Pickerington Area Taxpayers Alliance

Read the next move by the city council, mayor and manager to continue to serve their constituents, the BIA. ''WE (the city council) may not be able to keep it off the ballot, but damn we can beat those damn voters no matter what!''
FROM THIS WEEK IN PICKERINGTON: Article by Micheal Maurer

Pickerington Law Director Bob Mapes said the effect of any moratorium initiative may depend on whether a community authority is approved before the initiative is voted on.

''If the community authority is in place before (the initiative moratorium) comes in, there is case law that you cannot use the initiative process to change a contract,'' he said.

Mapes said an initiative in the city of Cleveland opposing the construction of Jacobs Field was thrown out because contracts had already been entered into when the initiative passed.

''You cannot use an initiative to defeat the validity of a contract,'' Mapes said.

The Building Industry Association has been expected to propose a community authority this month, prior to the Aug. 1 effective date of the moratorium ordinance.


By tired of the same old _ _ _ _

?§ 349.05 Restrictions on power


My impression is there is a lot of room for interpretation.

Here's a section from the Chapter in the ORC that deals with Community Authorities:

?§ 349.05 Restrictions on power of authority.

Text of Statute

A new community authority established pursuant to this chapter is a body corporate and politic, and shall have the powers specifically granted by this chapter. This chapter does not limit or restrict the power and authority of cities, counties, and townships. The new community authority shall have no power or authority over zoning or subdivision regulation, provision of fire or police protection, or, unless such services cannot be obtained from other existing political subdivisions, water supply or sewage treatment and disposal.

The exercise of police power granted to the authority by this chapter does not invalidate the exercise of police power by any municipal corporation and the exercise of police power by a municipal corporation shall prevail in the case of a conflict with powers exercised by the authority. The grant of power to the authority under divisions (N) and (O) of section 349.06 of the Revised Code shall not remove municipal, regional, or county planning commissions and agencies from jurisdiction within the district, nor shall such powers invalidate municipal ordinances and resolutions or other regulations of such planning commission and agencies.

?§ 349.06 Powers of authority.

Text of Statute

In furtherance of the purposes of this chapter, a new community authority may:

(I) Make and enter into all contracts and agreements and execute all instruments relating to a new community development program, including contracts with the developer and other persons or entities related thereto for land acquisition and land development; acquisition, construction, and maintenance of community facilities; the provision of community services and management and coordinating services; with federal, state, interstate, regional, and local agencies and political subdivisions or combinations thereof in connection with the financing of such program, and with any municipal corporation or other public body, or combination thereof, providing for the acquisition, construction, improvement, extension, maintenance or operation of joint lands or facilities or for the provision of any services or activities relating to and in furtherance of a new community development program, including the creation of or participation in a regional transit authority created pursuant to the Revised Code;

Here's the link for the ORC - just go to chapter 349.

Link

http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm

Select ORC & search for chapter 349

Developer Drive-Thru

Thank you for your order of 600 building permits and a community authority. Please drive to the next department for your zoning variances.

Would you like a traffic light with that?

Hurry now, while we are still able to subvert the will of the people!

Offer ends in November!

By Joyce McDeveloper