PATA History Pages

Pre-Annexation Agreement Weiser & City of Pickerington

The Weiser parcel is within the proposed CEDA

In reading the "Agreement" consider-

$100,000.00 in Water and Sewer taps

legal fees to $5,000.00

Road improvements Hill Road, Hill Extendor / Connector

Utilities improvements

Traffic light

Tax Abatement / TIF in Canal School Distict.

Check below to see who pays -

Cost of Development??

PRE-ANNEXATION AGREEMENT

This agreement IS ENTERED INTO, BY AND BETWEEN THE city of Pickerington, Ohio, as Ohio chartered municipal corporation (hereafter “City”), and WEISER DEVELOPMENT, as Ohio general partnership (hereafter “Weiser).

PURPOSE

Weiser owns property that together with other property is contiguous with the boundaries of the City of Pickerington. The property Weiser owns is shown on Exhibit A attached hereto and made a part hereof. *note the map was not included in the request for pre-annexation information. 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 property is strategically located next to a proposed highway interchange and is necessary for the creation of a Pickerington Industrial park. The mutual purposes of both the City and Weiser can be accomplished through the annexation of Weiser’s property to the City. Therefore, in order to gain mutual benefits, the City and Weiser agree as follows:

1. Annexation Petition. The City will prepare and provide to Weiser an annexation petition within seven (7) days of full execution of this Agreement that has been signed by a landowner that will make the Weiser property contiguous to the City. Weiser will sign the annexation petition agreeing to annex Weiser’s property to the Cty following action by Pickerington City Council authorizing the Pickerington City Manager to execute this Agreement. Weiser understands that the petition will be filed with the Fairfield County Commissioners combined with other property owners’ 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. Once this agreement is signed and accepted by the City, Weiser agrees that it will not take its name off the petition and
Weiser will continue to support the annexation to the City through the entire

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annexation process, including any special appeal or court action. Weiser will provide 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. The City agrees that, to the extent that the annexation petition is not withdrawn, it will not take any action that would result in the Weiser property becoming non-contiguous to the City or otherwise make the Weiser property not qualify for annexation. 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 rejects the annexation petition or if the decision of the Fairfield County Board of County Commissioners is appealed by a third party. I the first annexation petition filed by the City including the Weiser property is ultimately defeated either by the Fairfield County Board of County Commissioners or by subsequent court proceedings such that all rights of appeal have been exhausted, the City agrees to make a reasonable attempt to obtain the necessary signatures and to file a second annexation petition including the Weiser property and other third party properties surrounding the Weiser property as necessary to make the Weiser property contiguous to the City. All costs and expenses in prosecuting the second annexation petition will be borne by the City and all terms of this agreement shall continue to apply. If the City fails to meet any of its obligations set forth in this agreement or if the rezoning of the Weiser property is defeated by referendum, the City shall, at the election of Weiser, support and authorize the detachment of the Weiser property from the City pursuant to Section 709.38 of the Ohio Revised Code.

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 provide to the area sought to be annexed, including the property owner by Weiser. The City agrees to provide witnesses for the hearing before the County Commissioners and to provide affidavits in support of its Service Resolution.

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3. Development: It is anticipated by Weiser and the City that Weiser shall submit a development plan to the City for Approval at a future date. The only impact fee Weiser shall be required to pay as result of the development of the Weiser property shall be the park impact fee. Weiser shall not be required to dedicate park land or school sites to the City or to set aside green space or open space in its development plan.

4. Zoning: The real property to be annexed is currently zoned M2 in the township. The City, through its development and planning staff, has reviewed the annexation area and believes that the Weiser property should be rezoned upon annexation to the City in order to allow for commercial development upon annexation to the City. The City therefore agrees to rezone the Weiser property immediately upon annexation to the City to C2-Commercial. The designation of zoning shall be in a separate ordinance passed contemporaneously with the ordinance accepting the annexation.

5. Water and Sewer: The City agrees to reimburse Weiser for the cost of water and sewer capacity tap fees for the development of the Weiser property in an amount not to exceed one hundred thousand dollars ($100,000.00). Should expansion or over-sizing of any sewer or water line be necessary in order to service development on the Weiser property, such expansion or over-sizing shall not be at Weiser’s expense.

6. Infrastructure: The City agrees to construct of reimburse Weiser for the cost of all improvements to Hill Road or Basil Western Road as are required by the City or other government entity to develop the Weiser property. Weiser agrees to donate to the City or other government entity any necessary right-of-way to construct such improvements. Should a traffic light be required at the intersection of Hill Road, the east-west connector roadway provided for in Item 7 below, and the Diley Road access road/ramp to Route 33, the City hall be responsible for the cost of the traffic light if the Weiser is developed without a large facility and the large facility shall be responsible for the cost of the traffic light otherwise.

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7. Roadways: The Hill Road Connector between Busey Road and Basil Western Road is on the City’s Transportation Improvement Plan. The City agrees that if Weiser donates the land for a connecting road between the existing Hill Road and the Hill Road Connector, the City agrees to construct and pay for such an east-west connecting roadway and all water, sewer and drainage extensions along such roadway. The City and Weiser shall cooperate in determining the size and location of such east-west connecting roadway and shall make every attempt to construct the roadway along the existing gas line easement on the Weiser property in order to minimize the loss of developable land on the Weiser property. Construction of said roadway shall commence when necessary to facilitate the development of the Weiser property, such date to be no sooner than December 31, 2003 and no later than December 31, 2011.

8. Storm Water: As to storm water management, the Weiser property shall meet the City of Columbus or MORPC storm water management standards.

9. Tax Abatement: The City agrees to provide, as permitted by Ohio law, the maximum real estate and personal property tax abatement available under Fairfield County Enterprise Zone. To the extent that any of the improvements proposed as part of the development of the Weiser property do not qualify for tax abatement, the City may create a tax increment financing district for such improvements.

10. Miscellaneous:

a.) The City further agrees to reimburse Weiser for any expenses incurred in the preparation and negotiation of this Agreement and for representing Weiser’s interests with regard to the annexation in an amount not to exceed five thousand dollars ($5,000.00).
b.) If the City charter does not prohibit them from approving the annexation petition and the rezoning of the Weiser property by emergency ordinance, then it is understood that the City will approve the annexation petition and the rezoning by emergency ordinance since time is of the essence to developing the City’s economic tax base.

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c.) This Agreement and the rights and obligations of the parties hereunder shall be subject to the terms and conditions hereof and inure to the benefits of and be binding on the respective successors and assigns.
d.) Failure of any party to satisfy its obligations as set forth herein shall render this agreement null and void.
e.) This agreement supersedes any and all prior agreements, arrangements, negotiations or understandings and acknowledgements between the City and Weiser relative to matters contained herein whether oral or written. No amendments, modifications, or alterations of this Agreement shall be valid unless in writing and signed by the parties hereto.
f.) If for any reason any one or more articles, sections, sentences, clauses or parts of this Agreement are held invalid 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, clause or parts of this 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 other instance.
g.) The City agrees that Pickerington City Council shall act within fourteen (14) days of Weiser’s execution of this Agreement to authorize the City Manager to execute this Agreement.
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h.) This Agreement shall be fully assignable by Weiser within written consent of the City, which shall not be unreasonably withheld.


Witnessed: Signed:
Weiser Development
Susan E. Crotty Kevin Weiser
Paula Saunders Partner

Susan E. Crotty Todd Weiser
Paula Saunders Partner


City of Pickerington

Susan Sheikh Joyce E. Bushman
Lynda Yartin City Manager

Date 2-7-01 Per authorization granted in Ordinance #2001-13 passed Feb. 6, 2001