MIAMI TOWNSHIP-VILLAGE OF YELLOW SPRINGS
COOPERATIVE ECONOMIC DEVELOPMENT AGREEMENT
This agreement is entered into this 30th day of September 2002, by and between the VILLAGE OF YELLOW SPRINGS (hereinafter "Village"), and THE BOARD OF TRUSTEES OF MIAMI TOWNSHIP, GREENE COUNTY, OHIO (hereinafter "Township").
WHEREAS, the Village and Township are political subdivisions located entirely within the State of Ohio and the Village and the Township are contiguous subdivisions located entirely within Greene County; and,
WHEREAS, the Village and Township 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,
WHEREAS, the parties hereto wish to accomplish the purpose of extending the Village’s 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 Village and Township and to those businesses who choose to locate within the territories to which this agreement pertains; and,
WHEREAS, the Village and Township wish to cooperate in improving and advancing the welfare of the citizens of Greene County residing within the territories to which this agreement pertains; and,
WHEREAS, the Village and Township, in pursuing the above-mentioned public purposed, 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, 701.07 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 furthering the economic welfare of the people of the Village, Township as well as Greene County and will facilitate the provision of quality education in Greene County, thereby enhancing the availability of appropriately skilled individuals for employment by employers within the Village and Township and consequently furthering the creation and preservation of job and employment opportunities within the Village, Township and Greene County; and,
WHEREAS, the parties hereto each wish to extend full and good faith cooperation to each other in accomplishing the foregoing objectives and recognize that said cooperation and objectives will benefit all of their respective residents and businesses and will operate to preserve and protect the public health, safety, morals, and general welfare of the citizens of the Village, Township and Greene County; and,
WHERAS, the Village Council of Yellow Springs has enacted Resolution No. _____, on September 30, 2002 and the Board of Trustees of Miami Township have passed Resolution No._______, on September 30, 2002 which authorize the respective parties to enter into this Agreement, all in accordance with Section 701.07 of the Ohio Revised Code.
NOW, THEREEFORE, the parties hereto agree as follows:
ARTICLE I-DESIGNATION OF TERRITORIES
Section 1. This Agreement is applicable to the following territories currently located within the boundaries of the Township:
Section 2. Any of the above territories may be altered by mutual agreement of the Village and the Township, but only by means of appropriate legislation authorizing such alteration approved by the legislative authorities of the parties hereto. Such alteration, in order to be effective, must be authorized by appropriate legislation passed by each of the parties hereto within a 90-day period.
Section 3. Should any alteration of the above-mentioned territories require a survey to be made, the party requesting the alteration shall have the responsibility to acquire the services of a surveyor to perform such survey and pay the costs of such surveying services.
ARTICLE II-ADJUSTMENTS OF MUNICIPAL BOUNDARIES
Section 1. The Village and the Township agree to cooperate fully and in good faith with each other to achieve the successful annexation to the Village of the non-residential portions of the territories described in Article I.
Section 2. Upon annexation, the non-residential portions of the territories decribed in Article I shall not be detached from the Township.
Section 3. The Village and the Township 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 decribed in Article I, annexation of any portion of such territories, for non-residential use, will be for the general good of the territories sought to be annexed when subject to the terms of this Agreement.
Section 4. The Village and the Township recognize, agree and each of their governing bodies adopted findings in the legislation mentioned in the recitals to this Agreement that, within the territories decribed in Article I, annexation of any non-residential portion of such territories will be for the good of the Village and Township individually and as a whole.
Section 5. The Village and the Township recognize, agree and each of their governing bodies have adopted findings in the legislation mentioned in the recitals to this Agreement that no annexation area 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 for non-residential use and within the territories decribed in Article I.
Section 6. Full and good faith cooperation by the Township, as mentioned in Section 1 of Article II, means undertaking such actions as may be requested by the Village which will contribute to the success of the annexation of the subject non-residential territories to the Village and refraining from acts which would be detrimental to the success of the annexation of lands to the Village.
Section 7. By means of this Agreement the parties hereto have provided for the availability of governmental services and water and sewer services within the territories decribed in Article I and recognize that the parties providing such services are fully able to adequately provide such services and that such businesses within such territories will be properly served.
ARTICLE III-TOWNSHIP-VILLAGE GOVERNMENTAL
SERVICES AND PAYMENTS TO TOWNSHIP.
Section 1. With respect to territories located within the boundaries of the Township but which are not part of the Village, this Agreement shall have no effect on the obligations of the Township to provide services or products and the Village shall continue to have no obligation at all to provide services or products. With respect to territories located within the boundaries of the Village but which are not part of the Township, this Agreement shall have no effect on the obligations of the Village to provided services or products and the Township shall continue to have no obligations to provided services or products.
Section 2. With respect to the properties decribed in Article I which become annexed to the Village, and pursuant to Yellow Springs Village Council Resolution Number ___, the Village shall provide services including but not limited to:
Section 4. In consideration of this agreement and the obligations created herein, the Village agrees to pay the Township an annual sum, on April 01, equal to the amount of revenue the Township would have received had the territories not been annexed. This sum is to be determined based on prior year property valuations and current year tax millage obtained from the Greene County Auditor’s office.
A) The parties to this agreement understand and have consented, that any proposed incentive which includes tax abatements that would affect the above mentioned sum of payment to Miami Township, will be agreed upon by all parties.
Section 5. The Township may verify the amounts paid by the Village as and for the annual sum pursuant to Section 4 of this Article III, by reviewing all necessary information and calculations utilized by the Village in obtaining such amounts. Said review by the Township shall be conducted in the Finance Department of the Village due to the confidential nature of said returns.
Section 6. Payments made by the Village to the Township as decribed in this Article III are in lieu of payments which would be required to be made by the Village to the Township under Sections 709.12 and 709.19 of the Ohio Revised Code or under any laws of similar effect. Payments would be governed by terms contained in Section 709.191 of the Ohio Revised code.
Section 1. Support of Agreement. In the event that this Agreement, or any of its terms, conditions, or provisions are challenged by any third party or parties in a court of law, the parties agree to cooperate with each other and to use their best efforts in defending this Agreement with the objective of upholding this Agreement. Each party shall bear its own costs in any such proceeding challenging this Agreement or any term or provision thereof.
Section 2. 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 purpose of this Agreement.
Section 3. Governmental Cooperation, Future Territories.
Section 4. Mediation. In the event the parties have a dispute as to any of the terms or 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 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. Unless otherwise agreed to by the parties, the decision in any mediation shall not be binding.
Section 5. Default. 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 the default, to cure the default. If the default is not cured within that time period, the non-defaulting party may sue the defaulting party for specific performance under this Agreement or for damages or both; or may pursue such other remedies as may be available.
Section 6. Beneficiaries. This Agreement shall inure to the benefit of and shall be binding upon the Village and the Township 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 7. Severability. 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:
Section 8. Character of Payments. Nothing in this Agreement is to be interpreted as the sharing of proceeds of any tax levy by and between the Village and the Township. All language within the Agreement which employs an amount of any tax to be collected as part of a calculation for determining the sum to be paid by one party to another of the parties to this Agreement is 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 prohibited by subsection 701.07(D) of the Ohio Revised Code. The parties do not consider estate tax to be a levy tax.
Section 9. Liberal Construction. The parties agree that just as Ohio Revised Code Section 701.07 is to be liberally construed to all parties to enter into Comprehensive 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 services, by promoting and supporting economic development, by creating and preserving employment opportunities, and by allowing for the sharing by the Village and the Township in benefits of economic development. Each provision of this Agreement shall be construed and interpreted so as to permit maximum advantage to the parties allowed by Ohio Revised Code Section 701.07.
Section 10. 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.
Section 11. Economic Development Promotion. The parties agree to share the mutually agreed upon costs of promoting economic development within the areas included in this agreement.
Section 12.Review of Agreement. This agreement and the obligations of the parties hereunder, shall continue for 10 years, at which time a complete review by the combined members of Yellow Springs Village Council and the Miami Township Trustees will take place and any mutually agreed upon changes in the agreement and obligations shall take effect until a similar review is completed, 10 years hence.
IN WITNESS WHEREOF, the Village and the Township have caused this Agreement to be duly signed in their respective names by their duly authorized officers as of the date first above written.
WITTNESES: VILLAGE OF YELLOW SPRINGS, OHIO
WITTNESES: MIAMI TOWNSHIP, GREENE COUNTY, OHIO