H. B. No. 370 As Introduced

As Introduced

129th General Assembly

Regular Session

2011-2012

H. B. No. 370

Representative Combs

Cosponsors: Representatives Conditt, Derickson, Duffey

A BILL

To amend sections 349.01, 349.03, 349.04, 349.06, and

349.14 of the Revised Code to make changes to the

New Community Authority Law.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 349.01, 349.03, 349.04, 349.06, and	4
349.14 of the Revised Code be amended to read as follows:	5

Sec. 349.01. As used in this chapter:

(A) "New community" means a community or an addition to an	7
existing community planned pursuant to this chapter so that it	8
includes facilities for the conduct of industrial, commercial,	9
residential, cultural, educational, and recreational activities,	10
and designed in accordance with planning concepts for the	11
placement of utility, open space, and other supportive facilities.	12

~~In the case of a new community authority established on~~ or	13
~~after the effective date of this amendment and before January 1,~~	14
~~2012, "new community" may mean~~ a community or development of	15
property planned under this chapter in relation to an existing	16
community so that the community includes facilities for the	17
conduct of community activities, and is designed in accordance	18
with planning concepts for the placement of utility, open space,	19
and other supportive facilities for the community.	20

(B) "New community development program" means a program for	21
the development of a new community characterized by well-balanced	22
and diversified land use patterns and which includes land	23
acquisition and land development, the acquisition, construction,	24
operation, and maintenance of community facilities, and the	25
provision of services authorized in this chapter.	26

~~In the case of a new community authority established on or~~	27
~~after the effective date of this amendment and before January 1,~~	28
~~2012, a~~A new community development program may take into account	29
any existing community in relation to which a new community is	30
developed for purposes of being characterized by well-balanced and	31
diversified land use patterns.	32

(C) "New community district" means the area of land described	33
by the developer in the petition as set forth in division (A) of	34
section 349.03 of the Revised Code for development as a new	35
community and any lands added to the district by amendment of the	36
resolution establishing the community authority.	37

(D) "New community authority" means a body corporate and	38
politic in this state, established pursuant to section 349.03 of	39
the Revised Code and governed by a board of trustees as provided	40
in section 349.04 of the Revised Code.	41

(E) "Developer" means any person, organized for carrying out	42
a new community development program who owns or controls, through	43
leases of at least seventy-five years' duration, options, or	44
contracts to purchase, the land within a new community district,	45
or any municipal corporation, county, or port authority that owns	46
the land within a new community district, or has the ability to	47
acquire such land, either by voluntary acquisition or condemnation	48
in order to eliminate slum, blighted, and deteriorated or	49
deteriorating areas and to prevent the recurrence thereof. In the	50
case of a new community authority established on or after ~~the~~	51
~~effective date of this amendment~~July 7, 2010, and before January	52
1, 2012, "developer" may mean a person, municipal corporation,	53
county, or port authority that controls land within a new	54
community district through leases of at least forty years'	55
duration.	56

(F) "Organizational board of commissioners" means, if the new	57
community district is located in only one county, the board of	58
county commissioners of such county; if located in more than one	59
county, a board consisting of the members of the board of county	60
commissioners of each of the counties in which the district is	61
located, provided that action of such board shall require a	62
majority vote of the members of each separate board of county	63
commissioners; or, if more than half of the new community district	64
is located within the boundaries of the most populous municipal	65
corporation of a county, the legislative authority of the	66
municipal corporation.	67

(G) "Land acquisition" means the acquisition of real property	68
and interests in real property as part of a new community	69
development program.	70

(H) "Land development" means the process of clearing and	71
grading land, making, installing, or constructing water	72
distribution systems, sewers, sewage collection systems, steam,	73
gas, and electric lines, roads, streets, curbs, gutters,	74
sidewalks, storm drainage facilities, and other installations or	75
work, whether within or without the new community district, and	76
the construction of community facilities.	77

(I)~~(1)~~ "Community facilities" means all real property,	78
buildings, structures, or other facilities, including related	79
fixtures, equipment, and furnishings, to be owned, operated,	80
financed, constructed, and maintained under this chapter,	81
including public, community, village, neighborhood, or town	82
buildings, centers and plazas, auditoriums, day care centers,	83
recreation halls, educational facilities, hospital facilities as	84
defined in section 140.01 of the Revised Code, recreational	85
facilities, natural resource facilities, including parks and other	86
open space land, lakes and streams, cultural facilities, community	87
streets, including off-street parking facilities, pathway and	88
bikeway systems, pedestrian underpasses and overpasses, lighting	89
facilities, design amenities, or other community facilities, and	90
buildings needed in connection with water supply or sewage	91
disposal installations or steam, gas, or electric lines or	92
installation.	93

~~(2) In the case of a new community authority established on~~	94
or ~~after the effective date of this amendment and before January~~	95
~~1, 2012, "community facilities" may mean, in addition to the~~	96
~~facilities authorized in division (I)(1) of this section, any~~	97
other community facilities that are owned, operated, financed,	98
constructed, or maintained for, relating to, or in furtherance of	99
community activities, including, but not limited to, town	100
buildings or other facilities, and health care facilities	101
including, but limited to, hospital facilities~~, and off-street~~	102
~~parking facilities~~.	103

(J) "Cost" as applied to a new community development program	104
means all costs related to land acquisition and land development,	105
the acquisition, construction, maintenance, and operation of	106
community facilities and offices of the community authority, and	107
of providing furnishings and equipment therefor, financing charges	108
including interest prior to and during construction and for the	109
duration of the new community development program, planning	110
expenses, engineering expenses, administrative expenses including	111
working capital, and all other expenses necessary and incident to	112
the carrying forward of the new community development program.	113

(K) "Income source" means any and all sources of income to	114
the community authority, including community development charges	115
of which the new community authority is the beneficiary as	116
provided in section 349.07 of the Revised Code, rentals, user fees	117
and other charges received by the new community authority, any	118
gift or grant received, any moneys received from any funds	119
invested by or on behalf of the new community authority, and	120
proceeds from the sale or lease of land and community facilities.	121

(L) "Community development charge" means:

122

(1) A dollar amount ~~which~~that shall be determined on the	123
basis of the assessed valuation of real property or interests in	124
real property in a new community district sold, leased, or	125
otherwise conveyed by the developer or the new community	126
authority, the income of the residents of such property subject to	127
such charge under section 349.07 of the Revised Code, if such	128
property is devoted to residential uses or to the profits of any	129
business, a uniform fee on each parcel of such real property	130
originally sold, leased, or otherwise conveyed by the developer or	131
new community authority, or any combination of the foregoing	132
bases.	133

(2) ~~For a new community authority that is established on or~~	134
~~after the effective date of this amendment and before January 1,~~	135
~~2012, "community development charge" includes, in addition to the~~	136
~~charges authorized in division (L)(1) of this section, a~~A charge	137
determined on the basis of all or a part of the income of the	138
residents of real property within the new community district if	139
such property is devoted to residential uses, or all or a part of	140
the profits, gross receipts, or other revenues of any business	141
operating in the new community district.	142

(M) "Proximate city" means, as of the date of filing of the	143
petition under section 349.03 of the Revised Code, any municipal	144
corporation in which any portion of the proposed new community	145
district is located, or if more than one-half of the proposed new	146
community district is contained within a joint economic	147
development district under sections 715.70 to 715.83 of the	148
Revised Code, "proximate city" means the township containing the	149
greatest portion of such district. Otherwise, "proximate city"	150
means any city that, as of the date of filing of the petition	151
under section 349.03 of the Revised Code, is the city with the	152
greatest population located in the county in which the proposed	153
new community district is located, is the city with the greatest	154
population located in an adjoining county if any portion of such	155
city is within five miles of any part of the boundaries of such	156
district, or exercises extraterritorial subdivision authority	157
under section 711.09 of the Revised Code with respect to any part	158
of such district.	159

(N) "Community activities" means cultural, educational,	160
governmental, recreational, residential, industrial, commercial,	161
distribution and research activities, or any combination thereof	162
that includes residential activities.	163

Sec. 349.03. (A) Proceedings for the organization of a new	164
community authority shall be initiated by a petition filed by the	165
developer in the office of the clerk of the board of county	166
commissioners of one of the counties in which all or part of the	167
proposed new community district is located. Such petition shall be	168
signed by the developer and may be signed by each proximate city.	169
The legislative authorities of each such proximate city shall act	170
in behalf of such city. Such petition shall contain:	171

(1) The name of the proposed new community authority;

172

(2) The address where the principal office of the authority	173
will be located or the manner in which the location will be	174
selected;	175

(3) A map and a full and accurate description of the	176
boundaries of the new community district together with a	177
description of the properties within such boundaries, if any,	178
which will not be included in the new community district. Unless	179
more than one-half of the proposed new community district is or	180
was contained within a joint economic development district under	181
sections 715.70 to 715.83 of the Revised Code or the district is	182
wholly contained within municipalities, the total acreage included	183
in such district shall not be less than one thousand acres, all of	184
which acreage shall be owned by, or under the control through	185
leases of at least seventy-five years' duration, options, or	186
contracts to purchase, of the developer, if the developer is a	187
private entity. Such acreage shall be developable as one	188
functionally interrelated community. In the case of a new	189
community authority established on or after ~~the effective date of~~	190
~~this amendment~~July 7, 2010, and before January 1, 2012, such	191
leases may be of not less than forty years' duration, and the	192
acreage may be developable so that the community is one	193
functionally interrelated community.	194

(4) A statement setting forth the zoning regulations proposed	195
for zoning the area within the boundaries of the new community	196
district for comprehensive development as a new community, and if	197
the area has been zoned for such development, a certified copy of	198
the applicable zoning regulations therefor;	199

(5) A current plan indicating the proposed development	200
program for the new community district, the land acquisition and	201
land development activities, community facilities, services	202
proposed to be undertaken by the new community authority under	203
such program, the proposed method of financing such activities and	204
services, including a description of the bases, timing, and manner	205
of collecting any proposed community development charges, and the	206
projected total residential population of, and employment within,	207
the new community;	208

(6) A suggested number of members, consistent with section	209
349.04 of the Revised Code, for the board of trustees;	210

(7) A preliminary economic feasibility analysis, including	211
the area development pattern and demand, location and proposed new	212
community district size, present and future socio-economic	213
conditions, public services provision, financial plan, and the	214
developer's management capability;	215

(8) A statement that the development will comply with all	216
applicable environmental laws and regulations.	217

Upon the filing of such petition, the organizational board of	218
commissioners shall determine whether such petition complies with	219
the requirements of this section as to form and substance. The	220
board in subsequent proceedings may at any time permit the	221
petition to be amended in form and substance to conform to the	222
facts by correcting any errors in the description of the proposed	223
new community district or in any other particular.	224

Upon the determination of the organizational board of	225
commissioners that a sufficient petition has been filed in	226
accordance with this section, the board shall fix the time and	227
place of a hearing on the petition for the establishment of the	228
proposed new community authority. Such hearing shall be held not	229
less than ninety-five nor more than one hundred fifteen days after	230
the petition filing date, except that if the petition has been	231
signed by all proximate cities, such hearing shall be held not	232
less than thirty nor more than forty-five days after the petition	233
filing date. The clerk of the board of county commissioners with	234
which the petition was filed shall give notice thereof by	235
publication once each week for three consecutive weeks, or as	236
provided in section 7.16 of the Revised Code, in a newspaper of	237
general circulation in any county of which a portion is within the	238
proposed new community district. Such clerk shall also give	239
written notice of the date, time, and place of the hearing and	240
furnish a certified copy of the petition to the clerk of the	241
legislative authority of each proximate city which has not signed	242
such petition. In the event that the legislative authority of a	243
proximate city which did not sign the petition does not approve by	244
ordinance, resolution, or motion the establishment of the proposed	245
new community authority and does not deliver such ordinance,	246
resolution, or motion to the clerk of the board of county	247
commissioners with which the petition was filed within ninety days	248
following the date of the first publication of the notice of the	249
public hearing, the organizational board of commissioners shall	250
cancel such public hearing and terminate the proceedings for the	251
establishment of the new community authority.	252

Upon the hearing, if the organizational board of	253
commissioners determines by resolution that the proposed new	254
community district will be conducive to the public health, safety,	255
convenience, and welfare, and is intended to result in the	256
development of a new community, the board shall by its resolution,	257
entered of record in its journal and the journal of the board of	258
county commissioners with which the petition was filed, declare	259
the new community authority to be organized and a body politic and	260
corporate with the corporate name designated in the resolution,	261
and define the boundary of the new community district. In	262
addition, the resolution shall provide the method of selecting the	263
board of trustees of the new community authority and fix the	264
surety for their bonds in accordance with section 349.04 of the	265
Revised Code.	266

If the organizational board of commissioners finds that the	267
establishment of the district will not be conducive to the public	268
health, safety, convenience, or welfare, or is not intended to	269
result in the development of a new community, it shall reject the	270
petition thereby terminating the proceedings for the establishment	271
of the new community authority.	272

(B) At any time after the creation of a new community	273
authority, the developer may file an application with the clerk of	274
the board of county commissioners of the county in which the	275
original petition was filed, setting forth a general description	276
of territory it desires to add or to delete from such district,	277
that such change will be conducive to the public health, safety,	278
convenience, and welfare, and will be consistent with the	279
development of a new community and will not jeopardize the plan of	280
the new community. If the developer is not a municipal	281
corporation, port authority, or county, all of such an addition to	282
such a district shall be owned by, or under the control through	283
leases of at least seventy-five years' duration, options, or	284
contracts to purchase, of the developer. In the case of a new	285
community authority established on or after ~~the effective date of~~	286
~~this amendment~~July 7, 2010, and before January 1, 2012, such	287
leases may be of not less than forty years' duration. Upon the	288
filing of the application, the organizational board of	289
commissioners shall follow the same procedure as required by this	290
section in relation to the petition for the establishment of the	291
proposed new community.	292

(C) If all or any part of the new community district is	293
annexed to one or more existing municipal corporations, their	294
legislative authorities may appoint persons to replace any	295
appointed citizen member of the board of trustees. The number of	296
such trustees to be replaced by the municipal corporation shall be	297
the number, rounded to the lowest integer, bearing the	298
proportionate relationship to the number of existing appointed	299
citizen members as the acreage of the new community district	300
within such municipal corporation bears to the total acreage of	301
the new community district. If any such municipal corporation	302
chooses to replace an appointed citizen member, it shall do so by	303
ordinance, the term of the trustee being replaced shall terminate	304
thirty days from the date of passage of such ordinance, and the	305
trustee to be replaced shall be determined by lot. Each newly	306
appointed member shall assume the term of the member's	307
predecessor.	308

Sec. 349.04. The following method of selecting a board of	309
trustees is deemed to be a compelling state interest. Within ten	310
days after the new community authority has been established, as	311
provided in section 349.03 of the Revised Code, an initial board	312
of trustees shall be appointed as follows;: the organizational	313
board of commissioners shall appoint by resolution at least three,	314
but not more than six, citizen members of the board of trustees to	315
represent the interests of present and future residents and	316
employers of the new community district and one member to serve as	317
a representative of local government, and the developer shall	318
appoint a number of members equal to the number of citizen members	319
to serve as representatives of the developer. ~~In the case of a new~~	320
~~community authority established on or after the effective date of~~	321
~~this amendment and before January 1, 2012, the citizen members may~~	322
~~represent present and future employers within the new community~~	323
~~district and any present or future residents of the district.~~	324

Members shall serve two-year overlapping terms, with two of	325
each of the initial citizen and developer members appointed to	326
serve initial one year terms. The organizational board of	327
commissioners shall adopt, by further resolution adopted within	328
one year of such resolution establishing such initial board of	329
trustees ~~adopt~~, a method for selection of successor members	330
thereof which determines the projected total population of the	331
projected new community and meets the following criteria:	332

(A) The appointed citizen members shall be replaced by	333
elected citizen members according to a schedule established by the	334
organizational board of commissioners calculated to achieve one	335
such replacement each time the new community district gains a	336
proportion, having a numerator of one and a denominator of twice	337
the number of citizen members, of its projected total population	338
until such time as all of the appointed citizen members are	339
replaced.	340

(B) Representatives of the developer shall be replaced by	341
elected citizen members according to a schedule established by the	342
organizational board of commissioners calculated to achieve one	343
such replacement each time the new community district gains a	344
proportion, having a numerator of one and a denominator equal to	345
the number of developer members, of its projected total population	346
until such time as all of the developer's representatives are	347
replaced.	348

(C) The representative of local government shall be replaced	349
by an elected citizen member at the time the new community	350
district gains three-quarters of its projected total population.	351

Elected citizen members of the board of trustees shall be	352
elected by a majority of the residents of the new community	353
district voting at elections held on the first Tuesday after the	354
first Monday in December of each year. Each citizen member except	355
an appointed citizen member shall be a qualified elector who	356
resides within the new community district. ~~In the case of a new~~	357
~~community authority established on or after the effective date of~~	358
~~this amendment and before January 1, 2012,~~The petition or the	359
organizational board of ~~directors~~commissioners, by resolution,	360
may adopt an alternative method of selection or election of	361
successor members of the board of trustees. If the alternative	362
method provides for the election of citizen members, the elections	363
may be held at the times and in the manner provided in athe	364
petition or resolution of the organizational board of	365
commissioners, and ~~the~~any elected citizen members shall be	366
qualified electors who ~~resides~~reside in the new community	367
district.	368

Citizen members shall not be employees of or have financial	369
interest in the developer. If a vacancy occurs in the office of a	370
member other than a member appointed by the developer, the	371
organizational board of commissioners may appoint a successor	372
member for the remainder of the unexpired term. Any appointed	373
member of the board of trustees may at any time be removed by the	374
organizational board of commissioners for misfeasance,	375
nonfeasance, or malfeasance in office. Members appointed by the	376
developer may also at any time be removed by the developer without	377
a showing of cause.	378

Each member of the board of trustees, before entering upon	379
official duties, shall take and subscribe to an oath before an	380
officer authorized to administer oaths in Ohio that the member	381
will honestly and faithfully perform the duties of the member's	382
office. Such oath shall be filed in the office of the clerk of the	383
board of county commissioners in which the petition was filed.	384
Upon taking the oath, the board of trustees shall elect one of its	385
number as chairperson and another as vice-chairperson, and shall	386
appoint suitable persons as secretary and treasurer who need not	387
be members of the board. The treasurer shall be the fiscal officer	388
of the authority. The board shall adopt by-laws governing the	389
administration of the affairs of the new community authority. Each	390
member of the board shall post a bond for the faithful performance	391
of official duties and give surety therefor in such amount, but	392
not less than ten thousand dollars, as the resolution creating	393
such board shall prescribe.	394

All of the powers of the new community authority shall be	395
exercised by its board of trustees, but without relief of such	396
responsibility, such powers may be delegated to committees of the	397
board or its officers and employees in accordance with its	398
by-laws. A majority of the board shall constitute a quorum, and a	399
concurrence of a majority of a quorum in any matter within the	400
board's duties is sufficient for its determination, provided a	401
quorum is present when such concurrence is had and a majority of	402
those members constituting such quorum are trustees not appointed	403
by the developer. All trustees shall be empowered to vote on all	404
matters within the authority of the board of trustees, and no vote	405
by a member appointed by the developer shall be construed to give	406
rise to civil or criminal liability for conflict of interest on	407
the part of public officials.	408

Sec. 349.06. In furtherance of the purposes of this chapter,	409
a new community authority may:	410

(A) Acquire by purchase, lease, gift, or otherwise, on such	411
terms and in such manner as it considers proper, real and personal	412
property or any estate, interest, or right therein, within or	413
without the new community district;	414

(B) Improve, maintain, sell, lease or otherwise dispose of	415
real and personal property and community facilities, on such terms	416
and in such manner as it considers proper;	417

(C) Landscape and otherwise aesthetically improve areas	418
within the new community district, including but not limited to	419
maintenance, landscaping and other community improvement services;	420

(D) Provide, engage in, or otherwise sponsor recreational,	421
educational, health, social, vocational, cultural, beautification,	422
and amusement activities and related services primarily for	423
~~residents of the district. In the case of a new community~~	424
~~authority established on or after the effective date of this~~	425
~~amendment and before January 1, 2012, such activities and services~~	426
~~may be for~~ residents of, visitors to, employees working within, or	427
employers operating businesses in the district, or any combination	428
thereof.;	429

(E) Fix, alter, impose, collect and receive service and user	430
fees, rentals, and other charges to cover all costs in carrying	431
out the new community development program;	432

(F) Adopt, modify, and enforce reasonable rules and	433
regulations governing the use of community facilities;	434

(G) Employ such managers, administrative officers, agents,	435
engineers, architects, attorneys, contractors, sub-contractors,	436
and employees as may be appropriate in the exercise of the rights,	437
powers and duties conferred upon it, prescribe the duties and	438
compensation for such persons, require bonds to be given by any	439
such persons and by officers of the authority for the faithful	440
performance of their duties, and fix the amount and surety	441
therefor; and pay the same;	442

(H) Sue and be sued in its corporate name;

443

(I) Make and enter into all contracts and agreements and	444
execute all instruments relating to a new community development	445
program, including contracts with the developer and other persons	446
or entities related thereto for land acquisition and land	447
development; acquisition, construction, and maintenance of	448
community facilities; the provision of community services and	449
management and coordinating services; with federal, state,	450
interstate, regional, and local agencies and political	451
subdivisions or combinations thereof in connection with the	452
financing of such program, and with any municipal corporation or	453
other public body, or combination thereof, providing for the	454
acquisition, construction, improvement, extension, maintenance or	455
operation of joint lands or facilities or for the provision of any	456
services or activities relating to and in furtherance of a new	457
community development program, including the creation of or	458
participation in a regional transit authority created pursuant to	459
the Revised Code;	460

(J) Apply for and accept grants, loans or commitments of	461
guarantee or insurance including any guarantees of community	462
authority bonds and notes, from the United States, the state, or	463
other public body or other sources, and provide any consideration	464
which may be required in order to obtain such grants, loans or	465
contracts of guarantee or insurance. Such loans or contracts of	466
guarantee or insurance may be evidenced by the issuance of bonds	467
as provided in section 349.08 of the Revised Code;	468

(K) Procure insurance against loss to it by reason of damage	469
to its properties resulting from fire, theft, accident, or other	470
casualties, or by reason of its liability for any damages to	471
persons or property occurring in the construction or operation of	472
facilities or areas under its jurisdiction or the conduct of its	473
activities;	474

(L) Maintain such funds or reserves as it considers necessary	475
for the efficient performance of its duties;	476

(M) Enter agreements with the boards of education of any	477
school districts in which all or part of the new community	478
district lies, whereby the community authority may acquire	479
property for, may construct and equip, and may sell, lease,	480
dedicate, with or without consideration, or otherwise transfer	481
lands, schools, classrooms, or other facilities, whether or not	482
within the new community district, from the authority to the	483
school district for school and related purposes;	484

(N) Prepare plans for acquisition and development of lands	485
and facilities, and enter into agreements with city, county, or	486
regional planning commissions to perform or obtain all or any part	487
of planning services for the new community district;	488

(O) Engage in planning for the new community district, which	489
may be predominantly residential and open space, and prepare or	490
approve a development plan or plans therefor, and engage in land	491
acquisitions and land development in accordance with such plan or	492
plans;	493

(P) Issue new community authority bonds and notes and	494
community authority refunding bonds, payable solely from the	495
income source provided in section 349.08 of the Revised Code,	496
unless the bonds are refunded by refunding bonds, for the purpose	497
of paying any part of the cost as applied to the new community	498
development program or parts thereof;	499

(Q) Enforce any covenants running with the land of which the	500
new community authority is the beneficiary, including but not	501
limited to the collection by any and all appropriate means of any	502
community development charge deemed to be a covenant running with	503
the land and enforceable by the new community authority pursuant	504
to section 349.07 of the Revised Code; and to waive, reduce, or	505
terminate any community development charge of which it is the	506
beneficiary to the extent not needed for any of the purposes	507
provided in section 349.07 of the Revised Code, the procedure for	508
which shall be provided in such covenants, and if new community	509
authority bonds have been issued pledging any such community	510
development charge, to the extent not prohibited in the resolution	511
authorizing the issuance of such new community authority bonds or	512
the trust agreement or indenture of mortgage securing the bonds;	513

(R) Appropriate for its use, under sections 163.01 to 163.22	514
of the Revised Code, any land, easement, rights, rights-of-way,	515
franchises, or other property in the new community district	516
required by the authority for community facilities. The authority	517
may not so appropriate any land, easement, rights, rights-of-way,	518
franchises, or other property that is not included in the new	519
community district.	520

(S) ~~In the case of a new community authority established on~~	521
~~or after the effective date of this amendment and before January~~	522
~~1, 2012, enter~~Enter into any agreements as may be necessary,	523
appropriate, or useful to support a new community development	524
program, including, but not limited to, cooperative agreements or	525
other agreements with political subdivisions for services,	526
materials, or products; for the administration, calculation, or	527
collection of community development charges; or for sharing of	528
revenue derived from community development charges, community	529
facilities, or other sources. The agreements may be made with or	530
without consideration as the parties determine.	531

Sec. 349.14. Except as provided in section 349.03 of the	532
Revised Code, or as otherwise provided in a resolution adopted by	533
the organizational board of commissioners~~, of a new community~~	534
~~authority established on or after the effective date of this~~	535
~~amendment and before January 1, 2012~~, a new community authority	536
organized under this chapter may be dissolved only on the vote of	537
a majority of the voters of the new community district at a	538
special election called by the board of trustees on the question	539
of dissolution. Such an election may be called only after the	540
board has determined that the new community development program	541
has been completed, when no community authority bonds or notes are	542
outstanding, and other legal indebtedness of the authority has	543
been discharged or provided for, and only after there has been	544
filed with the board of trustees a petition requesting such	545
election, signed by a number of qualified electors residing in the	546
new community district equal to not less than eight per cent of	547
the total vote cast for all candidates for governor in the new	548
community district at the most recent general election at which a	549
governor was elected. If a majority of the votes cast favor	550
dissolution, the board of trustees shall, by resolution, declare	551
the authority dissolved and thereupon the community authority	552
shall be dissolved. A certified copy of the resolution shall,	553
within fifteen days after its adoption, be filed with the clerk of	554
the board of county commissioners of the county in which the	555
petition for the organization of the new community authority was	556
filed.	557

Upon dissolution of a new community authority, the powers	558
thereof shall cease to exist. Any property of the new community	559
authority ~~which~~that is located within the corporate limits of a	560
municipality shall vest in that municipal corporation and all	561
other property of the community authority shall vest in the county	562
or township in which said property is located, as provided in the	563
resolution or petition providing for dissolution. Any vesting of	564
property in a township shall be subject to acceptance of the	565
property by resolution of the board of township trustees. Any	566
funds of the community authority at the time of dissolution shall	567
be transferred to the municipal corporation and county or	568
township, as provided in the resolution or petition providing for	569
dissolution, in which the new community district is located in the	570
proportion to the assessed valuation of taxable real property of	571
the new community authority within such municipal corporation and	572
county or township as said valuation appears on the current	573
assessment rolls.	574

Section 2. That existing sections 349.01, 349.03, 349.04,	575
349.06, and 349.14 of the Revised Code are hereby repealed.	576

Section 3. The amendments to Chapter 349. of the Revised	577
Code enacted by this act apply to any proceedings commenced after	578
the amendments' effective date, and, so far as their provisions	579
support the actions taken, also apply to proceedings that on their	580
effective date are pending, in progress, or completed,	581
notwithstanding the applicable law previously in effect or any	582
provision to the contrary in a prior resolution, ordinance, order,	583
advertisement, notice, or other proceeding. Any proceedings	584
pending or in progress on the effective date of those amendments	585
shall be deemed to have been taken in conformity with the	586
amendment.	587

The authority provided in the amendments to Chapter 349. of	588
the Revised Code of this act provide additional and supplemental	589
provisions for the subject matter that may also be the subject of	590
other laws, and is supplemental to and not in derogation of any	591
similar authority provided by, derived from, or implied by, the	592
Ohio Constitution, or any other law, including laws amended by	593
this act, or any charter, order, resolution, or ordinance, and no	594
inference shall be drawn to negate the authority thereunder by	595
reason of express provisions contained in the amendments to	596
Chapter 349. of the Revised Code enacted by this act.	597