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AN ORDINANCE TO AMEND ORDINANCE NO. 2006-013 IN ORDER TO CLARIFY REAL PROPERTY TAX EXEMPTION PRIORITY FOR CERTAIN REAL PROPERTY LOCATED IN THE CITY OF GROVEPORT, OHIO, AND THE DECLARATION OF AN EMERGENCY
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WHEREAS, the City of Groveport (the “City”) passed Ordinance No. 2006-013 (the “Original Ordinance”) on May 8, 2006, which Original Ordinance declared the improvement of certain real property located in the City to be a public purpose and declared such property to be exempt from real property taxation; and
WHEREAS, a developer of distribution centers is considering making a significant investment in the area addressed by the Original Ordinance and has requested clarification concerning the priority of real property tax exemptions in that area; and
WHEREAS, the requested clarification will make clear the City’s original intent that enterprise zone exemptions and community reinvestment area exemptions in the area are senior in priority to tax increment financing exemptions in the area, irrespective of who files the application for a tax increment financing exemption; and
WHEREAS, the requested clarification is consistent with the exemption priority for all known competitive sites throughout Central Ohio.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GROVEPORT, FRANKLIN COUNTY, OHIO, A MAJORITY OF ITS MEMBERS CONCURRING:
Section 1. Amendment of Original Ordinance. Section 2 of the Original Ordinance is hereby replaced in its entirety with the following:
“TIF Exemption. Subject to any tax exemptions granted pursuant to Ohio Revised Code Sections 3735.65 through 3735.70 or 5709.61 through 5709.69 (the "Non-TIF Exemptions"), one hundred percent (100%) of the increase- in the assessed value each of the Parcels and of the improvements on each of the Parcels subsequent to the effective date of this Ordinance (which increase in assessed value is hereinafter referred to as the "Improvement" as defined in Ohio Revised Code Section 5709.40(A)) shall be exempt from real property taxation (the "TIF Exemption"), for a period commencing with the tax year in which the Improvement first appears on the tax list and duplicate of real and public utility property for such Parcel and that begins after the effective date of this Ordinance (the "Commencement Date") and ending on the earlier of (a) the thirtieth (30th) anniversary of such Commencement Date or (b) the date on which the Village has fully paid all of the Obligation and Interest (each as defined below), all in accordance with the requirement of the TIF Statutes (the "Exemption Period"). It is hereby found and determined that the percentage of the TIF Exemption for the Improvements (100%) does not exceed the estimated percentage of the incremental demand placed on the Public Improvements that is directly attributable to the Improvements (100%). The TIF Exemption shall take effect with respect to a Parcel when the respective Improvements to such Parcel are made and an exemption therefore is claimed in the manner provided for hereinabove.
For avoidance of doubt, the TIF Exemption will be subordinate to the Non-TIF Exemptions irrespective of who files the application for the TIF Exemption under Ohio Revised Code Section 5709.911.”
Section 2. Remaining Portions of Original Ordinance to Remain in Effect. Except as amended by this ordinance, all terms, covenants and conditions of the Original Ordinance as heretofore in effect shall remain in full force and effect, and as amended and modified hereby, all of the terms, covenants and conditions of the Original Ordinance are hereby ratified and affirmed in all respects.
Section 3. Effective Date. That this Ordinance be deemed an emergency measure immediately necessary for the preservation of the health, safety, and general welfare of the community as this legislation must be enacted in a timely manner to clarify the real property tax exemption priority as to the tract in question. WHEREFORE, this Ordinance shall take effect upon its passage by Council and signature of the Mayor.
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Lance Westcamp, Mayor
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Ruthanne Sargus Ross, Clerk of Council
Approved as to form:
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Kevin C. Shannon, Law Director