Ohio CIC Plan
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CITY OF NORTH CANTON, OHIO THIS AGREEMENT AND PLAN, entered into as of the _______ day of _____________, 1980, by and between the City of North Canton, Ohio, a municipal corporation organized and existing under the Constitution and laws of the State of Ohio (the “Municipality”) and the North Canton Community Improvement Corporation, a community improvement corporation organized and existing as a corporation not for profit under the laws of the State of Ohio (the “Corporation”); WHEREAS, in accordance with Section 1724.10 of the Ohio Revised Code, the Corporation has been designated as the agency and instrumentality of the Municipality for the industrial, commercial, distribution and research development in the Municipality; and WHEREAS, the Corporation and Municipality desire to enter into an Agreement pursuant to said Section 1724.10; and WHEREAS, the Corporation has prepared a Plan of Industrial, Commercial, Distribution and Research Development for the Municipality (the “Plan”) which has been confirmed by the legislative authority of the Municipality; and WHEREAS, the Corporation and Municipality desire to incorporate the terms and provisions of the Plan into this Agreement so that this Agreement shall embody and constitute the plan of industrial, commercial, distribution and research development provided for in said Section 1724.10. NOW, THEREFORE, the Municipality and the Corporation do hereby agree as follows: ARTICLE I The Plan The initial Plan of Industrial, Commercial, Distribution and Research Development for the Municipality shall be to advance, encourage and promote the industrial, commercial, distribution and research development of the Municipality in that manner which;
Such initial Plan May be amended and supplemented from time to time by the Corporation and to that end: a. The Corporation, as requested by the legislative authority of the Municipality, shall prepare and maintain a current inventory and catalog of lands, buildings, or other improvements within the Municipality which are or may become available and suitable for the location, relocation, expansion, modernization or conversion of or to industrial, commercial, distribution or research development facilities in furtherance of this Agreement and Plan and the accomplishment of its purposes.The Corporation from time to time will supplement and amend any such inventory and catalog in order that it may be currently maintained. b.The Corporation, as requested by the legislative authority of the Municipality, shall cause the preparation of an analysis of the social, economic, geographic and other advantages which the Municipality can offer in support of industrial, commercial, distribution or research development in a form suitable for distribution to those which the Corporation seeks to interest in such development in the Municipality. ARTICLE II Actions in Furtherance of Plan In furtherance of the Plan as from time to time amended the Corporation: 1.As the agency and instrumentality of the Municipality, shall advance, encourage and promote the maintenance, location, relocation, expansion, modernization and equipment of buildings, structures and appurtenant facilities, and the acquisition of sites therefor for lease or sale by the Corporation for industrial, commercial, distribution and research development activities with the Municipality.Any real or personal property, or both, proposed for acquisition, by gift or purchase, construction, improvement or equipment for such purpose is referred to herein as a “Development Project.” 2.From time to time shall prepare and present to the executive and legislative authorities of the Municipality recommendations for action to be taken in aid of industrial, commercial distribution and research development in the Municipality.Where appropriate, such recommendations shall include the location, relocation, construction, expansion, modernization, modification or improvement of municipal facilities or services.The Corporation shall review any Development Project proposed to be financed by the Municipality pursuant to the authority granted by Article VIII, Section 13, Ohio Constitution and Chapter 165 of the Ohio Revised Code, to determine whether or not such Development Project is in accordance with this Agreement and Plan and following such review shall certify to such Municipality its determination; provided, that if the legislative authority of such Municipality shall have issued a written request to the Ohio Development Financing Commission to provide the financing, then the Corporation shall make the aforesaid determination and issue its certification of that determination to the Ohio Development Financing Commission. 3.May cause advertising, promotional and educational material to be prepared, printed or otherwise reproduced and distributed and otherwise made available to such extent and in such manner as in the judgment of the Corporation will best assist the industrial, commercial, distribution and research development in the Municipality. 4.May contact and solicit any person, firm or corporation (“Employer”) which then or in the immediate future is likely to or may be induced to locate, relocate, expand, modify or improve industrial, commercial, distribution or research activities or facilities within the Municipality or which then or in the immediate future threatens to terminate or reduce employment in any such activities or facilities then existing within the Municipality in order to induce said Employer to locate, relocate, expand, modify, improve or maintain its said industrial, commercial, distribution or research activities or facilities in the Municipality; provided, that such inducement will be in accord with the policy of the Municipality to promote the health, safety, morals and general welfare of its inhabitants and will further the purpose of creating or preserving jobs and employment opportunities and improving the economic welfare of the people. 5.Shall advance, encourage and promote the establishment, growth and maintenance in the Municipality of industrial, commercial, distribution and research facilities in accordance with and in furtherance of the purposes set forth in Section 1 of this Agreement and Plan:
6.Is hereby authorized to sell or to lease any lands or interests in lands owned by the Municipality determined from time to time by its legislative authority not to be required by the Municipality for its purposes, for uses determined by the legislative authority as those that will promote the welfare of the people of the Municipality, stabilize the economy, preserve, maintain or provide employment, and assist in the development of industrial, commercial, distribution and research activities for the benefit of the people of the Municipality and will preserve, maintain or provide additional opportunities for their gainful employment.The legislative authority shall specify the consideration for such sale or lease and any other terms thereof.Any determination made by the legislative authority under this paragraph of this Agreement and Plan shall be conclusive.The Corporation acting through its officers and on behalf and as agent of the Municipality shall execute the necessary instruments, including deeds conveying the title of the Municipality or leases, to accomplish such sale or lease.Such conveyance or lease shall be made without advertising and receipt of bids.A copy of this Agreement and Plan shall be recorded in the office of the county recorder of the County in which the Municipality is located, prior to the recording of a deed or lease executed pursuant to this Agreement and Plan. ARTICLE III Miscellaneous 1.The Municipality may convey to the Corporation lands and interest in lands owned by the Municipality and determined by its legislative authority not to be required by the Municipality for its purposes, and that such conveyance of such land or interests in land will promote the welfare of the people of the Municipality, stabilize the economy, provide employment and assist in the development of industrial, commercial, distribution and research activities to the benefit of the people of the Municipality and preserve, maintain or provide additional opportunities for their gainful employment.The consideration for any such lands and interests in lands so conveyed shall be the fair market value thereof as determined by a qualified appraiser, designated and employed by the Municipality, and confirmed by its legislative authority.The Corporation may also, as agency for such development, acquire from others additional lands or interests in lands and may convey lands or interests in land provided, however, that any lands or interests in land the Corporation may so acquire or convey shall be so acquired or conveyed for uses that will promote the welfare of the people of the Municipality, stabilize the economy, preserve, maintain or provide employment, and assist in the development of industrial, commercial, distribution and research activities required for the people of the Municipality and for their gainful employment.Any conveyance or lease by the Municipality to the Corporation shall be made without advertising and receipt of bids.If any lands or interests in lands conveyed by the Municipality to the Corporation are sold by the Corporation at a price in excess of the consideration received by the Municipality from the Corporation therefore, such excess shall be paid to the Municipality after deducting therefrom the following costs to the extent incurred by the Corporation:the costs of acquisition and sale by the Corporation, taxes, assessments, costs of maintenance, costs of improvements to the land by the Corporation, debt service charges of the Corporation attributable to such lands or interests, and a reasonable service fee determined by the Corporation 2.The Municipality shall not be required to make any financial contributions to the Corporation and nothing in this Agreement and Plan shall be construed as permitting the Corporation to obligate the Municipality except as expressly set forth in this Agreement and plan. 3.All costs of the Corporation shall be paid solely from the funds of the Corporation and the Municipality need not contribute any moneys to the Corporation to meet its costs.In no event shall any moneys raised by taxation be obligated or pledged for the payment of any bonds or other obligations issued or guarantees made pursuant to this Agreement and Plan. 4.Not less than two-fifths of the governing board of the Corporation shall be comprised of appointed or elected officers of the Municipality or other political subdivision designating the Corporation as its agency pursuant to Section 1724.10 of the Ohio Revised Code. 5. In the event of any voluntary or involuntary dissolution or liquidation of the Corporation, or in the event of failure to reinstate the Articles of Incorporation of the Corporation after cancellation thereof, any remaining assets of the Corporation shall be paid over and distributed as determined by the governing body of the Corporation with the approval of the Court of Common Pleas of the county in which this municipality is located, to one or more political subdivisions of the State of Ohio from which on the date of the dissolution, liquidation or cancellation of the Articles of the Corporation there exists a designation of the Corporation to act as agent for industrial, commercial, distribution and research development, to be used exclusively for designated civic projects or public charitable purposes. 6.The term of this Agreement and Plan shall commence on the date of its making and shall continue in effect thereafter except as otherwise in this paragraph provided.Upon the expiration of twelve months after either party shall have given to the other party notice of intention to withdraw from this Agreement and Plan, no further actions, agreements, contracts, liabilities or obligations shall be initiated or incurred pursuant to this Agreement and plan, but any action, agreement, contract, liability or obligation which has been commenced, entered into, initiated or incurred prior to the expiration of such twelve month period shall not be affected by such withdrawal and this Agreement and Plan shall remain in full force and effect as to any such action, agreement, contract, liability or obligation and the Corporation shall continue as the agency of the Municipality under this Agreement and Plan and the designation made by the legislative authority of the Municipality in the ordinance confirming and authorizing this Agreement and Plan, as to all such actions, agreements, contracts, liabilities or obligations.Notice of withdrawal shall be given to the Municipality by delivering a copy of such notice to the office of the Clerk of the legislative authority of the Municipality and to the Corporation by delivering a copy of such notice to the person in charge of its principal office. 7.No provision, term or covenant contained in this Agreement and Plan shall be construed as prohibiting or limiting the Municipality from independently exercising any and all powers it may have under the Constitution of the State of Ohio, Chapter 165 of the Ohio Revised Code, or any other law. 8.This Agreement and Plan may be amended or supplemented from time to time as desired and approved by the legislative authority of the Municipality and the Board of Trustees of the Corporation. IN WITNESS WHEREOF, the Municipality and the Corporation, by their duly authorized officers, have caused this Agreement and Plan to be executed as of the day and year first above written.
NORTH CANTON COMMUNITY By: Dean Sterling President Attest: Thomas Treadon CITY OF NORTH CANTON, OHIO By: Dennis Grady
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