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A RESOLUTION TO ACCEPT THE RECOMMENDATIONS OF THE 2023 GROVEPORT TAX INCENTIVE REVIEW COUNCIL (TIRC) REGARDING THE CONTINUATION, MODIFICATION, OR CANCELLATION OF ALL PROPERTY TAX INCENTIVES BASED ON THE EVALUATION OF REPORTING YEAR 2022, AND THE DECLARATION OF AN EMERGENCY
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The annual City of Groveport (the “City”) Tax Incentive Review Council (the “TIRC”) was held on August 29, 2023 to evaluate the compliance status of the City’s property tax related incentives - Enterprise Zone Abatement Agreements, Pre-1994 Community Reinvestment Area Abatements (not memorialized in agreements), Post-1994 Community Reinvestment Area Abatement Agreements, and Tax Increment Financing Districts - for Reporting Year 2022 (defined as the period from January 1, 2022 to December 31, 2022).
Ohio Revised Code Section 5709.85 stipulates that the TIRC shall meet to determine whether the agreement (if applicable) complies with the requirements of Ohio Revised Code Section 5709.28 or before the first day of September of each year, the TIRC must submit to the legislative authority written recommendations for continuation, modification, or cancellation of each property tax related incentive. Additionally, a legislative authority that receives such recommendations must, within sixty (60) days of receipt, hold a meeting and vote to accept, reject, or modify all or any portion of the recommendations. This action was not taken by the City of Groveport within the required time period in 2023. This resolution is presented to rectify that oversight.
The recommendations of the TIRC were presented to Groveport City Council (“City Council”) in a document from the Groveport Development Director dated March 26, 2024 titled “2023 Groveport Tax Incentive Review Council Recommendations.” This resolution is requested to be considered to fulfill the stipulations set forth in Section 5709.85 of the Ohio Revised Code and by this resolution will accept the recommendations of the 2023 TIRC.
WHEREAS, the City of Groveport, Franklin County, Ohio has the statutory authority to create various zones that provide economic development incentives, which may include Enterprise Zone Abatement Agreements, Pre-1994 Community Reinvestment Area Abatements (not memorialized in agreements), Post-1994 Community Reinvestment Area Abatement Agreements, and Tax Increment Financing Districts; and
WHEREAS, upon the creation of such zones, the City may consider entering into agreements with private sector entities engaged in economic development which divert or abate property tax revenues as an incentive to encourage particular economic development projects to occur; and
WHEREAS, in the creation of these zones, Ohio Revised Code Section 5709.85 provides that a Tax Incentive Review Council shall be required to review these agreements between the City and the private sector entities to evaluate compliance to the terms of the agreements; and
WHEREAS, the recommendations of the Tax Incentive Review Council are required to be forwarded to City Council, City Council is required to act upon those recommendations through this legislation, and finally, this resolution must be tendered to the Franklin County Auditor's Office by the end of the year in which it is acted upon; and
WHEREAS, an emergency exists in the usual daily operation of the Groveport Department of Development in that it is immediately necessary to authorize the acceptance of the recommendations of the 2023 Tax Incentive Review Council in order to both implement the recommendations in an expedient manner and to possibly adjust the monitoring and administration of economic development agreements.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GROVEPORT:
Section 1. That Groveport City Council hereby accepts, approves, and ratifies the written recommendations presented by the Tax Incentive Review Council (see attached “2023 Groveport Tax Incentive Review Council Recommendations”), which are attached to this resolution and incorporated herein by reference, thus fulfilling the obligations set forth in Ohio Revised Code Section 5709.85.
Section 2. That the Groveport Development Director is hereby directed to notify any and all local and state agencies, as necessary, regarding this resolution.
Section 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this resolution is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor.
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Lance Westcamp, Mayor
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Mindy Kay
Clerk of Council
Approved as to form:
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Kevin C. Shannon, Law Director