Pickerington Area Taxpayers Alliance

draft Community Authority- Hart5

I In order to provide for the District, the implementation of the Community Authority's New
. Community Development Program, and the establishment and payment of the Community
Development Charge, this Declaration is for the purpose of creating covenants running with the
land pursuant to which all persons now or hereafter having any right, title or interest in the
Property or any part thereof; including their respective heirs, personal and legal representatives
and their successors and assigns, shall acquire and hold such right, title or interest subject to the
. . Restrictions, including, but not limited to, the obligation of an Owner of each Chargeable Parcel to
pay the Community Development Charge applicable thereto. The Restrictions and this
Declaration are imposed for the benefit of the New Community District and the Community
Authority.
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ARTICLE II
DEFINITIONS
,
In addition to the tenns defined elsewhere in this Declaration, as used in this Declaration
including the preambles, unless the context otherwise requires, the following words shall mean
respectively:
2.01. Additional Property. ''Additional Property'' means such other real estate in the
vicinity of the I nitial Property a s may be subjected to this Declaration pursuant to Article I II
hereof.
2.02. Assessed Valuation.
(a) ''Assessed Valuation'' means, as to any Chargeable Parcel with respect to
any year's budget for which the Community Development Charge is being
collected, an amount equal to the assessed valuation thereof (including the
buildings, structures and improvements thereon) listed on the tax duplicate
of the Auditor of Fairfield County, Ohio, for the preceding year and
disregarding any reductions pursuant to any applicable law for the purpose
of reducing real estate taxes for certain persons in the State of Ohio
(including but not limited to reductions for persons 65 years of age or older
pursuant to Section 2 of Article XII, Ohio Constitution, as the same may be
amended from time to time) except the reductions described in Section 5.05.
If by reason of any change of law, rate, or common level of assessment the
assessed valuation for purposes of the tax duplicate is to be detennined as an
amount which is less or more than thirty-five percent of true value of the
real property assessed, then ''Assessed Valuation'' shall mean the assessed
valuation shown on the duplicate adjusted to equal thirty-five percent of fair
market value. If the assessed valuation listed on the tax duplicate of the
Auditor of Fairfield County, Ohio, for the preceding year does not reflect
the completed value of a single family residence on a Parcel and a building
pennit for a single family residence has been issued by an governmental
authority for that Parcel, then, solely at the Board's discretion, ''Assessed
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Valuation'' shall mean the cost of the single family residence or I condominium unit stated on the building permit.
::;'~;'~ (b) If the Auditor of Fairfield County, Ohio, and any other official authorized by
~ ~t~~1 Ohio law to assess real estate in Fairfield County shall ever cease to assess , ~~,~~? real estate 0 r i fan a ssessed valuation has not yet been listed 0 n the tax
J$J~ duplicate of the Auditor of Fairfield County, Ohio, for the preceding year for
:;~~~ a Parcel, ''Assessed Valuation'' shall mean, as to any Chargeable Parcel for C'''', . ,!;'':; each year thereafter, the Assessed Valuation determined by the Board in its
tj.~: sole and absolute discretion by such criteria as the Board may establish from ,!C.
~{;::; time to time subject to any applicable adjustments to be made under
, :~E~;~4:;': subsection (a) of this Section.
'''',.,. .,
(c) If any Chargeable Parcel is not separately listed on the Auditor's tax
duplicate with respect to any year, ''Assessed Valuation'' shall be
determined by the Board equitably apportioning to such Chargeable Parcel a
portion of the Assessed Valuation of the Parcel or Parcels from which such
Chargeable Parcel was subdivided or created.
2.03. Board. ''Board'' means the Board of Trustees of the Community Authority.
2.04. Chapter 349. ''Chapter 349'' means Chapter 349 of the Ohio Revised Code.
2.05. Char2eable Parcel. ''Chargeable Parcel'' means any Parcel of Chargeable
Property, including all buildings, structures and improvements thereon.
2.06. Char2eable ProDertv. ''Chargeable Property'' means the Property together with
all buildings, structures and improvements thereon, with the exception of the following:
(a) All lands, buildings, structures and improvements of the United States of
America, the State of Ohio, the Community Authority and all other political
subdivisions or governmental instrumentalities of the State of Ohio; and
(b) All lands, buildings, structures and improvements exempt from real estate
taxation under Ohio law provided that such exemption from the Community
Development Charge has been determined by the Board to be consistent
with the purposes and needs of the Community Authority and not
inconsistent with any commitments made with respect to any obligations of
the Community Authority.
(c) All parcels on which no residential structure (including condominiums) has
been constructed and for which a certificate of occupancy has not been
issued. However, for any parcel on which only condominiums are to be
constructed, only that portion of the parcel corresponding to the ratio
between the percentage of condominium units for which a certificate of
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,.'O);~'' occupancy has been issued and the final number of condominium units to be .. -:.'',; , ~;~'',; I constructed on the parcel shall be deemed to be Chargeable Property.
'~ffi?£~
::7~~ 2.07. Community Authority. ''Community Authority'' means The City ofPickerington
.', ~j Community Authority, a body corporate and politic established or to be established for the District
, pursuant to Chapter 349.
2.08. Community Development Char2e. ''Community Development Charge'' means .' . . the charge established in Articles IV and V, including all applicable penalties and interest
pertaining to any unpaid amount.
2.09. Community Facilities.
''Community Facilities'' means:
(i) the acquisition, construction, improvement, equippipg and operation of
educational facilities located at the Sycamore Creek site provided through the City for use by the
School District and/or another site (or site~) located within the City, and includes but is not limited
to, schools, classrooms, other educational structures and facilities, and educational materials and
equipment, parks, all related appurtenances, and land and operation and maintenance expenses, all
related to or necessary for any of the foregoing purposes and all of which shall be for and as
detennined by the School District Board of Education (''Educational Facilities''), which may be
attended by City and non-City residents; and
(ii) the acquisition, construction, improvement or maintenance of community
streets, including providing pedestrian sidewalks as an alternative to busing to the Educational
Facilities.
All Community Facilities shall be consistent with the Petition for Organization of New
Community Authority relating to the District (''Petition'') and the City planning documents and
other materials referenced therein as the same may be subsequently amended or supplemented
from time to time.
2.10. Declaration. ''Declaration'' means this Declaration of The City of Pickerington
Community Authority Covenants and Restrictions made , 2003, as the same may
from time, to time be amended or supplemented in the manner prescribed in Articles III or LX.
2.11. Development Period. ''Development Period'' means the period commencing on
the date on which this Declaration is Recorded and ending on the date all members of the Board are
scheduled to be elected citizen members pursuant to Section 349.04 of the Ohio Revised Code as it
exists on the date hereof.
2.12. District. ''District'' or ''New Community District'' means The City of Pickering ton
Community District created pursuant to Chapter 349.
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i~~~ 2.13. Fiscal Meetin2. ''Fiscal Meeting'' means the annual meeting of the Board
; f~j I described in Article VI.
f!!~! ~:;:r-~ . 2.14. Initial PrODertv. ''Initial Property'' means the real estate located in Fairfield
~it~c County, Ohio as more particularly described in Exhibit A attached hereto and incorporated herein '''''''''
'' ,:4; by reference.
~,:
2.15. Late Payment Rate. ''Late Payment Rate'' means the federal short tenn ''rate'' . detennined pursuant to Section 5703 .47(A) of the Ohio Revised Code, rounded to the nearest
whole number percent, plus three percent.
2.16. Owner. ''Owner'' means, with respect to any Parcel, the owner of record from time
to time, whether one or more persons or entities, of an interest in: (i) fee simple; (ii) reversion;
(iii) remainder; or (iv) leasehold estate of 75 years or more, but shall not include the Community
Authority.
. 2.17. ~. ''Parcel'' means any part of the Property.
2.18. Place of Business. ''Place of Business'' means any location on the Property on or
in which an Owner or Tenant (including any subsidiary or other entity controlled directly or
indirectly by such Owner or Tenant) is conducting a professional, commercial or industrial activity
or any other activity permitted by law and conducted for profit or by a nonprofit organization. A
contractor who is an Owner or Tenant shall have a Place of Business at each of his construction or
work sites on the Property. Each landlord of any Parcel or any part thereof or interest therein,
including each sublandlord and each assignee of such landlord or sublandlord, shall have a Place
of Business at the Parcel.
, 2.19. Place of Residence. ''Place of Residence'' means the place on the Property in :;~.~,
i which a person's habitation is fixed, and to which, whenever he is absent, he has the intention of ~z~
returning. A person shall not be considered to have lost his Place of Residence by leaving it
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temporarily with the intention of returning.
2.20. Private DeveloDer. ''Private Developer'' means anyone of the individuals,
companies, partnerships or d/b/a's as owners or controlling-interest holders of the Property that
have collectively signed this Agreement and their successors in interest. ''Private Developer''
means all of the individuals, companies, partnerships or d/b/a's or other entities who have signed
this Agreement considered ''collectively''. A person or entity shall be deemed a successor in
interest of the Private Developer only i f specifically so designated in ad uly recorded written
instrument as a successor or assign of the Private Developer under this Declaration and/or under a
supplemental Declaration and shall be deemed a successor in interest of the Private Developer
only as to the particular rights or interests of the Private Developers under this Declaration or
under such supplemental Declaration which are specifically designated in the recorded written
instrument.
2.21 ProDertv. ''Property'' means collectively, the Initial Property and any Additional
Property.
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