2016-09

RESOLUTION WHEREBY THE CITY OF MARION AGREES TO PROVIDE FIRE PROTECTION, POLICE PROTECTION, STREET MAINTENANCE AND ALL OTHER ORDINARY CITY SERVICES PROVIDED WITHIN THE BOUNDARIES OF THE CITY OF MARION, TO THE PROPOSED TERRITORY FOR ANNEXATION TO THE CITY, LOCATED SOUTH OF THE CITY OF MARION, CONTAINING 8.568 ACRES, AND DECLARING AN EMERGENCY

WHEREAS, on the 3rd day of February, 2016, Mr. Christopher Rinehart filed the application, as the agent, to annex the following described property to the City of Marion, Ohio:

 

See Exhibit “A”

 

WHEREAS, the territory is adjacent and contiguous with the City of Marion, Ohio; and

 

WHEREAS, a Notice of Filing of Petition for Annexation was provided to the Clerk of the Marion City Council on February 3, 2016, as required pursuant to Ohio Revised Code Section 709.023; and

 

WHEREAS, a Notice of Petition for Annexation by Owners of Real Estate, and Time and Place of Hearing was provided to the Clerk of the Marion City Council on February 3, 2016, as required pursuant to Ohio Revised Code Section 709.023; and

 

WHEREAS, the provisions of Ohio Revised Code Section 709.023 (c) requires that the Municipal legislative authority shall, by Ordinance or Resolution, adopt a statement indicating what services, if any, the Municipal Corporation will provide to the territory proposed for annexation upon annexation;

 

BE IT RESOLVED by the Council of the City of Marion, Marion County, Ohio:

 

Section 1.   That the City of Marion will provide to the above described proposed territory for annexation, fire protection, police protection, street maintenance, emergency services, engineering services, sewer, sanitation, and all other ordinary and necessary city services provided within the boundaries of the City of Marion, and such services will be appropriate and sufficient to serve the territory sought to be annexed effectively immediately upon acceptance of the annexation.

 

          Section 2.   That the Council finds that the street known as SR 423 and Barks Road East will not be divided or segmented by the boundary line as to create a road maintenance problem.

 

          Section 3.   That the territory to be annexed becomes subject to the Zoning of the City of Marion, Ohio and that the Marion City Zoning Code does permit the intended use.  The Zoning of the Municipal Corporation shall be designated as C-2 (Community Shopping District) which is not an incompatible use currently permitted under the Marion Township Zoning and no buffer shall be required pursuant to Ohio Revised Code Section 709.23 (C).

 

Section 3.   That City of Marion hereby consents to the proposed annexation filed by Mr. Christopher A. Rinehart for the territory described above and further depicted in the attached Exhibit A.

 

Section 4.   That this resolution is hereby declared to be an emergency measure necessary for the welfare of the City of Marion and the inhabitants thereof and for the further reason that it is necessary for the daily operation of the City; and for further reason that the Ohio Revised Code mandates that the City of Marion shall act within the allotted 20 day time limit; and as such shall take effect and be in force immediately upon its passage and approval by the Mayor, provided it receives the affirmative vote of two-thirds of all members elected to Council; otherwise, it shall become effective from and after the earliest period allowed by law.

   

 

                                                                                                                                                                          _____________________________

Approved:                                             Dr. Scot Gray

                                                            President of Council

 

__________________________

Mayor Scott Schertzer

 

 

Attest:

 

__________________________

Clerk of Council