certificate as to the correctness thereof, the City Clerk shall then forthwith deliver one copy to the County Auditor, one copy to the Board of Elections thereof and do such other things as may be required by law.
SECTION 3. That pursuant to the provisions of Section 503.07 of the Ohio Revised Code the Director of the Department of Development be and is hereby authorized and directed on behalf of the City of Columbus to present to the Board of Commissioners of Franklin County, Ohio, a petition requesting such changes in and extensions of the boundary lines of Montgomery Township as may be necessary so that said township may include therein that portion of Washington Township, which by the order of the Board of County Commissioners of Franklin County, Ohio, on February 11, 2014 was approved for annexation to the City of Columbus, so as to make the boundaries 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 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.