36-2016 September 27, 2016 A RESOLUTION DECLARING THE NECESSITY OF ACQUIRING AND CONSTRUCTING CERTAIN PUBLIC INFRASTRUCTURE IMPROVEMENTS IN THE VILLAGE OF WOODLAWN. WHEREAS, Ohio Revised Code (the “Revised Code”) §1710.06(C) provides that a political subdivision which has approved a petition for special assessments for public improvements in a special improvement district (“SID”) pursuant to Chapter 1710 of the Revised Code may levy said special assessments pursuant to Chapter 727 of the Revised Code; and WHEREAS, Mayview Forest, LLC, an Ohio limited liability company, Mayview Forest 2, LLC, an Ohio limited liability company, and Mayview Forest 3, LLC, an Ohio limited liability company (collectively referred to herein as the “Owners”) have petitioned for the creation of a SID pursuant to Chapter 1710 of the Ohio Revised Code; and WHEREAS, this Village Council (the “Council”) of the Village of Woodlawn, Hamilton County, Ohio (the “Village”) on August 30, 2016 accepted the Owner’s petition and approved the creation of the Woodlawn Meadows Special Improvement District (the “District”); and WHEREAS, the Council has received a petition dated September 27, 2016 (the “Petition”, which is attached hereto as Exhibit A and made a part hereof), signed by the Owners, who own one hundred percent (100%) of the real property affected by the Petition, which properties are located in the District (the “Assessed Properties”, as further described in Exhibit A to the Petition), which Petition proposes the necessity of acquiring, constructing, and developing certain street improvements, sidewalk improvements, irrigation improvements, public signage improvements, remediation of certain environmental conditions, and related improvements in the Village along with the cost of participating in CitiRama, (the “Improvements”, which are hereinafter referred to as the “Project” as further described in Exhibit B to the Petition), which Project also includes debt service charges on any bonds issued by the Village for the Project, capitalized interest, credit enhancement fees and expenses and all administrative expenses; and WHEREAS, the Owners, in the Petition request that the Project be paid for by special assessments assessed upon the Assessed Properties (the “Special Assessments”); and WHEREAS, the Village has previously determined to undertake the acquisition, construction, and development of street improvements, sidewalk improvements, irrigation improvements, public signage improvements, remediation of environmental conditions, and related improvements on and adjacent to the Assessed Properties, which are also known as the Woodlawn Meadows, in order to enable development of the Assessed Properties and permit the construction of approximately forty-three single family residential homes in the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF WOODLAWN, COUNTY OF HAMILTON, STATE OF OHIO, that: SECTION 1. It is hereby declared necessary, and a vital and essential public purpose of the Village, to improve the Assessed Properties, which are adjacent to Grove Road, by acquiring, constructing, and developing, or providing for the acquisition, construction, and development of the Project, as set forth in the Petition, including acquiring an interest in the land underlying the Project and providing for the payment of related interest, financing, credit enhancement, and issuance expenses and administrative fees and expenses as set forth in the Petition, all as more fully described in the plans, profiles, specifications, and estimates of cost of the Project, all of which are on file with the Clerk of Council and open to the inspection of all persons interested. SECTION 2. It is hereby determined that the elements of the Project are so situated in relation to each other that in order to complete the acquisition and improvement thereof in the most practical and economical manner they should be acquired and improved at the same time, with the same kind of materials, and in the same manner; and that elements of the Project shall be treated as a single improvement, pursuant to Section 727.09 of the Ohio Revised Code (“Revised Code”). SECTION 3. The Village has previously determined and hereby ratifies and declares that the Project is an essential and vital public, governmental purpose of the Village, necessary in order to prompt development in the Village which will benefit the Village and the residents of the Village; that in order to fulfill that essential and vital public purpose of the Village, it is necessary and proper to provide, for the acquisition, construction, and development of the Project in the manner contemplated by the Petition. It is hereby determined and declared that the Project is conducive to the public peace, health, safety and welfare of the Village and the inhabitants thereof. SECTION 4. The plans, specifications, profiles and estimate of cost of the Project are hereby approved subject to changes as permitted by Chapter 727 of the Revised Code. SECTION 5. Pursuant to and subject to the provisions of a valid Petition signed by one hundred percent (100%) of the property owners of the Assessed Properties, which Petition is hereby accepted, the entire cost of the Project shall be paid by the Special Assessments levied against the Assessed Properties, which are the benefited properties. The provisions of the Petition are hereby ratified, adopted, approved and incorporated into this Resolution as if set forth in full herein. SECTION 6. The method of levying the Special Assessments shall be in proportion to the benefits received, equally on a gross per lot basis of the Assessed Properties, as set forth in the Petition. SECTION 7. The lots or parcels of land to be assessed for the Project shall be the Assessed Properties, described in Exhibit A to the Petition, all of which lots and lands are hereby determined to be specially benefited by the Project. SECTION 8. The cost of the Project to be paid for directly or indirectly, in whole or in part, by funds derived from the Special Assessments may include, but is not limited to: (a) the purchase price of real estate or any interest therein when acquired by purchase; (b) the cost of preliminary and other surveys; (c) the cost of preparing plans, specifications, profiles, and estimates; (d) the cost of printing, serving, and publishing notices, resolutions, and ordinances; (e) the cost of all special assessment proceedings; (f) the cost of labor and material, whether furnished by contract or otherwise; (g) interest on bonds or notes issued in anticipation of the levy and collection of the Special Assessments; (h) debt service charges and administrative expenses; (i) the total amount of damages and interest thereon, resulting from the Project and assessed in favor of any owner of lands affected by the Project; (j) the cost incurred in connection with the preparation, levy, and collection of the Special Assessments, including legal expenses incurred by reason of the Project; and (k) incidental costs directly connected with the Project. SECTION 9. The Special Assessments shall be levied and paid in fifteen (15) annual or thirty (30) semi-annual installments pursuant to the list of estimated Special Assessments attached as Exhibit C to the Petition, with interest on the deferred payments at the same rate and for the same period as the bonds or notes to be issued in anticipation of the collection thereof, as provided in the Petition; provided that the owner of any property assessed may, at his option, pay the Special Assessment in cash within thirty (30) days after the first publication of the notice of the assessing ordinance. SECTION 10. Bonds of the Village, shall be issued in anticipation of the levy and collection of the Special Assessments by installments and in an amount equal thereto, and notes of the Village may be issued in anticipation of the issuance of such bonds and the levy and collection of the Special Assessments. SECTION 11. The Clerk of the Village is hereby authorized and directed to cause to be prepared and filed in the office of the Clerk of Council the estimated Special Assessments for the cost of the Project in accordance with the method of assessment set forth in the Petition and this Resolution, showing the amount of the assessment against each lot or parcel of land to be assessed. SECTION 12. Upon the filing of the estimated Special Assessments with the Fiscal Officer, notice of the adoption of this Resolution and the filing of the estimated Special Assessments shall be served upon the Owners of the Assessed Properties, as provided in Section 727.13 of the Revised Code. The appropriate officials of the Village shall also comply with the applicable procedural requirements of Chapter 727 of the Revised Code. SECTION 13. The Village Administrator and/or the Finance Director are each authorized, pursuant to Section 727.12 of the Revised Code, to cause the Special Assessments to be levied and collected at the earliest possible time including, if applicable, prior to the completion of the acquisition and construction of the Project. SECTION 14. The Special Assessments will be used by the Village to meet its obligations under the Development Agreement by and between the Village and the Owners of the Assessed Properties. SECTION 15. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Resolution were adopted in an open meeting of this Board; and that all deliberations of this Council and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements, including Section 121.22 of the Revised Code. SECTION 16. This Resolution shall take effect at the earliest date permitted by law after its adoption.