Explanation
AN12-007
BACKGROUND: This ordinance approves the acceptance of certain territory (AN12-007) by the City and authorizes its transfer from Plain Township to Montgomery Township per an annexation agreement between the City of Columbus and Plain Township. The Ohio Revised Code 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 May 21, 2012. Franklin County approved the annexation on June 5, 2012 and the City Clerk received notice on June 13, 2012. 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 Type 1 annexations applications is stipulated in the annexation agreement between the City and Plain Township. The annexation agreement also requires that territory annexed to the City of Columbus from Plain 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 Northeast 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 (AN12-007) of Mary A. Adkins and Michael W. Adkins for the annexation of certain territory containing 2.8 ± acres in Plain 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.
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WHEREAS, a petition for the annexation of certain territory in Plain Township was duly filed by Jill Tangeman, Esq., on behalf of Mary A. Adkins and Michael W. Adkins, May 21, 2012; 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 Northeast Pay-As-We-Grow (PAWG) area and, if developed, will be subject to PAWG funding mechanisms applicable to the area including per-unit contributions, participation in a Community Development Authority and inclusion in a Tax Increment Financing district; and
WHEREAS, the applicants attorney has been notified that an application to rezone the site for residential development will require the applicant, at the time of filing, to enter into a Memorandum of Understanding with the City outlining the specific aspects of the obligation of the property owner, or its successors, to participate in the PAWG funding arrangement; and
WHEREAS, the petition was considered and approved by the Franklin County Board of Commissioners at a hearing on June 5, 2012; and
WHEREAS, on June 13, 2012, the City Clerk received from Franklin County a certified copy of the resolution addressing the petition; and
WHEREAS, sixty days from the date of said filing have now elapsed 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 sought to be annexed by the aforesaid petition; and
WHEREAS, the annexation agreement between Plain Township and the City of Columbus requires the City to transfer territory annexed from Plain Township to the City 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 Mary A. and Michael W. Adkins, in a petition filed with the Franklin County Board of Commissioners on May 21, 2012 and subsequently approved by the Board on June 5, 2012 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 Plain, Quarter Township 3, Township 2, Range 16, United States Military District, and being part of that 2.869 acre tract conveyed to Michael W. Adkins and Mary A. Adkins of record in Instrument Number 200009130185146 (A.P.N. 220-000637), and described as follows:
Beginning in the west line of said Adkins tract and in the south right-of-way line for Warner Road, said south right-of-way line being an existing City of Columbus Corporation Line (Case No. 60-03, Ord. No. 432-04, I.N. 200407190166446);
Thence Easterly, across said Adkins tract and along said south right-of-way line (20 feet southerly from the centerline of Warner Road), the same being said corporation line, about 250 feet to the east line of said Adkins tract, in an existing City of Columbus Corporation Line (Case No. 10-11, Ord. No. 1226-2011, I.N. 201112010156269);
Thence Southerly, along said Adkins east line, the same being said existing City of Columbus Corporation Line (Case No. 10-11, Ord. No. 1226-2011, I.N. 201112010156269), about 480 feet to the southeast corner of said Adkins tract, in an existing City of Columbus Corporation Line (Case No. 01-97, Ord. No. 1388-97, I.N. 199710070113511);
Thence Westerly, along the south line of said Adkins tract, the same being said existing City of Columbus Corporation Line (Case No. 01-97, Ord. No. 1388-97, I.N. 199710070113511), about 250 feet to the southwest corner of said Adkins tract, in an existing City of Columbus Corporation Line (Case No. 08-04, Ord. No. 0979-04, I.N. 200408250198994);
Thence Northerly, along the west line of said Adkins tract, the same being said existing City of Columbus Corporation Line (Case No. 08-04, Ord. No. 979-04, I.N. 200408250198994), about 480 feet to the Point of Beginning. Containing approximately 2.8 acres of land, more or less. The above description was written by John C. Dodgion, P.S. 8069 on January 16, 2012. A drawing of the above description has been prepared and is a part hereof.
The total length of the annexation perimeter is about 1460 feet, of which about 1460 feet are contiguous with existing City of Columbus Corporation Lines, being 100% contiguous. This annexation does not create any islands of township property.
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 Plain Township, which by the order of the Board of County Commissioners of Franklin County, Ohio, on June 5, 2012 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.