PATA History Pages

VIOLET CANAL CEDA TEXT, read it and prepare your questions

CEDA text is 23 pages long.

The location of the CEDA meeting is changed, please click on the homepage of this site to view the new location. The entire CEDA text is posted. In order to do this I had to scan my copy and convert it into a postable document, which involves the use of Optical Character Reader software. Sometimes typos occur with this software in the conversion process, I attempted to correct these as I posted the document and to clean up the formatting so it is readable on the site. I did the best I could but I may have missed some converted mispelled words. A complete copy is available to anyone at the Violet Township Office, or just call them and they would be happy to mail it to you promptly. thank you, the webmaster, Lisa. Page mumbers are at the bottom of each page for your reference.

VIOLET TOWNSHIP-VILLAGE OF CANAL WINCHESTER COOPERATIVE ECONOMIC DEVELOPMENT AGREEMENT

This Agreement is entered into this__________ day of_____________
2000, by and between THE BOARD OF TRUSTEES OF VIOLET TOWNSHIP, a duly established and operating township under the laws of the State of Ohio
hereinafter "TOWNSHIP"), and THE VILLAGE OF CANAL WINCHESTER, an Ohio municipal corporation (hereinafter- "VILLAGE").

WHEREAS, the TOWNSHIP and VILLAGE are political subdivisions located entirely within the State of Ohio, and the TOWNSHIP and VILLAGE are contiguous and overlapping political subdivisions located within Fairfield County, Ohio; and

WHEREAS, the TOWNSHIP and VILLAGE wish to cooperate in creating and preserving jobs and employment opportunities, and to cooperate in inducing and fostering economic development within the State of Ohio, and more particularly within the territories to which this Agreement pertains; and
1


WHEREAS, the parties hereto wish to accomplish the purpose of extending the VILLAGE municipal powers useful to stimulate economic development (among other municipal powers) to portions of the territories to which this Agreement pertains and the parties hereto recognize that such an extension of municipal powers will operate to the mutual benefit of the TOWNSHIP, VILLAGE and COUNTY, and to those. businesses and residents who choose to locate within the territories to which this Agreement pertains; and

WHEREAS, the TOWNSHIP and VILLAGE wish to cooperate in
improving and advancing the welfare of the citizens of Fairfield County residing
within the territories to which this Agreement pertains, including, but not limited to, economic development and uniform planning standards; and

WHEREAS, the TOWNSHIP and VILLAGE wish to cooperate in facilitating development within the territory of the TOWNSHIP while also preserving
the geographic integrity of the TOWNSHIP, to the extent consistent
with the wishes of the TOWNSHIP'S landowners; and


WHEREAS, the TOWNSHIP and VILLAGE in pursuing the above- mentioned public purposes, intend to avail themselves of all powers available under the Constitution of the State of Ohio, of the laws adopted by the Ohio General Assembly, as well as all municipal powers available to the VILLAGE under its municipal charter, including, but not limited to Section 13 of Article VIII and all sections of Article XVIII of the Ohio Constitution and Sections 307-15, 307.74, and 701.07, and Chapters 6103 and 6117 of the Ohio Revised Code; and

WHEREAS, the parties hereto recognize that new economic development within the territories to which this Agreement pertains will result, in increasing the real property and personal property tax bases for the TOWNSHIP; thereby furthering the economic welfare of the people of the COUNTY and TOWNSHIP as well as the VILLAGE, and will facilitate the provision of quality
education in Fairfield County; thereby enhancing the availability of appropriately skilled individuals for employment by employers within the TOWNSHIP, VILLAGE and COUNTY, and consequently furthering the creation and preservation job and employment opportunities within the TOWNSMP, VILLAGE and COUNTY; and

WHEREAS, the parties hereto each wish to extend full and good faith cooperation to each other in accomplishing the foregoing objectives and, recognizing that certain of the public improvements described in this Agreement will require funding, further, which the parties hereto recognize will benefit all of their respective residents and businesses and will operate to preserve and protect the public health, safety and welfare of the citizens of the TOWNSHIP, VILLAGE and COUNTY; and

WHEREAS, the Board of Township Trustees of the TOWNSHIP has passed Resolution No. passed on_________2000,and the Village Council of the VILLAGE has enacted Ordinance No. 5 passed on _____________ 2000, which authorize the respective parties to enter into this Agreement, all in accordance with Section 701.07 of the Ohio Revised Code.

NOW, THEREFORE, the parties hereto agree as follows:

2


ARTICLE I - DESIGNATION OF TERRITORIES

Section 1. This Agreement is applicable to the following area located within the boundaries of the TOWNSHIP:

The territory described and outlined by crosshatching in
EXHIBT A, attached hereto and incorporated herein by this reference, is hereinafter referred to as "Area I ". Area I is bounded on the west by the Fairfield/Franklin County Line; on the east by the limits of the Canal Winchester School District; on the north by Busey Road, and on the South by U. S. Route 33.

Section 2. The above territory may be altered by mutual agreement
of the TOWNSHIP and VILLAGE, but only by means of appropriate legislation
authorizing such alteration approved by the legislative authorities of all of the parties hereto. Such alteration, in order to be effective, must be authorized by the appropriate legislation passed by each of the parties hereto within a 90-day period.

Section 3. Should any alteration of the above-mentioned territory require a survey to be made, the VILLAGE shall have the responsibility to acquire the services of a surveyor to perform such survey and the TOWNSHIP and VILLAGE shall share the costs of such surveying services equally.

ARTICLE II- ADJUSTMENT OF MUNICIPAL BOUNDARIES

Section 1. The TOWNSMP and VILLAGE agree to cooperate fully and in good faith with each other to achieve the successful annexation to the VILLAGE of lands within the territory described in Article 1, under the following circumstances and subject to the following limitations:

(A) When a majority of landowners of vacant lands within an annexation area comprised entirely of vacant lands petition for annexation to the VILLAGE, such lands shall be annexed. -

3






(B) When all landowners of residential lands within an annexation area comprised entirely of residential lands petition for annexation to the VILLAGE, such lands shall be annexed.

When a majority of landowners of lands within an annexation area petition for annexation to the VILLAGE, and the landowners of all residential lands within such annexation area are signatories to the petition, such lands shall be annexed.

The following lands are exempted from this Article II and shall not be required to be annexed to' the VILLAGE under the terms of this Article:


i. Lands owned by the TOWNSHIP, while such lands are used directly, in whole or in part in performing township functions.

ii. Lands, owned by the COUNTY, while such lands are used directly, in whole or in part, in performing county functions; and


iii. Lands owned by a church [as defined in Subsection 5709.07(C) of the Ohio Revised Code] while such lands are maintained in a use qualifying such lands for exemption from property taxes under Subsection 5709.07(A)(2) of the Ohio Revised Code.

However, if any such lands are permanently converted to a different use than as set forth in Items i, ii and iii above, then such converted land shall be thereafter subject to the provisions of this Article 11, and shall not be included in the exemption contained in this Subsection 1 (D). .I

4



(E) Nothing in this Agreement obligates the VILLAGE to accept the annexation of any lands to the VILLAGE and the VILLAGE shall continue to have complete discretion to accept or reject lands sought to be annexed to the VILLAGE.

As used in this Article II, the term "annexation area" means an area described in a petition seeking annexation of the described area to the VILLAGE,

Section 2. Throughout the time this CEDA is in effect, the VILLAGE shall not exclude lands annexed to the VILLAGE, which are included in the territory described in Article I and are annexed through, implementation of 'this Agreement, by initiating a change to the TOWNSHIP'S boundary under Chapter 503 of the Ohio Revised Code to exclude such annexed lands from the
TOWNSHIP. The TOWNSHIP will further discourage and deny any petitions
from landowners who seek to initiate a change to the TOWNSHIP'S boundary, to exclude lands annexed to the VILLAGE which are included in the territory
described in Article I and are annexed through implementation of this Agreement,
and the VILLAGE agrees to cooperate fully and in good faith with the TOWNSHIP'S efforts to resist such change to the TOWNSHIP'S boundary.

Section 3. The TOWNSHIP and VILLAGE recognize, agree and each of their governing bodies have adopted findings in the legislation mentioned in the recitals to this Agreement that, within the territories described in Article 1, annexation of any portion of such territories will be for the general good of the territory sought to be annexed when subject to the terms of this Agreement.

Section 4. The TOWNSHIP and VILLAGE recognize, agree and each of their governing bodies have adopted findings in the legislation mentioned in the recitals to this Agreement that, within the territory described in Article 1, annexation of any portion of such territories will be for the good of the VILLAGE and TOWNSHIP individually and as a whole.

Section 5. The TOWNSHIP and VILLAGE recognize, agree and each of their governing bodies have adopted findings in the legislation mentioned in the recitals to this Agreement that, within the territory described in Article 1, annexation of any portion of such territory that results in:

5


(A) an island or islands of TOWNSHIP territory being located within the VILLAGE and/or

(B) an island or islands of VILLAGE territory being located within the TOWNSHIP

will not be detrimental to the provision of government services or sewer and water utility services provided to residents and businesses located within such island [which the TOWNSHIP and VILLAGE recognize as being especially true when territory annexed to the VILLAGE will not be excluded from the TOWNSHIP and the creation of such island or islands is neither unreasonable nor arbitrary and should not and will not prevent the annexation of territory to the VILLAGE. However, an island or islands cannot be used to promote annexation, and specifically stepping stone annexation, outside the CEDA area

Section 6. The TOWNSHIP and VILLAGE recognize, agree and each of their governing bodies have adopted findings in the legislation mentioned in the recitals to this Agreement that, within the territory described in Article 1, the annexation of territory to the VILLAGE not customarily recognized as contiguous to the corporate boundary of the VILLAGE [whether due to the smallness of the area of geometric coincidence between the annexation area and the corporate boundary of the VILLAGE or the contiguity of the annexation area and the corporate boundary of the VILLAGE being by a long and narrow strip. of land] will not, in any meaningful way, be detrimental: to the unity of the VILLAGE or of the TOWNSHIP and should not and will not prevent the annexation of such territory to the VILLAGE.

Section 7. The TOWNSHIP and VILLAGE recognize, agree and each of their governing bodies have adopted findings in the legislation mentioned in the recitals to this Agreement that no annexation sought to be annexed to the VILLAGE in accordance with this Agreement can possibly be unreasonably large, regardless of its size and regardless of its configuration; provided it is wholly within the territory described in Article 1.

Section 8. The parties agree that several provisions of this Agreement refer to the County of Fairfield which is not yet a party to this Agreement. The VILLAGE and the TOWNSHIP agree that those provisions that relate to Fairfield County shall become effective if, and only if, Fairfield County

6

joins in this Agreement. Until that time, the Agreement shall be read and interpreted as though Fairfield County did not appear in the Agreement.

Further, the VILLAGE and the TOWNSHIP sincerely believe that this Agreement will be beneficial to residents of not only the VILLAGE and the TOWNSHIP, but the County as well. As a result, the VILLAGE and the TOWNSHIP agree to engage in good faith negotiations with the County, should the County determine it is in the County's best interest to become a party to. this Agreement. That is, the provisions currently in the Agreement would then become
Effective upon the County's joining into this Agreement by way of an addendum
amendment, and the parties agree to negotiate in good faith with the County as to er provisions the County would desire prior to entering into this Agreement by way of addendum amendment.

Section 9. Full and good faith cooperation by the TOWNSHIP, as
Mentioned in Section I of this Article II, means undertaking such actions
as may be reasonably requested by the VILLAGE which will contribute to the success of the annexation of lands to the VILLAGE and refraining from acts which would be detrimental to the success of the annexation of lands to the VILLAGE and, with the intent not to limit the broad meaning of the foregoing clauses but to emphasize certain acts and remaining from acts encompassed in the foregoing, shall include,, but not be limited to the TOWNSHIP:

(A) Signing and providing affidavits and furnishing representatives to provide factual testimony at annexation hearings which would favor annexation;

(B) Refraining from encouraging opposition to annexations;

(C) Participating as a party litigant, to the extent such party would have standing to do so, in vigorously defending any annexation covered by this Agreement which may be challenged, for any reason, with such defense to be continued throughout any and all appeals;


(D) Requesting the Fairfield County Engineer to fully cooperate with and assist the VILLAGE and, landowners to facilitate the presentation of an accurate annexation

7


map to the Fairfield County Commissioners (recognizing that the primary responsibility for preparing a suitable map is the landowner's);

(E) Requesting that the Fairfield County Prosecutor facilitate and defend any annexation pursued in accordance with this Agreement;

(F) To support and provide testimony in favor of any legislation which may now, or in the future, be pending before the Ohio General Assembly which would be beneficial to the enforcement of this Agreement or would further the purposes of this Agreement;

(G) To oppose and provide testimony ip opposition to any legislation which may now, or in the future, be pending before the Ohio General Assembly which would be detrimental to the enforcement of this Agreement or would frustrate the purposes of this Agreement;

(H) The TOWNSHIP and VILLAGE agree to vigorously resist, in both administrative and judicial forums, actions by third party political subdivisions to annex, merge or consolidate any portion of the territory described in Article I into any third party political subdivision, and

(I) Each party shall bear its own costs in any legal proceedings.

Section 10. By means of this Agreement, the parties hereto have provided for the availability of governmental services and water and sewer services within Area 1, and recognize that the parties hereto providing such services are fully able to adequately provide such services and that the residences and businesses within such territory will be properly served. Subject to the foregoing, nothing in this Agreement shall be construed to hinder or bar COUNTY from making water and sewer services available in any area in which it is authorized to do so.

8




section I 1. Full and good faith cooperation by the VILLAGE, as mentioned in Section 2 of this ArticleII, means undertaking such actions as may be reasonably requested by the TOWNSHIP which will be detrimental to the success of changing the TOWNSHIP’S boundary under the procedures described in
Chapter 503 of the Ohio Revised Code to exclude lands annexed to the VILLAGE, which are included in the territory described in Article I and are annexed through implementation of this Agreement, from the TOWNSHIP, and refraining from acts which would contribute to the success of changing the TOWNSHIP'S boundary under the procedures described in Chapter 503 of the Ohio Revised Code to exclude lands annexed to the VILLAGE, which are included in the territory described in Article I and are annexed through implementation of this Agreement, from the TOWNSHIP, and, with the intent not to limit the broad meaning of the foregoing clause but to emphasize certain acts and refraining from acts encompassed in the foregoing, shall include, but not be limited to, the VILLAGE:

(A)Signing and providing affidavits and furnishing representatives to provide factual testimony at any hearings to oppose such changes in the TOWNSHIP'S boundaries;

(B) Refraining from encouraging any effort to change the TOWNSHIP'S boundaries by any party;

(C) Participating as a party litigant, to the extent such party would have standing to do so, in vigorously opposing any effort to change the TOWNSHIP'S boundary pursuant to 503 of the Ohio Revised Code to exclude lands annexed to the VILLAGE which are included in the territories described in Article I and are annexed through implementation of this Agreement, such litigation continuing throughout any and all appeals;

(D)Requesting the Fairfield County Engineer to cooperate with and assist the TOWNSHIP and VILLAGE to facilitate the presentation of an accurate map to the Fairfield County Commissioners of the area covered by

9



this Agreement which is not to be subject to a change in the TOWNSHIP'S boundaries pursuant to 503 of the Ohio Revised Code;



(E) Joining with the TOWNSHIP to request the Fairfield County Prosecutor to defend against any effort to change the TOWNSHIP'S boundary pursuant to 503 of the Ohio Revised Code to exclude lands annexed to the VILLAGE which are included in the territory described in Article I and are annexed through implementation of this Agreement;

(F) To support and provide testimony in favor of any legislation which may now, or in the future, be pending before the Ohio General Assembly which would be beneficial to the enforcement of this Agreement or would further the purposes of this Agreement;

(G) To oppose and provide testimony in opposition to any legislation which may now, or in the future, be pending before the Ohio General Assembly which would be detrimental to the enforcement of this Agreement or would frustrate the purposes of this Agreement;

(H) The TOWNSHIP and VILLAGE agree to vigorously. resist, in both administrative and judicial forums, actions by any third party to change the TOVINSHIP'S boundary pursuant to 503 of the Ohio Revised Code to exclude lands annexed to the VILLAGE, which are included in the territory described in Article I and are annexed through implementation of this Agreement, from the TOWNSHIP; and

(I) Each party shall bear its own costs in any legal proceedings that are required by this Section.

10




Section 12. The terms "residential property" and "non-residential property" have the same meaning in this Article 11 as the meaning given to those
terms in Article IV.

Section 13. The parties agree that, during the term of this Agreement, new taxes may be authorized by the Ohio General Assembly and some current taxes may be reduced or eliminated by the Ohio General Assembly. The parties,therefore, agree to meet and discuss if any new tax involving the land described in Article I arises during the term of this Agreement, or if local government or other current tax forms change. The parties will use their best efforts to cooperate for their mutual benefit in the event of such changed circumstances regarding Ohio law governing sources of tax revenues available to Ohio political subdivisions.

Section 14. The parties hereto agree that any one or more of them may object to the tax assessments or evaluations or re-evaluations of property located in the territory described in Article I from time to time. In the event a party which does not have standing to object to the tax assessments or evaluations or re- evaluations of property located in the territory described in Article I but would be prejudiced by such tax assessments or evaluations or re-evaluations of property located in the territory described in Article 1, then the other parties hereto shall cooperate with each other such that the party or parties with the legal standing to challenge such assessments or evaluations or reevaluations shall use their good faith best efforts to pursue those challenges on behalf of such challenging parties to the mutual benefit of all parties hereto.

Section . Each section and each part of each section of this Article 11 is hereby declared to be an interdependent section or part of a section of this Article II and it is hereby agreed and declared to be the controlling intent of the parties hereto that if any such section or part of a section of this Article 11, or any provision thereof, or the application thereof to any entity or circumstances, is held to be invalid or unenforceable, then the remaining sections or parts of sections in this Article 11 and the application of such provisions shall also no longer be enforceable, all such provisions being given in exchange for each other and being therefore interdependent and either all being binding upon the parties hereto or none -being binding upon the parties hereto.

11



ARTICLE III - TOWNSHIP & VILLAGE GOVERNMENTAL -SERVICES AND PAYMENTS TO THE TOWNSHIP

Section 1. With respect to territory located within the boundaries of the TOWNSHIP but which is not a part of the VILLAGE, this Agreement shall have no effect on the obligations of the TOWNSHIP to provide services and the VILLAGE shall continue to have no obligation at all to provide services or products. With respect to territory located within the boundaries of the VILLAGE but which is not a part of the TOWNSHIP, this Agreement shall have no effect on the obligations of the VILLAGE to provide services or products and the TOWNSHIP shall continue to have no obligation at all to provide services.

Section 2. With respect to territory described in Article -1 which becomes annexed to the VILLAGE and which also continues to be included within the TOWNSHIP, the VILLAGE shall be the primary provider and, to the extent feasible, first responder in providing the following governmental services to the same extent, in the same quality and at the same cost as the -VILLAGE provides its services throughout its Jurisdiction in general:

(A) Sanitary sewer services and water service in Area 2.

(B) Arrange for the supply of energy to street lights in ' existence on the date first above written or which are thereafter required by the VILLAGE, and according to VILLAGE standards, and

(C) Enforcement of the VILLAGE'S Codified Ordinances (e.g., Building Code and Zoning Enforcement).

Section 3. With respect to territory described in Article I which becomes annexed to the VILLAGE and which also continues to be included within the TOWNSHIP, the TOWNSHIP shall be the primary provider of the following governmental services to the same extent and in the same quality as the TOWNSHIP provides these services throughout its jurisdiction in general:

(A) Maintenance only of traffic control devices (i.e., signs and signals other than at railroad crossings);

12



(B) Clearing snow and ice from streets and roads;

(C) Salting or in some other way de-icing streets and roads;

(D) Pavement maintenance - including benn and shoulder repair, street sweeping, crack sealing, pothole repair, resurfacing (defined as replacing two inches or'less of surface pavement), chip and seal resurfacing or its equivalent, striping, setting reflective safety devices 'in pavement (when required by state guidelines) and any other fixing of pavement generally regarded by political subdivisions (including the Ohio Department of Transportation) as pavement maintenance;

(E) Road right-of-way maintenance - including repairing @or replacing turf, mowing grass, cleaning up trash and litter, cleaning and fixing road drainage ditches and stonn water retention areas, repairing and replacing guardrails and any other cleaning and fixing of road right-of-way generally regarded by political subdivisions (including the Ohio Department of Transportation) as road right-of-way maintenance-,

(F) Fire protection services, and

(G) EMS and rescue services.

(H) All roads that, absent annexation, would have been considered and maintained as the TOWNSHIP'S roads shall count as the TOWNSHIP'S roads for road tax purposes and gas tax distribution due to the TOWNSHIP'S obligation to maintain those roadways; further, the TOWNSHIP and VILLAGE specifically agree that this provision is both authorized and- necessary under Ohio Revised Code Section 701.07.

Section 4.

The VILLAGE will provide utilities in Area 2.

13

Section 5. Notwithstanding the provisions of Section 2 of this Article 111, the VILLAGE and TOWNSHIP agree that this Agreement shall not affect the continuation of mutual aid arrangements and agreements for fire protection in effect on the date first above written. This section is not intended to limit the ability of the VILLAGE and TOWNSHIP to negotiate mutual aid arrangements in the future as they shall find mutually advantageous.

Section 6. With respect to territory described in Article I which becomes annexed to the VILLAGE and which also continues to be included within the TOWNSHIP, the TOWNSHIP shall be responsible to arrange for and bear the cost of necessary road reconstruction work on the public roadways. For purposes of this Agreement, the term "reconstruction" means an asphalt overlay of more than two (2) inches and also includes reconstruction of the road base and road drainage facilities. Notwithstanding the foregoing, the VILLAGE will reimburse the TOWNSHIP for fifty percent (50%) of the total construction contract amount of the TOWNSHIP'S costs for such reconstruction project, provided the TOWNSHIP has informed the VILLAGE, in writing, of its intent to engage in such road reconstruc- tion and repair, and has developed a five (5) year plan to do so, subject to joint yearly review.

Section 7. It is not the intent of this Agreement to limit or to restrict the ability or jurisdiction of other governmental authorities, not a party to this Agreement, to provide their services within the territory described in Article I or to have any other effect on such governmental authorities whatsoever.

Section 8. In consideration of the services provided by the TOWNSHIP in territory located within the VILLAGE, the VILLAGE agrees to pay to the TOWNSHIP an Annual Services Fee computed as 10 Percent (10%) of each one percent (1%) of income tax collected, for a total of 20 Percent (20%) of the net total income tax collected by the VILLAGE from industrial and commercial taxpayers, located within the territory described in Article 1, during the service year [i.e., the calendar year in which services were provided] for which the Annual Services Fee is being made.. The Annual Services Fee for a service year is due and payable monthly, on or before 30 days after the income tax is received by the VILLAGE. The term "Fee Calculation Income Taxes" shall mean the net sum of income taxes collected by the VILLAGE in a calendar year from the net profit, as allocated to the VILLAGE as provided in Ohio Revised Code Section 718.02, attributable to business conducted by industrial and commercial taxpayers, located

14



both within the VILLAGE and within the territory described in Article I, by permanent resident businesses located therein, and net income taxes collected by the VILLAGE in a calendar year from all salaries, wages, commissions, or other compensation earned by employees who are employees of permanent, resident industrial and commercial employers for work performed within the said defined p area. Agriculture is not considered to be an industrial or commercial activity. The term' 'net sum of income taxes" means taxes collected less refunds and less costs of collection directly related to collection of delinquent taxes which are Fee Calculation Income Taxes. The parties hereto agree that municipal income taxes collected from individuals residing in territory that is within the territory described in Article I shall not be included in the term "Fee Calculation Income Taxes", with the exception that net municipal income taxes attributable to net profit earned by
and collected from a sole proprietorship whose principal place of business is within the territory described in Article I shall be included in the ten-n "Fee Calculation Income Taxes

Section 9. The VILLAGE shall reimburse to the TOWNSHIP each year an amount equal to the taxes the TOWNSHIP would have collected for their road and bridge inside millage of 1.5 mills, had no annexation taken place, according to the current tax valuations, calculated yearly.

Section 10. Payments made by the VILLAGE to the TOWNSHIP as described in this Article are in lieu of any payments which would be required to be made by the VILLAGE to the TOVINSHIP under Sections 709.12 and 709.19 of the Ohio Revised Code, or any future requirements of the Ohio Revised Code
I similar thereto.

Section 11. The TOWNSHIP agrees to indemnify and save the VILLAGE harmless from liability which may result to the VILLAGE as a result of the TOWNSHIP failing to properly maintain traffic control devices [see Subsection 3 (A) above] and thereby creating a nuisance in the public right-of-way within the VILLAGE. The TOWNSHIP agrees to indemnify and save the VILLAGE harmless from liability which may result to the VILLAGE as a result of the TOWNSHIP failing to properly maintain pubic road pavement and right-of-way [see Subsection 3(D) and (E) above] and thereby creating a nuisance in the public right-of-way within the VILLAGE.

15



ARTICLE IV - SCHOOL DISTRICT PROTECTION

The parties agree that nothing in this Agreement shall change school district boundary lines. The area within the Canal Winchester School District shall continue its current economic development educational grant program. The area described in Article I as the CEDA Area shall develop, adopt and implement an economic development educational grant program similar to that used by the Canal Winchester School District.

ARTICLE V - HOTEL/MOTEL AND VARIOUS OTHER TAXES

The TOWNSHIP and VILLAGE RECOGNIZE that there may be opportunities to cooperate together to more efficiently provide various services to their residents and businesses and that revenues may be available to fund providing, such services in a cooperative manner from various tax sources such as, by way of example only and not by way of limitation, Ohio estate taxes and various property tax levies, as well as from other types of revenues such as, by way of example only and not by way of limitation, service fees; therefore, the TOWNSHIP and VILLAGE agree to meet, by their designated representatives, at mutually acceptable times to negotiate concerning cooperation on providing services and designating the revenues to fund such services.

ARTICLE VI - COUNTY SERVICES

Section 1. The COUNTY, through direction given to the Fairfield County Engineer and by providing sufficient funding, may cooperate with the TOWNSHIP to accomplish the practical and efficient maintenance of roadways located within the areas described in Article I of this Agreement through the negotiation of responsibility and equitable cost sharing arrangements for the maintenance of such roadways. By this Section, the parties particularly wish to provide for situations in which it would be most practical and efficient for the COUNTY to provide the maintenance of roads within the territory described in Article 1, but in which the TOWNSHIP would be the recipient of road funds commonly used to fund the maintenance of such roads.

16



Section 2. It is not the intent of this Article to impose any duties upon the Fairfield County Engineer with respect to the territory described in Article I which are in addition to those duties imposed upon county engineers by the Ohio Revised Code.

Section 3. The COUNTY shall provide police services in the CEDA area.

Section 4. The COUNTY shall provide water and sewer utilities in the area not required by this Agreement to be served by the VILLAGE.

ARTICLE VII - GENERAL PROVISIONS

Section 1. Term. The initial term of this Agreement shall
commence on the date hereof and shall terminate December 3 1, 2 1 01 (unless otherwise terminated prior to that date as provided herein). At the expiration of the initial term of this Agreement, the Agreement shall automatically be renewed for a period of 50 years, and the Agreement shall continue to be automatically renewed thereafter for similar 50-year periods at the end of each renewal period with no limit upon the number of such renewals, unless the legislative authorities of the VILLAGE and the TOWNSHIP each affirmatively act to terminate this Agreement. In order for any such termination to be effective, -legislative action of one party to terminate this Agreement must occur and be effective within a period of 90 days from the date of the legislative action of the other parties terminating this Agreement. The provision herein for automatic extension of this Agreement except upon legislative action by each of the parties hereto terminating this Agreement recognizes that the accrual of benefits to the parties from this Agreement may take decades and that the construction of water and sanitary sewer service facilities and public roadways along with the other possible capital improvements provided for herein is of permanent usefulness and duration.

Section 2. Early Termination. This Agreement may be' terminated
at any time by mutual consent of the TOWNSHIP and the VILLAGE as authorized by their respective legislative authorities. In order for any such termination to be effective, legislative action of one party to terminate this Agreement must occur and be effective within a period of 90 days from the date of legislative action of the other party terminating this Agreement.

17





Section 3. Support of Agreement. In the event that this Agreement, or any of its ten-ns, conditions or provisions, is challenged by any third party or parties in a Court of law, the parties agree to cooperate with one another and to use their best efforts in defending this Agreement with the object of upholding this Agreement. Each party shall bear its own cost's in any such proceeding challenging this Agreement or any term or provisions thereof.

Section 4. Signing Other Documents. The parties agree to cooperate with one another and to use their best efforts in the implementation of this Agreement and to sign or cause to be signed, in a timely fashion, all other necessary instruments, legislation, petitions and similar documents, and to take such other actions in order to effectuate the purposes of this Agreement.

Section 5. Cooperation in Pursuing Grants. The parties hereto agree to cooperate with each other in contributing to the success of applications to obtain grants of funding to perform projects in the territory described in Article I, which would be to the mutual benefit of the parties hereto. This Section is not intended to obligate any party hereto to contribute matching funds or to apply any other form of such party's economic resources in contributing to the success of applications to obtain grants of funding to perform projects in the territory described in Article 1.

Section 6. Mediation. In the event the parties have a dispute as to any of the terms of applicability of this Agreement, the parties agree to use their best efforts to resolve the dispute through a mutually acceptable mediation process prior to any party filing a, lawsuit. Each party participating in mediation shall pay its own costs of mediation, including their proportionate share of the compensation and administrative expenses required by the mediator and by the mediation services provider selected by the parties. If a mediator has not been selected by the parties within sixty (60) days after one of the parties has requested that a dispute arising under this Agreement be mediated, then any of the parties may commence a lawsuit or commence such other method of pursuing such remedies as may be available to any of the parties.

Section 7. Defaults. A failure to comply with the terms of this Agreement shall constitute a default hereunder. The party in default shall have ninety (90) days, after receiving written notice from the other party of the event of default, to cure that default. If the default is not cured within that time period, the non-defaulting party may sue the defaulting party for specific performance under

18



this Agreement or for damages or both, or may pursue such other remedies as may be available.

Section 8. A property owners' association or associations shall, be established to maintain all open space and detention basins, and shall be assessed for such costs. All heirs, purchasers, assignees and any other subsequent owner of property shall be required, pursuant to a deed restriction, to become 'a member Of such property owners' association or associations.

Section 9. The VILLAGE shall prepare a yearly progress and financial report and shall distribute it to the TOWNSHIP, VILLAGE and COUNTY.

Section 10. Amendments.

This Agreement may- be amended by the TOWNSHIP and VILLAGE only in writing approved by the legislative authorities of both parties by means of appropriate legislation authorizing such amendment. Such amendment, in order to be effective, must be authorized by appropriate legislation authorizing such amendment(s) approved by the legislative authorities of all three of the parties hereto. Such amendment(s), in order to be effective, must be authorized by appropriate legislation passed by each of the parties hereto within a 90-day period.

In the event Article II ceases to be binding on the parties hereto, the TOWNSHIP and VILLAGE may meet together to determine whether any amendments to the remaining provisions of this Agreement can be negotiated to their mutual benefit. In the event Article II ceases to be binding on the parties hereto, the TOWNSHIP and VILLAGE shall each have the right to terminate this Agreement, unilaterally, at their discretion.

19


Section II - Immunities Preserved. By entering into this Agreement, neither the VILLAGE, nor the TOWNSHIP intend to relinquish or waive any of the immunities they now have or may hereafter be accorded under state and/or federal laws, including, without the limitation of any such immunities all those immunities accorded to governmental entities and their officers and employees under Chapter 2744 of the Ohio Revised Code.

Section 12. Powers Preserved. This Agreement is not intended to
be in derogation of the powers granted to municipal corporations by Article XVIII, Ohio Constitution, or any of the provisions of the Ohio Constitution or of the VILLAGE'S municipal charter or of the Ohio Revised Code, nor is it intended to be in derogation of the powers granted to townships under any provisions of the Ohio Constitution or of the Ohio Revised Code; nor is it intended to be in derogation of the powers granted to boards of county commissioners, under any provisions o
f the Ohio Constitution or of the Ohio Revised Code.

Section 13. Beneficiaries. This Agreement shall inure to the benefit of and shall be binding upon the TOWNSMP and VILLAGE and their respective successors, subject, however, to the specific provisions hereof This Agreement' shall not inure to the benefit of anyone other than as provided in the immediately preceding sentence. This Agreement is not intended to and does not create rights or benefits of any kind for any persons or entities which are not a party to this Agreement.

Section 14. , Severability. Except as otherwise provided in Article II, Section 15 hereof, in the event that any section or provision of this Agreement or any covenant, agreement, obligation or action, or part thereof, made, assumed, entered into or taken, or any application thereof, is held to be illegal or invalid for any reason:

(A) that illegality or invalidity shall not affect the remainder hereof or thereof, any other section or provision hereof, or any other covenant, agreement, obligation. or action,
or part thereof, made, assumed, entered into or taken, all of which shall be construed and enforced as if the illegal or invalid portion were not contained herein or therein;

20



(B) the illegality or invalidity of any application hereof or thereof shall not affect any legal and valid application hereof or thereof, and

(C) each section, provision, covenant, agreement, obligation or action, or part thereof, shall be deemed to be effective, operative, made, assumed, entered into or taken in the manner and to the full extent permitted by law.

Section 15. Character of Payments. Nothing in this Agreement is to be interpreted as the sharing of the proceeds of any tax levy by and between the VILLAGE and the TOWNSHIP. All language within this Agreement which employs an amount of any tax to be collected as part of a calculations for
determining a sum to be paid by one party to another of the par-ties to this
Agreement is intended, and therefore to be interpreted, as a reasonable, practical
and convenient mechanism which the parties have agreed to use to compute, in a. less controversial manner, the payments to be made by one party to another for services and other items of value to be received by the paying party. No payments to be made under this Agreement are intended to be a sharing of proceeds of any tax levy proscribed by Subsection 701.07(D) of the Ohio Revised Code. The parties do not consider estate taxes to be a tax levy.

Section 16. Liberal. Construction. The parties agree that just as
Ohio Revised Code Section 70I.07 is to be liberally construed to allow parties to enter into Cooperative Economic Development Agreements, the parties further
agree that this Agreement shall be liberally construed in order to facilitate the desire of each of the parties to carry out this Agreement by providing government improvements and facilities and services, by promoting and supporting economic development, by creating and preserving employment. opportunities, and by
allowing for the sharing by the TOWNSHIP and VILLAGE, and the State of Ohio, in the benefits of economic development, even if the economic development does not occur in an unincorporated area. Each provision of this Agreement shall be construed and interpreted so as to pennit.maxiinum advantage to the parties allowed by Ohio Revised Code Section 701.07.

21





Section 17. Captions and Headings. The captions and headings herein are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections hereof

IN WITNESS WHEREOF, the TOWNSHIP and VILLAGE have caused this Agreement to be duly signed in their respective names by their duly authorized officers as of the date first above written.

ATTEST:

TBE VILLAGE OF CANAL WINCHESTER FAIRFIELD COUNTY, OHIO:

By:

Marsha Hall, Mayor

APPROVED AS TO FORM AND CORRECTNESS:

Law Director

ATTEST:

Bill Losoncy Township Clerk

THE BOARD OF TOWNSHIP TRUSTEES OF VIOLET TOWNSHIP, FAIRFIELD
COUNTY, OHIO


Gary P. Weltlich, Trustee

Terry Dunlap, Trustee

Lyle Diley, Trustee

22



APPROVED AS TO FORM AND CORRECTNESS:

Alfred E. Schrader,
Attorney for TOWNSHIP

23