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File #: 2524-2021    Version: 1
Type: Ordinance Status: Passed
File created: 9/29/2021 In control: Economic Development Committee
On agenda: 10/18/2021 Final action: 10/21/2021
Title: To assent to the detachment from the City of Columbus to Perry Township of certain real property designated as detachment parcels in the Annexation Agreement between the city and Perry Township entered into on August 19, 2020, in the event that the owner of a parcel so identified elects to detach.
Attachments: 1. ORD2524-2021 Detachment Legislation - Eligible Parcels Attachment 091621

Explanation

BACKGROUND: The City of Columbus (“City”) and Perry Township entered into an Annexation Agreement on August 19, 2020 authorized by ordinance 0332-2021 passed July 20, 2020 (the “Agreement”).   The Agreement provides clarity regarding future growth areas for both jurisdictions by identifying Perry Township territory eligible for centralized water and sewer service and resolving issues caused by “overlapping parcels” that lie within both Perry Township and Columbus.  The Agreement resolves overlapping parcels through a combination of detachment and boundary conformance and designates certain parcels, both overlapping parcels and non-overlapping parcels that are adjacent to Perry Township, as eligible for detachment in accordance with the terms of the Agreement should the owner of such parcel elect to detach.  Ohio Revised Code section 709.38 requires the assent of the legislative authority of the municipal corporation from which the territory is being detached in an ordinance passed for that purpose.  The City assents to the detachment of parcels identified in the Agreement as detachment parcels in the event that the owner of a parcel so identified elects to detach, and this legislation memorializes that assent.  The detachment parcels are shown on the attachment to this legislation.  Pursuant to the Agreement, upon detachment Perry Township will not be required to assume any existing indebtedness or make any payments to the City as set forth in Ohio Revised Code section 709.38.

 

FISCAL IMPACT: There is no fiscal impact from the Agreement.

 

Title

To assent to the detachment from the City of Columbus to Perry Township of certain real property designated as detachment parcels in the Annexation Agreement between the city and Perry Township entered into on August 19, 2020, in the event that the owner of a parcel so identified elects to detach.

 

Body

WHEREAS, the City of Columbus and Perry Township are contiguous political subdivisions in Franklin County that, in some cases, have overlapping boundaries; and

 

WHEREAS, the City and Perry Township entered into an Annexation Agreement on August 19, 2020 as authorized by ordinance 0322-2021 passed July 20, 2020 (the “Agreement”); and

 

WHEREAS, the Agreement designates certain parcels lying within both the City and Perry Township, as well as certain parcels within the City and adjacent to Perry Township, that may detach from the City in accordance with the terms of the Agreement; and

 

WHEREAS, pursuant to Ohio Revised Code Section 709.38, this Council desires to assent to the detachment of the overlapping parcels designated as detachment properties in the Agreement in the event that the owner of a parcel so identified elects to detach; and

 

WHEREAS, the parcels designated as detachment parcels in the Agreement are shown on the attachment to this ordinance; and

 

WHEREAS, pursuant to the Agreement, upon detachment Perry Township will not be required to assume any existing indebtedness or make any payments to the City as set forth in Ohio Revised Code section 709.38; and

 

WHEREAS, it has become necessary in the usual daily operation of the City to assent to the detachment of parcels designated as detachment properties in the Agreement in the event that the owner of a property so identified elects to detach; now therefore:

 

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That this Council hereby assents to the detachment of parcels designated as detachment parcels in the Annexation Agreement between the City of Columbus and Perry Township entered into on August 19, 2020 as authorized by ordinance 0332-2021 passed July 20, 2020, which parcels are shown on the attachment to this ordinance, which by reference is made a part hereof, in the event that the owner of a parcel so identified elects to detach.  

SECTION 2.   That this ordinance shall take effect and be in force from and after the earliest period allowed by law.