Union objects to Dayton annexations

John Applegate

John Applegate

UNION — City council passed six resolutions Monday night to object to proposed annexations by the City of Dayton to the Dayton International Airport.

Resolution 16-13 objects to the annexation of 33.531 acres; Resolution 16-14 objects to the annexation of 409.972 acres, Resolution 16-15 to the annexation of 9.719 acres, Resolution 16-16 to 7.165 acres, Resolution 16-17 to 6.888 acres and Resolution 16-18 object to the annexation of 5.711 acres.

“We are all aware that we have filed two annexations for property in Butler Township and since then Dayton filed to annex one area that we have already submitted to annex,” said City Manager John Applegate. “As the resolution states, we were the first in and we should be the first be decided. There is a lot of maneuvering going on right now between Dayton, Butler and us. I’m not at liberty to say where that battle stands, but I will be reporting on those items at our October 11 meeting.”

Applegate asked council to pass the six resolutions stating, “It’s all part of the position we are taking that what they have done is illegal. The annexations are not for the operations of the airport and we can’t let them literally just do what they want to do. It affects what we have been planning for 18 years to do there and it’s a discussion that has been ongoing and we will be meeting with them to hopefully resolve it. This is all part of a position that we have to take to be able to defend our plans for the future.”

Union has already filed petitions to annex two of the properties Dayton is also seeking to annex. One is the 33.531 acre parcel and the other is the 409.972 parcel.

At its August 22 meeting 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.

John Applegate
http://aimmedianetwork.com/wp-content/uploads/sites/26/2016/09/web1_Applegate2.jpgJohn Applegate

By Ron Nunnari

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Reach Ron Nunnari at 684-9124, via email [email protected] or on Twitter @Englewood_Ind