2016-44

ORDINANCE TO ACCEPT THE PETITION FOR ANNEXATION OF CERTAIN TERRITORY LOCATED SOUTH OF THE CITY OF MARION, CONTAINING 8.568 ACRES, THE PETITION HAVING BEEN APPROVED BY THE COMMISSIONERS FOR THE COUNTY OF MARION and declaring an emergency, as amended (Applicant The Kroger Company)

WHEREAS, a petition for annexation of certain territory in Marion Township was duly filed by Christopher A. Rinehart, as Agent on behalf of the Kroger Company, owners of real estate in the territory;

 

WHEREAS, the petition was duly filed with the Board of County Commissioners of Marion County, Ohio on February 3, 2016; and

 

WHEREAS, the petition was duly considered by the Board of County Commissioners of Marion County, Ohio on March 3, 2016; and

 

WHEREAS, the Board of County Commissioners has approved the annexation of the territory to the City of Marion as hereinafter described; and

 

WHEREAS, the Board of County Commissioners certified the transcript of the proceedings in connection with the annexation with the map, and the petition as required in connection therewith to the Clerk of Council who received the same on March 4, 2016 and

 

WHEREAS, sixty days from the date of the filing have now elapsed in accordance with the provisions of R.C. 709.04, now, therefore,

 

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

 

          Section 1.   That the proposed annexation as applied for in the petition of Christopher A. Rinehart, as Agent on behalf of the Kroger Company, owners of real estate in the territory sought to be annexed and filed with the Board of County Commissioners of Marion County, Ohio on February 3, 2016, and which the petition prayed for annexation to the City of Marion, Ohio, of certain territory adjacent thereto as hereinafter described, and which the petition was approved for annexation to the City of Marion by the Board of County Commissioners on March 4, 2016 be and is hereby accepted. 

 

The territory is described in Exhibit A attached.

 

          The certified transcript of the proceedings for annexation with an accurate map of the territory, together with the petition for its annexation, the amended petition for annexation, and other papers relating to the proceedings thereto of the County Commissioners are all on file with the Clerk of Council and have been for more than sixty days. 

 

Section 2.   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 4.   The Clerk of Council be and she 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 Clerk of Council shall then forthwith deliver one copy to the County Auditor, one copy to the County Recorder and one copy to the Secretary of State and shall file notice of this annexation with the Board of Elections within thirty (30) days after it becomes effective, and the Clerk shall do all other things required by law.

 

          Section 5.  This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, welfare, and safety of the City of Marion and the inhabitants thereof and for further reason that Kroger has the immediate need to break ground as soon as possible; and as such, shall take effect 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.

 

 

 

 

          _______________________

          Dr. Scot Gray

          President of Council

Approved:

                                                                        

 

_________________________

Mayor Scott Schertzer

 

 

Attest:

 

 

_________________________

Clerk of Council