UNION — During a meeting not originally scheduled Monday members of city council unanimously passed a resolution to oppose a 157 acre annexation by the city of Dayton from Butler Twp.
City of Union officials became aware August 10 that Dayton filed a petition with the Montgomery County Commissioners seeking to annex approximately 157.234 acres owned by Dayton adjacent to Dayton International Airport. Union officials said they were not made aware of the petition filing by either Dayton or Montgomery County.
The resolution cites the fact that the airport is not contiguous to the city of Dayton and that the airport was annexed utilizing a special annexation procedure only available to certain international airports provided for in Ohio Revised Code Section 709.19. Union contends that 709.19 provides that the territory of a municipal international airport annexed under the special provision is not considered part of the municipal corporation for the purposes of subsequent annexation unless the board of county commissioners determines that subsequent annexation is necessary to the continued operation of the international airport.
Union contends that the unilateral statement of the city of Dayton that the property is necessary for the continued operation of the airport does not meet the statutory criteria for annexation and is not sufficient for the commissioners’ determination that the subsequent annexation is necessary for the continued operation of the airport pursuant to 709.19.
Resolution 16-10 states, “That the Council hereby opposes and objects to the subsequent annexation of approximately 157.234 acres owned by the City of Dayton to the Dayton International Airport; and that the council directs the Administration to file this resolution with the Montgomery County Board of County Commissioners, to oppose the annexation before the county commissioners and take any and all other necessary legal or other action provided for by law in opposition to the annexation.”
The resolution gives City Manager John Applegate the authority to speak on behalf of council and to take all action necessary to resolve issues related to the annexation.
The Butler Township Trustees consented to Dayton’s annexation earlier this month with one Trustee calling Dayton “a much friendlier neighbor than the City of Union.”
The trustees also expressed concern that if Union annexed the parcel that an existing Joint Economic Development Zone with the City of Dayton could be litigated and potentially eliminated.
Board of Trustees President Mike Lang expressed dismay at Union’s latest move.
“From a substantive standpoint, we will refer to the City of Dayton who initiated the action since it brings into a question of law that doesn’t involve the township,” said Lang. With that said, it’s unfortunate it has to come to this: A fight over undeveloped land versus regional cooperation for the betterment of all involved.”
Applegate was not present at Union’s meeting on Monday due to scheduled time off.
“This resolution to basically oppose the annexation filed by the city of Dayton is an area located south of territory and east of territory that is in the city of Union and between Union Airpark Boulevard and Dog Leg Road,” said Assistant City Manager Denise Winemiller. “Our legal counsel, Catherine Cunningham, feels that there are some compelling reasons that the city (Union) could argue this annexation that has been filed with the Montgomery County Commissioners. This would authorize the city manager to pursue that and to either file legal proceedings or to work out a resolution regarding the matter.”