17-2016 August 30, 2016 First Reading: __________ Second Reading: dispensed AN ORDINANCE APPROVING THE PETITION CREATING THE WOODLAWN MEADOWS SPECIAL IMPROVEMENT DISTRICT, APPROVING THE ARTICLES OF INCORPORATION OF THE WOODLAWN MEADOWS SPECIAL IMPROVEMENT DISTRICT, INC., AND APPROVING THE INITIAL PLAN FOR WOODLAWN MEADOWS SPECIAL IMPROVEMENT DISTRICT, INC., DISPENSING WITH THE SECOND READING AND DECLARING AN EMERGENCY

WHEREAS, Chapter 1710 of the Ohio Revised Code authorizes real property owners to create special improvement districts (“SID”) upon a petition to a municipal corporation, which SID is a voluntary organization of property owners who undertake the provision of public improvements or services for the enhancement of the property contained in the SID and finance such improvements or services with voluntary special assessments levied upon the property.

WHEREAS, Mayview Forest, LLC, Mayview Forest 2, LLC and Mayview Forest 3, LLC, as real property owners of property located within the Village of Woodlawn, Ohio desire to create a SID for the purpose of providing public improvements and services to promote the development of such property.

WHEREAS, on August ___, 2016, the property owners delivered a petition along with articles of incorporation and an initial plan to the Village Administrator and Village Council of the Village of Woodlawn requesting the creation of a SID pursuant to Chapter 1710 of the Ohio Revised Code and such petition and accompanying documents are on file with the Clerk of Council.

WHEREAS, the Village Council (“Council”) of the Village of Woodlawn, Ohio (the “Village’) wishes to approve the attached Petition pursuant to the Ohio Revised Code Section 1710.02(E) creating The Woodlawn Meadows Special Improvement District (the “District”) and specifically approving the Articles of Incorporation of Woodlawn Meadows Special Improvement District, Inc. a nonprofit corporation formed pursuant to the laws of the State of Ohio (the “Corporation”) and the Initial Plan submitted for the Corporation:

NOW THEREFORE, BE IT ORDAINED, by the Village Council of the Village of Woodlawn, State of Ohio:

SECTION 1. The Petition, signed by all property owners requesting the creation of the Woodlawn Meadows Special Improvement District, in substantially the same form as set forth on the attached Exhibit A, is hereby approved. Any changes made to the Petition must be approved by the Village Law Director and Village Bond Counsel.

SECTION 2. The Articles of Incorporation, for Woodlawn Meadows Special Improvement District, Inc., in substantially the same form as set forth on the attached Exhibit B, are hereby approved. Any changes made to the Articles of Incorporation must be approved by the Village Law Director and Village Bond Counsel.

SECTION 3. The Initial Plan for the Woodlawn Meadows Special Improvement District, Inc., in substantially the same form as set forth on the attached Exhibit C, is hereby approved. Any changes made to the Initial Plan must be approved by the Village Law Director and Village Bond Counsel.

SECTION 4. The Village Administrator, currently Alan Geans, is hereby appointed by the Village Council of the Village of Woodlawn and directed to serve as a director of the Board of Directors of the Corporation in order to satisfy the statutory requirements of Ohio Revised Code Section 1710.04(A) relating to governance of the District. Council hereby designates the office of the Village Administrator as the director of the Board of Directors of the Corporation and whoever should succeed Alan Geans in that office shall be the appropriate director of the Board of Directors of the Corporation for future compliance with the requirements of Ohio Revised Code Section 1710.04(A). The Mayor, currently Susan Upton Fraley, is the municipal executive of the Village and pursuant to Ohio Revised Code Section 1710.04(A), the Mayor and whomever shall hold the office of Mayor or the Mayor’s designees is one of the directors of the Board of Directors.

SECTION 5. That the Clerk of Council is hereby directed to file or cause to be filed a copy of the Articles of Incorporation and a copy of this Ordinance with the Ohio Secretary of State.

SECTION 6. This Council upon a two-thirds majority vote does hereby dispense with the requirement that this ordinance be read on two separate days, and hereby authorizes the adoption of this ordinance upon its first reading.

SECTION 7. This ordinance shall take effect on the earliest date allowed by law.

SECTION 8. Upon the required vote of this Council, this Ordinance is hereby declared to be an emergency measure necessary for immediate preservation of the public peace, health, safety and welfare of the Village. The reason of the emergency is for a timely closing on the village financing so that construction of the necessary public improvements can begin as soon as possible.