The City of
Newton Falls

Resolution 01-2017

RESOLUTION  01-2017

A RESOLUTION ADOPTING A STATEMENT INDICATING THE SERVICES THE CITY OF NEWTON FALLS, OHIO, WILL PROVIDE TO THE 440.112 ACRE TERRITORY PROPOSED TO BE ANNEXED FROM NEWTON TOWNSHIP AND BRACEVILLE TOWNSHIP, TRUMBULL COUNTY TO THE CITY OF NEWTON FALLS AND

BUFFER REQUIREMENTS THE MUNICIPALITY WILL REQUIRE AS PROVIDED BY OHIO REVISED CODE SECTION 709.023.

WHEREAS, a petition was filed on December 28, 2016 with the Board of County Commissioners of Trumbull County, Ohio for annexation of approximately 440.112 acres in Newton Township and Braceville Township, Trumbull County to the City of Newton Falls, which was signed by the owners of 100% of the property who are included in the number of owners required to sign a petition seeking to annex their property from Newton Township and Braceville Township to the City of Newton Falls by the expedited process provided for in Ohio Revised Code Section 709.023; and

WHEREAS, notice of the filing and a copy of that petition were received by the city and are on file in the City Clerk’s office; and

WHEREAS, Ohio Revised Code Section 709.023(C) requires that a municipal corporation shall, by ordinance or resolution, adopt a statement indicating what services, if any, the municipal corporation will provide to the territory upon annexation and an approximate date by which it will provide them, which legislation must be adopted and filed with the Trumbull County Commissioners within twenty (20) days after the petition is filed; and

WHEREAS, Ohio Revised Code Section 709.023(C) also requires that a municipal corporation shall, by ordinance or resolution, require buffers separating any new uses in the annexation territory that the municipality determines are clearly incompatible with the uses permitted under current township or county zoning regulations in the adjacent land remaining within the township; and

WHEREAS, the City of Newton Falls supports the proposed annexation and will provide city services to the proposed annexation area upon its annexation to the city as set forth in this Resolution.

THE COUNCIL OF THE CITY OF NEWTON FALLS, STATE OF OHIO, HEREBY RESOLVES:

SECTION I:                Upon annexation to the City of Newton Falls, Ohio of the territory proposed for annexation, the City of Newton Falls will provide to the entire annexed territory the following services:  police, street maintenance, ice and snow removal and storm water utility.  Water and sewer may be available to the territory proposed for annexation at the owner’s expense.  These services will be available and provided when the City of Newton Falls’ ordinance or resolution accepting the annexation becomes final and the annexation becomes effective as provided by law.

SECTION II:              The municipality does not anticipate the use of the property will be incompatible with surrounding properties.  However, if the territory is annexed and becomes subject to the City of Newton Falls zoning and the municipal zoning permits uses in the annexed territory that the city determines are clearly incompatible with the uses permitted under applicable township or county zoning regulations in effect at the time of the filing of the petition on the land adjacent to the annexation territory remaining within Newton Township or Braceville Township, then the Newton Falls City Council will require, in the zoning ordinance permitting the incompatible uses, that the owner of the annexed territory provide a buffer separating the use of the annexed territory and the adjacent land remaining within Newton Township or Braceville Township.  The landscape “buffer” may include open space, landscaping, fences, walls, and other structured elements, streets and street rights-of-way, or bicycle and pedestrian paths and sidewalks.

SECTION III:             The annexation territory includes various rights of way, streets and highways.  To the extent that any street or highway will be divided or segmented by the boundary line between Newton Township or Braceville Township and the City of Newton Falls as to create a maintenance problem, the City of Newton Falls agrees to and shall assume the maintenance of that street or highway or otherwise correct the problem.

SECTION IV:             The Clerk of Council is hereby directed to forward a certified copy of this Resolution to the Board of County Commissioners of Trumbull County, Ohio within twenty (20) days of the date of the filing of the petition.

PASSED IN COUNCIL THIS _____ DAY OF JANUARY, 2017.

____________________________

Mayor Lyle Waddell

ATTEST:  _________________________

Clerk of Council