Common use of Powers, Duties, Functions Clause in Contracts

Powers, Duties, Functions. The Board shall meet at least once each calendar year on a date determined by the Board, provided that the first meeting of the Board shall be within 30 days after this Contract becomes effective, on a date agreed to by the Contracting Parties. The Board shall adopt procedures for holding and conducting regular and special meetings. The Board shall establish a mailing address and shall hold its meetings at such location as is determined by the Board from time to time. For the purpose of conducting a Board meeting, the attendance of at least three members shall be required and shall constitute a quorum; provided that if the Board is composed of less than four members, at least two of those members shall constitute a quorum. The Board shall act through resolutions adopted by the Board. A resolution must receive the affirmative vote of at least three members of the Board to be adopted; provided that if the Board is composed of less than four members, a resolution must receive the affirmative vote of at least two members of the Board to be adopted. A resolution adopted by the Board shall be immediately effective unless otherwise provided in that resolution or by Section 715.72 of the Revised Code. The Board may adopt Bylaws for the regulation of the affairs of the Board and the conduct of the business of the Board consistent with this Contract. The Bylaws shall be in substantially the form as attached as Exhibit B hereto. The Bylaws may be amended or supplemented from time to time by the Board. The Chairperson shall preside over and conduct the meetings of the Board in accordance with its Bylaws or other procedures adopted by the Board. The Chairperson may call special meetings of the Board by giving notice of such meeting, as provided in the Bylaws, to each member delivered to his or her residence or place of business by personal delivery, first class mail or electronic mail. Any three members of the Board may also call a special meeting by providing the same notice. The Vice Chairperson shall act as Chairperson in the temporary absence, incapacity, resignation or removal of the Chairperson. The Secretary shall be the records officer of the Board and shall have those duties as set forth in the Bylaws. The Treasurer shall be the fiscal officer of the Board and shall have those duties as set forth in the Bylaws. The Bylaws shall designate those Officers who may sign documents on behalf of the Board and those Officers who are required to obtain a fiduciary bond in connection with their duties to the District. The Board shall adopt an annual budget for the District. The fiscal year of the District shall be the same as the fiscal year of Farmersville. The budget shall estimate the revenues of the District and expenses of the District. The Board shall provide a copy of the annual budget to the Contracting Parties promptly after its adoption. The Board shall establish an appropriations procedure to provide for payment of the expenses of the District and the distribution of income tax revenues pursuant to and consistent with this Contract. The Board shall establish and maintain such funds or accounts as it deems necessary, either of its own, or in conjunction with or through the Contracting Parties. The Board is authorized to take such necessary and appropriate actions, or establish such programs, to facilitate economic development in the District in accordance with the purposes of this Contract and the funds appropriated or available for such actions or programs. The Board may enter into an agreement with any of the Contracting Parties to administer and implement employment and discharge of, and salaries, benefits and work rules established for, employees of the District. All costs of employment, including but not limited to, compensation, salaries, benefits, taxes and insurance, shall be paid from revenues of the District. None of the Contracting Parties shall be the employer and shall have no responsibility or liability for any costs of employment or any other costs, expenses or liabilities arising from such employment. This Contract grants the Board the power and authority to adopt a resolution to levy an income tax within the District in accordance with Section 715.72(F)(5) of the Revised Code and Section 10 hereof. The Board is authorized to do all acts and things necessary or convenient to carry out the powers granted in this Contract, including but not limited to: Apply for, receive and accept from any federal agency, state agency, or other person or entity grants for or in aid of the construction, maintenance or operation of any District facility, or for programs or other projects of the District, and receive and accept aid or contributions from any source of money, property, labor or other things of value, to be held, used and applied only for the benefit of the District and the purposes for which such grants, aid or contributions are made. Purchase liability insurance protecting the District, its Board or Officers against any liability and/or purchase any necessary bonds to insure any Officer. Adopt a resolution to levy an earnings tax within the District in accordance with Ohio Revised Code Section 715.72(F)(5) and Section 10 hereof. In accordance with Section 715.72(T) of the Revised Code, Germantown and Farmersville may exercise all of the powers of a municipal corporation, and may perform all of the functions and duties of a municipal corporation, within the District, including but not limited to, those powers, functions and duties set forth elsewhere in this Contract, as well as such others that are determined by Germantown or Farmersville to be necessary to carry out the purposes of this Contract, all of which such exercise and performance shall be deemed to be pursuant to and consistent with this Contract. In accordance with Section 715.72(T) of the Revised Code, German and Xxxxxxx may exercise all of the powers of a township, and may perform all of the functions and duties of a township, within the District, including but not limited to, those powers, functions and duties set forth elsewhere in this Contract, as well as such others that are determined by German or Xxxxxxx to be necessary to carry out the purposes of this Contract, all of which such exercise and performance shall be deemed to be pursuant to and consistent with this Contract. The Contracting Parties agree that German shall have the right, in its sole and absolute discretion, to grant real property tax exemptions, pursuant to Sections 5709.73 et seq. of the Ohio Revised Code (Tax Increment Exemptions), within the District for any purpose permitted by said statutes. Furthermore, the Contracting Parties agree that German shall have the right, in its sole and absolute discretion, to grant all other incentive and real property tax exemptions within the District as otherwise permitted under the Ohio Revised Code, including requesting Enterprise Zone exemptions pursuant to Section 5709.63 of the Ohio Revised Code, or Community Reinvestment Area exemptions pursuant to Section 3735.67, granted by the County. The Contracting Parties consent to the use of these incentives and exemptions by German or the County at the German’s request and agrees that no further consent is required from the Contracting Parties.

Powers, Duties, Functions. The Board shall meet at least once each calendar year on a date determined by the Board, provided that the first meeting of the Board shall be occur within 30 one hundred twenty (120) days after this Contract becomes effective, on a date agreed to by of the Contracting PartiesEffective Date. The Board shall adopt procedures for holding and conducting regular and special meetings. Meetings may be held at the offices of the Township or at other locations within the Township as determined by the Board. The principal office and mailing address of the District and the Board shall establish a mailing address be determined by the Board at its first meeting and shall hold its meetings at such location as is determined may be changed by the Board from time to time. For The Board may maintain an office within the purpose of conducting a Board meeting, the attendance of at least three members shall be required and shall constitute a quorum; provided that if Township. If the Board is composed consists of less than four three members, at least a minimum of two of those members shall constitute a quorumquorum for Board meeting purposes. If the Board consists of five members, a minimum of three members shall constitute a quorum for Board meeting purposes. The Board shall act through resolutions adopted by the Board. A resolution must receive In the affirmative vote case of at least three members of the Board to be adopted; provided that if the Board is composed of less than four membersa three-member Board, a resolution must receive the affirmative vote of at least two members of the Board to be adopted. In the case of a five-member Board, a resolution must receive the affirmative vote of at least three members of the Board to be adopted. A resolution adopted by the Board shall be immediately effective unless otherwise provided in that resolution or by Section 715.72 of the Revised Coderesolution. The Board may adopt Bylaws by-laws for the regulation of the its affairs of the Board and the conduct of the its business of the Board consistent with this Contract. The Bylaws shall be in substantially the form as attached as Exhibit B hereto. The Bylaws may be amended or supplemented from time to time by the Board. The Chairperson shall preside over and conduct the meetings of the Board in accordance with its Bylaws by-laws or other procedures adopted by the Board. The Chairperson or any two other members of the Board may call special meetings of the Board by giving 24-hour written notice of such meeting, as provided in the Bylaws, meeting to each member delivered to his or her residence or place of business by personal delivery, first class mail or electronic mail. Any three members of the Board may also call a special meeting by providing the same noticebusiness. The Vice Chairperson shall act as Chairperson in the temporary absence, incapacity, resignation or removal absence of the Chairperson. The Secretary shall be responsible for the records officer of the Board including, but not limited to, correspondence and shall have those duties as set forth in minutes of the Bylawsmeetings of the Board. The Treasurer shall be the fiscal officer of the Board and shall have those duties as set forth in be responsible for all fiscal matters of the BylawsBoard including, but not limited to, the preparation of the budget and the appropriations resolution, paying or providing for the payment of expenses of operation of the Board, receiving, safekeeping and investing, or providing for the receipt, safekeeping and investment of, funds of the Board and maintaining, or providing for the maintenance of, accurate accounts of all receipts and expenditures. The Bylaws Board shall designate by resolution, or in its by-laws, those Officers who may sign documents on behalf of the Board and those Officers who are required to obtain a fiduciary bond in connection with their duties to the DistrictBoard. The Board shall adopt an annual budget for the District. The fiscal year of the District shall be the same as the fiscal year of Farmersvillethe Township (which is currently January 1 through December 31). The budget shall estimate the revenues of the District and expenses of the District. The Board shall provide a copy operation of the annual budget to the Contracting Parties promptly after its adoptionDistrict. The Board shall establish an appropriations procedure to provide for payment of the operating expenses of the District District. The Board, on behalf of the District, shall maintain a system of accounting established and administered in accordance with generally accepted accounting principles applicable to government entities and consistently applied, in such form as required by the distribution State of income tax revenues pursuant to and consistent with this ContractOhio. The Board shall establish furnish to the Worthington Director of Finance and maintain such funds or accounts as it deems necessary, either of its own, or in conjunction with or through the Contracting Parties. The Board is authorized to take such necessary and appropriate actions, or establish such programs, to facilitate economic development in the District in accordance with the purposes of this Contract and the funds appropriated or available for such actions or programs. The Board may enter into an agreement with any representatives of the Contracting Parties to administer Township as soon as available and implement employment and discharge of, and salaries, benefits and work rules established for, employees in any event within seventy-five (75) days after the end of each fiscal year the District. All costs of employment, including but not limited to, compensation, salaries, benefits, taxes and insurance, shall be paid from revenues of the District. None of the Contracting Parties shall be the employer and shall have no responsibility or liability for any costs of employment or any other costs, expenses or liabilities arising from such employment. This Contract grants the Board the power and authority to adopt a resolution to levy an income tax within the District in accordance with Section 715.72(F)(5) of the Revised Code and Section 10 hereof. The Board is authorized to do all acts and things necessary or convenient to carry out the powers granted in this Contract, including but not limited to: Apply for, receive and accept from any federal agency, state agency, or other person or entity grants for or in aid of the construction, maintenance or operation of any District facility, or for programs or other projects of the District, and receive and accept aid or contributions from any source of money, property, labor or other things of value, to be held, used and applied only for the benefit of the District and the purposes for which such grants, aid or contributions are made. Purchase liability insurance protecting the District, its Board or Officers against any liability and/or purchase any necessary bonds to insure any Officer. Adopt a resolution to levy an earnings tax within the District in accordance with Ohio Revised Code Section 715.72(F)(5) and Section 10 hereof. In accordance with Section 715.72(T) of the Revised Code, Germantown and Farmersville may exercise all of the powers of a municipal corporation, and may perform all of the functions and duties of a municipal corporation, within the District, including but not limited to, those powers, functions and duties set forth elsewhere in this Contract, as well as such others that are determined by Germantown or Farmersville to be necessary to carry out the purposes of this Contract, all of which such exercise and performance shall be deemed to be pursuant to and consistent with this Contract. In accordance with Section 715.72(T) of the Revised Code, German and Xxxxxxx may exercise all of the powers of a township, and may perform all of the functions and duties of a township, within the District, including but not limited to, those powers, functions and duties set forth elsewhere in this Contract, as well as such others that are determined by German or Xxxxxxx to be necessary to carry out the purposes of this Contract, all of which such exercise and performance shall be deemed to be pursuant to and consistent with this Contract. The Contracting Parties agree that German shall have the right, in its sole and absolute discretion, to grant real property tax exemptions, pursuant to Sections 5709.73 et seq. of the Ohio Revised Code (Tax Increment Exemptions), within the District for any purpose permitted by said statutes. Furthermore, the Contracting Parties agree that German shall have the right, in its sole and absolute discretion, to grant all other incentive and real property tax exemptions within the District as otherwise permitted under the Ohio Revised Code, including requesting Enterprise Zone exemptions pursuant to Section 5709.63 of the Ohio Revised Code, or Community Reinvestment Area exemptions pursuant to Section 3735.67, granted by the County. The Contracting Parties consent to the use of these incentives and exemptions by German or the County at the German’s request and agrees that no further consent is required from the Contracting Parties.following reports: