David J. Tarbert, Law Director ORDINANCE NO. 18-55 AN ORDINANCE ENACTING SECTION 514.02 OF THE CODIFIED ORDINANCES RELATING TO THE ILLEGAL USE OR POSSESSION OF MARIJUANA DRUG PARAPHERNALIA WHEREAS, Sections 514.01 of the Codified Ordinances of Zanesville pertains to the illegal use or possession of drug paraphernalia; and WHEREAS, the Oh io Revised Code was modified to enact a specific provision with regard to marijuana drug paraphernalia; and WHEREAS, it has become necessary to enact Section 514.02 of the Codifi ed Ordinances of Zanesville, to align City and State laws regarding the matters set forth herein; and that NOW TH ERE FORE, BE IT ORDAINED by the Council of the City of Zanesville, State of Ohio; SECTION ONE: Section 514.02 of the Codified Ordinances of the City of Zanesville is hereby enacted and shall read as follows: 514.02 lliegal Use or Possession of Marijuana Drug Paraphernalia (A) As used in this section, "drug paraphernalia" has the same meaning as in section 2925.14 of the Revised Code. (B) In determining if any equipment, product, or material is drug paraphernalia, a court or law enforcement officer shall consider, in addition to other relevant factors, allfactors identified in division (B) of section 2925.14 of the Revised Code. (C) No person shall knowingly use, or possess with purpose to use, any drug paraphernalia that is equipment, a product, or material of any kind that is used by the person, intended by the person for use, or designed for use in storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marihuana. (D) This section does not apply to any person identified in division (D)(1) of section 2925.14 of the Revised Code, and it shall not be construed to prohibit the possession or use of a hypodermic as authorized by section 3719.172 of the Revised Code. (E) Division (E) of section 2925.14 of the Revised Code applies with respect to any drug paraphernalia that was used or possessed in violation of this section. (F) Whoever violates division (C) of this section is guilty of illegal use or possession of marihuana drug paraphernalia, a minor misdemeanor. (G) (1) In addition to any other sanction imposed upon an offender for a violation of this section, the court may suspend for not more than five years the offender's driver's or commercial driver's license or permit. However, if the offender pleaded guilty to or was
Ordinance No. 1 8-55 convicted of a violation of section 4511.19 of the Revised Code or a substantially similar municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender's driver's or commercial driver's license or permit for not more than five years. If the offender is a professionally licensed person, in addition to any other sanction imposed for a violation of this section, the court immediately shall comply with section 2925.38 of the Revised Code. (2) Any offender who received a mandatory suspension of the offender's driver's or commercial driver's license or permit under this section prior to the effective date of this amendment may file a motion with the sentencing court requesting the termination of the suspension. However, an offender who pleaded guilty to or was convicted of a violation of section 4511.19 of the Revised Code or a substantially similar municipal ordinance or law of another state or the United States that arose out of the same set of circumstances as the violation for which the offender's license or permit was suspended under this section shall not file such a motion. Upon the filing of a motion under division (G)(2) of this section, the sentencing court, in its discretion, may terminate the suspension. (ORC 2925.11) SECTION TWO : This Ordinance shall take effect and be in force from and after the earliest period allowed by law. PASSED: ~, 2 0 18 ATTEST: SUSAN CULBERTSON Clerk of Council DANIEL M. VI NCENT President of Council APPROVED: ~. 2018 JEFF TILTON Mayor This Legislation Approved As To Form: '~ E
Public Service Committee Andrew Roberts, Chair ORDINANCE NO. 18-56 INTRODUCED BY COUNCIL AN ORDINANCE AUTHORIZING THE PUBLIC SERVICE DIRECTOR TO EXECUTE TWO ANNEXATION AGREEMENTS WITH FALLS TOWNSHIP AND DECLARING AN EMERGENCY. WHEREAS, the City of Zanesville previously entered into a Pre-Annexation Agreement with Sonoma Properties, Ltd., property owner of Muskingum County Parcel Nos. 17-75-04-31-000 and 17-15-04-32-000; and with Marlene Moore, property owner of Muskingum County Parcel Nos. 17-76-02-15-001 and 17-76-02-15-003; and WHEREAS, the City must now enter into an Annexation Agreement with Falls Township for the above described parcels as part of the Expedited Type II Annexation process; and WHEREAS, Falls Township recently executed the Annexation Agreements; and WHEREAS, due to the nature of the Expedited Type II Annexation agreement, the Muskingum County Commissioners cannot take final action on the annexations until both parties have executed the agreements; and WHEREAS, in order to provide the property owners' assurance of the completion of the process, thereby preventing the withdrawal of their petition for annexation, it is imperative the City move forward quickly in executing the agreements with the Township; and WHEREAS, failure to complete the annexation process would result in the City of Zanesville losing additional needed population, which aids in access to project grants and additional revenue base for city operations. Therefore, it is in the public's best interest this Ordinance be passed as an emergency. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Zanesville, State of Ohio, that: SECTION ONE: The Public Service/Community Development Director is hereby authorized to execute an Annexation Agreement, attached as "Exhibit A", with Falls Township for Sonoma Properties, Ltd., property owner of Muskingum County Parcel No. 17-75-04-31-000 and Muskingum County Parcel No. 17-15-04-32-000. SECTION TWO: The Public Service/Community Development Director is hereby authorized to execute an Annexation Agreement, attached as "Exhibit B", with Falls Township for Marlene Moore for Muskingum County Parcel No. 17-76-02-15-001 and Muskingum County Parcel No. 17-76-02-15- 003. SECTION THREE: For the reasons stated above, this Ordinance is hereby declared to be an emergency measure. Provided it receives the affirmative vote of six (6) or more members of Council elected thereto, it shall take effect and be in force immediately upon its passage and approval of the Mayor. Otherwise, it shall take effect and be in force from and after the earliest period allowed by law.
Ordinance No. 1 8-56 PASSED:, 2018 ATIEST: Susan Culbertson, Clerk of Council DANIEL M. VINCENT, President of Council APPROVED:, 2018 THIS LEGISLATION APPROVED AS TO FORM JEFF TILTON, Mayor
Agreement One to Ordinance No. 18-56 ANNEXA non AGREEMENT This Annexation Agreement ("Agreement") is entered into on or as of, 2018, by and between the City of Zanesville ("Zanesville"), a municipal corporation in the State of Ohio, whose principal mailing address is 401 Market Street, Zanesville, Ohio 43701, and Falls Township, a township organized under the laws of the State of Ohio, whose principal address is 3105 Dillon Falls Road, Zanesville, Ohio 43701 ("Falls Township") (referred to collectively as "Parties"). RECITALS WHEREAS, Zanesville has accepted the Expedited Type II Annexation of certain newly annexed real property located within the boundaries of Falls Township southwest of the intersection of Taylor Street and Carmen Dri ve in Zanesville, Ohio, and which is more particularly described and depicted in Exhibit A attached hereto and incorporated herein by reference ("the Property"); WHEREAS, under an Expedited Type II Annexation, real property that is annexed to a municipal corporation from a township is not to be excluded from the township under Ohio Revised Code Section 503.07, absent an annexation agreement to the contrary that is executed by both the municipality and the township; NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound, the Parties hereby agree as follows: 1. Annexation Agreement: This Agreement shall constitute an annexation agreement under Ohio Revised Code Section 709.192 to exclude the Property from Falls Township. 2. Boundary Adjustment: Notwithstanding the prohibitions contained herein related to the annexation of property to the City, the City agrees that it shall not conform the boundaries of the City to include the Property pursuant to Ohio Revised Code 503.07, and any related or subsequent code section related thereto. - - 3. Property Taxesl Road Maintenance: The parties acknowledge and agree that property taxes levied on the Property shall be distributed to the Township or other lawful recipient with no portion going to the City. In exchange, the Township agrees to continue all street maintenance and improvements of the portion of Carmen Drive associated with this annexation agreement. 4. Legislative Action: The obligations and commitments by the Parties contained herein are contingent and shall be effective and enforceable only upon the approval of all necessary legislation and/or motions by the appropriate legislative authorities and the expiration of all referendum periods applicable thereto. 5. Amendments: This Agreement may be amended, modified, or changed only by a writing executed by the duly authorized officers of all the Parties hereto.
Page Two to Agreement One to Ordinance No. 18-56 7. Waiver. No delay or failure on the part of any party hereto in exercising any right, power, or pri vilege under this Agreement or under any other instnlments gi ven in connection with or pursuant to this Agreement shall impair any such right, po wer, or pri vi lege or be construed as a wai ver of any default or any acquiescence therein. No single or partial exercise of any such right, power, or privilege shall preclude the further exercise of such right, power, or privilege, or the exercise of any other right, power or privilege. 8. Severability. 11' any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable to any extent, such provision shall be enforced to the greatest extent permitted by law and the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. 9. Entire Agreement. This Agreement constitutes the entire understanding of the Parties hereto with respect to the subject matter hereof and supersedes all prior negotiations, discussions, undertakings and agreements between the Parties. 10. Captions. The captions contained in this Agreement are included only for convenience of reference and do not define, limit, explain or modify this Agreement or its interpretation, construction or meaning and are in no way to be construed as a part of this Agreement. rn TESTIMONY WHEREOF, the undersigned have set thei r hands to duplicates hereof, on the day and year first above written. CITY OF ZAl"'ESVILLE By: Its: Jay D. Bennett Public Service/Community Development Director FALLS TOWNSHIP
Ordinance No. 18-56 Exhibit A ~ARCEL ONE: Situated in the Township of Falls, County of Muskingum and State of Ohio: Being located In Quarter Township 4, Township 1, Range 8, United States Military Lands and containing 2.886 acres of land, more or less. said 2.886 acres being all of that 2.5 acre tract of land described In deed to KATHIE HEIGHTS HOMES, INCORPORATED of record in Deed Book 732, Page 6, (all references to Deed Books or Plat Books in this description refer to the records of the Recorder's Office, Muskingum County, Ohio), said 2.886 acres being more particularly described as follows: Beginning at an iron pin found In the Easterly right-of-way line of Carmen Drive at the Northwesterly corner of Lot No. 29, said Lot and Drive being shown for record on the recorded plat of KATHIE HEIGHTS of record in Plat Book 8, Page 7, said iron pin being the Southwesterly corner of the tract of land herein described; thence North 18'49'00" West, with the Easterly right-of-way line of said Carmen Drive (said Carmen Drive being shown for record on the recorded plat of ADAMS WOODSIDE, of record In Plat Book 8, Page 77), a distance of 137.02 feet to the paint of curvature; thence Northwardly, with the Easterly right-ai-way line 01 said Carmen Drive, the same being an arc of a curve to the right having a radius 01448.78 leet, a central angle of 19'04'31", the chord of which bears North 09'16'44.5" West, a chord distance of 148.72 feet to the point of tangency; thence North 00'15'31" East, with the Easterly right-of-way line of said carmen Drive, a distance of 15.14 feet to a point in the Southerly line of a 15.00 foot wide alley [said 15.00 foot alley being shown for record on the recorded plat of GARDNER'S SUBDIVISION of record in Plat Book 8, Page 8); thence South 89'56'29" East, with the Southerly side of said 15.00 foot wide alley a distance of 433.45 feet to the Northwesterly corner of a 2.87 acre tract of land described in a deed to DAVID M. MURRAY of record in Deed Book 578, Page 280; thence South 10'01'00" East, with the Westerly line of said 2.87 acre tract, a distance of 291.01 feet to a point in the Northerly line of Lot No. 42 (said lot being shown for record on the recorded plat of KATHIE HEIGHTS NO.2 of record In Plat Book 8, Page 67); thence South 89'22'00" West, with the Northerly line of said KATHIE HEIGHTS AND KATHIE HEIGHTS NO. 2, a distance of 415.98 feet to the point of beginning and containing 2_886 acres of land, more or less. Subject to all easements, restrictions and rights-of-way of previous record, if any. NOTE: Bearings used in the above description are for the determination of angles only. For the purposes of this survey a beafing of South B9'22'00" West was assumed on the Northerly boundary line of KATHIE HEIGHTS SUBDIVISION. All other bearings were calculated from this line. Parcel #: 17-75-04-32-000 PARCEL TWO: Situated in the Township of Falls, County of Muskingum and State of Ohio: Being known as Lots Two (2), Three (3) and Four (4) of Adams WoodSide Subdivision of Falls Township as set forth at Plat Volume 8, Page 77, (approximately 1.614 acres of land, more or less) Parcel #: 17-75-04-31-000