PATA History Pages

Viola Park (120) acres at R4 Ordinance PLUS Pre-Annexation Deal

Is it any wonder why City Council Scrapped the Referendum??

The proposed Viola Park development is located South of the High School along Pickerington Road to the West. It is North and South of the Power Lines

Ordinance for the Pre-Annexation of Viola Park from Violet Township to the City of Pickerington.

Ordinance #2000-128 Passed November 21, 2000

AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A PRE-ANNEXATION AGREEMENT WITH VIOLA PARK, LTD. AND THE DECLARATION OF AN EMERGENCY

Whereas, the City has been approached by Viola Park, Ltd. relative to annexing land it controls on the borders of the City between Hill Road and Lockville Road; and,

Whereas, in order to complete the terms of the agreement within the stipulated thirty-day period this measure must be passed as an emergency measure;

NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PICKERINGTON, FAIRFIELD-FRANKLIN COUNTIES, OHIO, THREE FOURTH’S (3/4’S) OF IT’S MEMBERS CONCURRING:

Section 1: That the City Manager is hereby authorized to enter into a
Pre-annexation Agreement with Viola Park, Ltd. A copy of such agreement shall be attached hereto and incorporated herein.

Section 2: For the reasons noted in the preamble, this ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, health, saftey, or welfare of the citizens of Pickerington, Ohio. This ordinance shall become effective upon its passage by Council and approval by the Mayor.

**** This annexation petition was filed with the Fairfield County Commissioners on 3/26/2001. No hearing date has been set, as yet. Should the annexation petition be approved by the Commissioners, City Council would then decide on acceptance of the annexation during a subsequent Council Meeting. ****

PRE-ANNEXATION AGREEMENT

This agreement is entered into, by and between the CITY OF PICKERINGTON, Ohio, and Ohio chartered municipal corporation (hereinafter “City”), and VIOLA PARK, LTD. an Ohio Limited Liability Company, by its members, JERRY SOLOVE, CRISS FIGGE, and JERRY OLDS, of its nominee (hereinafter “Viola Park”).

PURPOSE

Viola Park owns or controls, by contract, property which together with other property is contiguous with the boundaries of the City of Pickerington. The property Viola Park controls or owns is shown on Exhibit A attached hereto and made a part hereof. The property would benefit from certain City services, including police, economic development assistance, and street maintenance. The City can offer such municipal services to the area if the area is annexed to the City. The mutual purposes of both the City and Viola Park can be accomplished through the annexation of Viola Park’s property to the City. Therefore, in order to gain mutual benefits, the City and Viola Park agree as follows:
1. Annexation Petition. The City will prepare and provide to Viola Park an annexation petition within forty-five (45) days of full execution of this Agreement that has been sign by a landowner which will make the Viola Park property contiguous to the City. Viola Park will sign or will cause the underlying owner to sign he annexation petition agreeing to annex Viola Park’s controlled or owner property to the City. Viola Park understands that the petition will be filed with the Fairfield County Commissioners combined with other property owner’s property and filed as a joint annexation petition. The City agrees that all costs and expenses in prosecuting the annexation will be borne by the City. Should Viola Park desire its own attorney to represent its interests with regard to the annexation petition, those costs will be borne by Viola Park. Once this agreement is signed and accepted by the City, Viola Park agrees that it will not take its name off the petition or cause the underlying owners to take their name off the petition, and Viola Park and the underlying owners of the property will continue to support the annexation to the City through the entire annexation process, including any appeal or court action. The City agrees it will not take any action that would result in the Viola Park property becoming non-contiguous to the City or otherwise make the Viola Park property not qualify or annexation. Viola Park or the underlying owners will provide affidavits to the City for presentation to the Fairfield County Board of County Commissioners in support of annexation, if necessary, and will testify at the request of the City regarding the merits of the annexation. Similarly, the City agrees to support the annexation petition through the entire annexation process and agrees to pursue any appeal of the annexation petition at its sole cost if the Fairfield County Board of County Commissioners of Fairfield County rejects the annexation petition. The parties agree that if more than two (2) years elapse from the filing of the annexation petition, either party, at its sole option, may withdraw from the annexation if the annexation is not completed and if there are appeals still pending. Notwithstanding the foregoing, the City agrees that if, in connection with the rezoning of the real property controlled by Viola Park as set forth in Section 5 below, a referendum defeats the rezoning, or if the aforesaid two (2) years elapse from the filing of the annexation is not completed and there are appeals still pending and either party withdraws from the annexation, the City will cooperate and agree by ordinance to consent to an R.C. 704.38 procedure at the request of Viola Park. The City will then diligently and in a workman like manner purse the procedure to completion in cooperation with Viola Park.

2. Service Resolution. Pursuant to R.C. 709.031(B), the City agrees to enact the City Service Resolution setting out the services that will be provided to the area sought to be annexed, including the property owned or controlled by Viola Park, a copy which is attached hereto as Exhibit B. The City agrees to provide witness for the hearing before the County Commissioners and to provide affidavits in support of its Service Resolution. The Service Resolution will not include Water and Sewer service the provision for which is described in section 3 immediately hereinbelow.

3. Water and Sewer. Viola Park has secured from Fairfield County (County) a letter dated October 12,2000, a copy of which is attached hereto as exhibit “B”, wherein the County commits to provide water and sewer for the subject Property. A final engineering plan describing the Water and Sewer service connections shall be prepared by Viola Park within three (3) months of completion of the annexation and will be submitted to the County. Upon approval of the County Engineer a copy of the plan will be given to the City for its information. As regards the City, Viola Park shall be solely responsible for all costs of construction of the Sanitary Sewer and Water Lines. It is a condition of Viola Park that the water and sewer be provided by the County. Viola Park will build on-site water and sewer improvements per the specifications of the County. Upon competition of the construction of the water and sewer improvements to such specifications, the lines shall be accepted by the County, and thereafter the County shall be responsible for the maintenance and repair of such lines.

4. Storm Water. As to storm water, the property will meet the Storm Water Management Ordinances and Rules of the City of Pickerington and any other regulatory agency which has authority to review storm water disposal. If Viola park’s storm water plan meets the above, the City agrees Viola Park may use the creek located on the real property under Viola Park’s control to discharge storm water from such real property.

5. Zoning. The real property to be annexed is currently zoned in the Township. The City, through its development and planning staff, has reviewed the annexation area and believes the real property should be zoned residential upon annexation to the City. The City therefore agrees to rezone the real property following annexation to the City to the City of Pickerington “R-4” zoning category.

6. Miscellaneous

(a) This agreement and the rights and obligations of the parties hereunder shall be subject to the terms and conditions hereof and inure the benefit of and be binding on the respective successors and assigns.
(b) Failure of any party to satisfy its obligations as set forth herein shall render the Agreement null and void.
(c) This Agreement supersedes any an all prior agreements, arrangements, negotiations or understandings and acknowledgements between the City and Viola Park of the underlying owners or any related party, relative to matters contained herein whether oral or written. No amendments, modification or alteration of this Agreement shall be valid unless in writing and signed by the parties hereto.
(d) If for any reason any one or more articles, sections, sentences, clauses or parts of this Agreement are held invalid by any court by any court of law or duly authorized public body, such determination shall not affect, impair, or invalidate the remaining provisions of this Agreement but shall be confined in its operation to the specific articles, sections, sentences, clauses or part of the Agreement held invalid and the invalidity of any article, section, sentence, clause or part of the Agreement in any one or more instance shall not prejudice in any way the validity of the Agreement in any one or more instance shall not prejudice in any way the validity of the Agreement in any other instance.
(e) The City agrees that Council shall act within thirty (30) days of Viola Park’s execution of the of the Agreement to authorize the City Manager to execute this Agreement Should Council fail to authorize the City Manager to execute this Agreement within thirty (30) days of Viola Park’s execution of this Agreement, this Agreement shall become null and void and thereafter neither party shall have any further liability of obligation hereunder.
(f) If Pickerington’s charter does not prohibit them from approving the annexation petition by emergency ordinance than it is understood that the City Council will approve the Annexation petition by emergency ordinance.

Signed:

Chris Figge 10-30-00
Jerome Solove 10-30-00
Jerry Olds 10-30-00

Joyce Bushman 11/21/00