Granville Community Calendar

Ordinance No. 18-2013 DEFEATED

DEFEATED

 

ORDINANCE NO. 18-2013 

AN ORDINANCE DECLARING IMPROVEMENTS TO CERTAIN REAL PROPERTY TO BE A PUBLIC PURPOSE AND EXEMPT FROM REAL PROPERTY TAXES; SPECIFYING THE PUBLIC INFRASTRUCTURE IMPROVEMENTS THAT, ONCE MADE, WILL DIRECTLY BENEFIT THAT PROPERTY; REQUIRING THE OWNERS OF THAT PROPERTY TO MAKE SERVICE PAYMENTS IN LIEU OF TAXES; ESTABLISHING A MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT EQUIVALENT FUND; APPROVING AND AUTHORIZING THE EXECUTION OF A TAX INCREMENT FINANCING AGREEMENT AND A COMPENSATION AGREEMENT; CREATING A TAX INCENTIVE REVIEW COUNCIL; ESTABLISHING NON-DISCRIMINATORY HIRING POLICIES; AND PROVIDING RELATED AUTHORIZATIONS PURSUANT TO OHIO REVISED CODE SECTIONS 5709.40(B), 5709.42, 5709.43 AND 5709.85

 

WHEREAS, Ohio Revised Code Sections 5709.40, 5709.42 and 5709.43 (the “TIF Statutes”) and particularly, Section 5709.40(B) thereof, provide that this Council of the Village of Granville, Ohio (the “Village”) may, under certain circumstances, (i) declare improvements to industrial and commercial real property located in the Village to be a public purpose, thereby exempting those improvements from real property taxation for a specific period of time, (ii) specify public infrastructure improvements made, to be made, or in the process of being made, that directly benefit, or that once made, will directly benefit that real property, (iii) provide for the making of service payments in lieu of taxes by the owners of that real property, (iv) establish a municipal public improvement tax increment equivalent fund into which those payments will be deposited, and (v) compensate a school district; and 

WHEREAS, this Council anticipates that the present and future owners (each an “Owner”, and collectively, the “Owners”) of the real property described in Exhibit A attached to this ordinance, as currently or subsequently configured (the “Property”), will be constructing the improvements described in Exhibit B attached to this ordinance (the “Project”, and a Project as defined in the TIF Statutes) on the Property; and 

WHEREAS, the public infrastructure improvements described in Exhibit C attached to this ordinance (the “Public Infrastructure”) will directly benefit the Property; and 

WHEREAS, it is in the best interest of the Village to declare the applicable increase in the true value to the Property (the “Improvements”, each of which is an Improvement as defined in the TIF Statutes) to be a public purpose and to provide an exemption from real property taxes as set forth in this ordinance; and 

WHEREAS, it is necessary and appropriate and in the best interests of the Village to provide for the payment of service payments in lieu of taxes with respect to the Improvements pursuant to the TIF Statutes; and 

WHEREAS, notice of this Council’s intention to declare 100% of the Improvements exempt from real property taxes and to pass this ordinance was delivered at least 14 days prior to the passage of this ordinance to the Board of Education of the Granville Exempted Village School District and the Board of Education of the Career and Technology Education Centers (together, the “School Districts”) containing the information required by Ohio Revised Code Sections 5709.40 and 5709.83, and this Council ratifies and affirms the delivery of the notice; and 

WHEREAS, this ordinance provides that annual payments shall be made to the School Districts equal to the amount of real property taxes that would have been payable to the School Districts had the Improvements not been exempted from taxation pursuant to this ordinance, and, therefore, pursuant to Section 5709.40(D)(1) of the TIF Statutes, approval of this ordinance by the Boards of Education of the School Districts is not required; and

WHEREAS, this Council desires that the Public Infrastructure be constructed; and 

WHEREAS, this Council desires that a portion of the costs of the Public Infrastructure, and the debt service on any debt issued by the Village to pay costs of the Public Infrastructure, be paid from the payments in lieu of taxes made in respect with the Improvements; and 

WHEREAS, Ohio Revised Code Section 5709.85(A) requires the legislative authority of any municipal corporation granting an exemption from taxation under Ohio Revised Code Section 5709.40 to create a tax incentive review council (“TIRC”), which TIRC is required to perform an annual review of exemptions from taxation granted pursuant to Ohio Revised Code Section 5709.40; and

WHEREAS, pursuant to Ohio Revised Code Section 5709.832, the legislative authority of any municipal corporation that grants an exemption from taxation under Ohio Revised Code Section 5709.40 must develop policies that ensure that the recipient of the exemption practices nondiscriminatory hiring in its operations;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Granville, Ohio, that: 

Section 1. This Council hereby determines and finds that it is in the best interests of the Village to declare the Improvements to the Property to be a public purpose and to grant an exemption from a portion of the real property taxes on those Improvements. This Council further finds and determines that (a) the Improvements to the Property subsequent to the effective date of this ordinance are hereby declared to be a public purpose, and (b) 100% of the Improvements shall be exempt from real property taxation for a period commencing with the tax year the construction of an Improvement is completed after the effective date of this ordinance and ending on the earlier of (i) 30 years after such date or (ii) the date on which the Village can no longer require service payments in lieu of taxes, all in accordance with the TIF Statutes. To the extent permitted by law, such property tax exemption shall commence in different tax years on a parcel-by-parcel basis, with a separate above-described exemption term for each parcel. 

Section 2. Each Owner of the Property, or any portion thereof, is hereby required to, and shall make, service payments in lieu of taxes to the Treasurer of Licking County (the “County Treasurer”) on or before the final dates for payment of real property taxes, which service payments shall be remitted to the Village for deposit in the TIF Fund (as defined below), pursuant to TIF Statutes and as provided in Section 4 of this ordinance. Each payment shall be in the same amount as the real property taxes that would have been charged and payable against 100% of the Improvements (after credit for any other payments received by the Village under Ohio Revised Code Section 319.302) had an exemption from taxation not been granted, and otherwise shall be in accordance with the requirements of the TIF Statutes. Any late payments shall be subject to penalty and bear interest at the then current rate established under Ohio Revised Code Sections 323.121(B)(1) and 5703.47, as the same may be amended from time to time, or any successor provisions thereto, as the same may be amended from time to time (the payment of penalties and interest are collectively referred to herein with the payments in lieu of taxes and any related amounts received by the Village under Ohio Revised Code Section 319.302 as the “Service Payments”). The Service Payments, and any other payments in connection with 100% of the Improvements which are received by the County Treasurer in connection with reduction required by Ohio Revised Code Section 319.302, as the same many be amended from time to time, or any successor provisions thereto as the same may be amended from time to time (the “Property Tax Rollback Payments”) shall be allocated and deposited in accordance with Section 4 of this ordinance. 

Section 3. This Council finds and determines that the Public Infrastructure constitute public infrastructure improvements that, once made, will directly benefit the Property. 

Section 4. This Council hereby authorizes and directs the Director of Finance of the Village (the “Finance Officer”) to establish pursuant to and in accordance with the provisions of Ohio Revised Code Section 5709.43, the Columbus Road-Weaver Drive Municipal Public Improvement Tax Increment Equivalent Fund (the “TIF Fund”) to be maintained in the custody of the Village. The TIF Fund shall receive all Service Payments and Property Tax Rollback Payments made in respect of the Improvements which are paid to the Village in accordance with this ordinance. The Finance Officer is further authorized to establish any accounts or subaccounts within the TIF Fund that the Finance Officer deems appropriate. 

 Amounts deposited in the TIF Fund shall be used to pay costs of constructing the Public Infrastructure, including payment of debt service on debt issued to pay those costs, and to compensate the School Districts. 

 The TIF Fund shall remain in existence so long as the Service Payments are collected and used for the aforesaid purposes, after which the TIF Fund shall be dissolved in accordance with the TIF Statutes. Upon such dissolution, any incidental surplus remaining in the TIF Fund shall be disposed as provided in the TIF Statutes.

 Pursuant to Sections 5709.40 and 5709.42 of the TIF Statutes, the County Treasurer shall distribute to the School Districts solely from those payments in lieu of real property taxes provided for in Section 2 of this ordinance, and at the same time and in the same manner as real property tax payments, amounts equal to the amounts that the School Districts would otherwise receive as real property tax payments derived from the Improvements absent the passage of this ordinance. If in any year the County Treasurer does not make such distributions to the School Districts, the Village shall pay such amounts to the School Districts, but solely from moneys in the TIF Fund. 

 It is the intention of this Council that each year, the Village shall pay to the Township of Granville, in Licking County, Ohio (the “Township”), an amount equal to the real property tax revenues from the Township’s fire and medical service property tax levies derived from the Improvements that the Township would otherwise receive during such year as absent the passage of this ordinance. Such payments shall be made solely from moneys in the TIF Fund if and when the TIF Statutes are amended to permit such payments; otherwise, such payments shall be made only to the extent that legally available amounts from other Village funds are appropriated for the purpose for such year. The payments required to be made by the Village pursuant to this paragraph do not constitute a debt or pledge of the faith, credit or taxing power of the Village, and neither the Township nor any other person or entity has the right to have taxes levied or appropriations made by this Council or any future Village council to fund such payments. 

Section 5. The Tax Increment Financing Agreement by and between the Village and Raccoon Creek, LLC (the “TIF Agreement”) in the form presently on file with this Council providing for, among other things, the payment of such Service Payments with respect to the Improvements, is hereby approved, and the Village Manager is hereby authorized to execute and deliver the TIF Agreement with such changes that are not inconsistent with this ordinance, are not substantially adverse to the Village, and are approved by the Village Manager. The approval of any changes to the TIF Agreement, and the character of the changes as not being substantially adverse to the Village, shall be evidenced conclusively by the Village Manager’s execution of the TIF Agreement. This Council hereby authorizes and directs the Finance Officer to make such arrangements as are necessary and proper for collection from each Owner of the service payments in lieu of taxes plus any applicable penalties and interest.

Section 6. The Village Manager, the Finance Officer and the Law Director, and any other Village official, as appropriate, are each authorized and directed to sign any other documents, instruments or certificates and to take such actions as are necessary or appropriate to consummate or implement the transactions described in or contemplated by this ordinance, the TIF Agreement. 

Section 7. The Licking County Tax Incentive Review Council, whose creation is hereby approved, confirmed and ratified, shall serve as the TIRC to the extent permitted by law. If for any reason the Licking County Tax Incentive Review Council is unable to so serve, this Council hereby creates a new TIRC pursuant to Ohio Revised Code Section 5709.85(A). The TIRC shall meet annually to determine the increase in the true value of each parcel of the Property on which there has been Improvement as a result of the exemption granted by this ordinance, the value of the Improvements exempted pursuant to this ordinance, the number of new employees or retained employees at the site of the Improvements as a result of the exemption granted by this ordinance, and the exemption recipient’s compliance with the nondiscriminatory hiring policies developed by the Village. This Council directs the Village Manager to appoint two (2) members to serve on the TIRC, and hereby concurs in the appointments of such TIRC members by the Village Manager. This Council hereby separately authorizes the Village Manager or other appropriate officers of the Village, to take any and all actions necessary to assist in the appointment of the remaining members of the TIRC, including providing to the appropriate officials of Licking County and the School Districts a copy of this ordinance.

Section 8. As required by Ohio Revised Code Section 5709.832, the Village hereby establishes the following nondiscriminatory hiring policies for application to recipients of exemptions granted pursuant to this ordinance:

a. No tax exemption recipient may deny employment to an individual solely on the basis of race, color, religion, sex, national origin, age, disability, ancestry, or other non-job related criteria.

b. The TIRC shall review each exemption recipient’s compliance with the foregoing nondiscrimination requirement and, if necessary, may submit to this Council written recommendations for enhancing compliance with the nondiscrimination requirement.

Section 9. The Clerk of this Council is hereby directed to deliver a copy of this ordinance to the Director of the Department of Development of the State of Ohio within fifteen days after its passage. On or before March 31 of each year that the exemption set forth in Section 1 hereof remains in effect, the Village Manager shall prepare and submit, or cause to be prepared and submitted, to the Director of the Department of Development of the State of Ohio the status report required under Ohio Revised Code Section 5709.40(I). 

Section 10. This Council finds and determines that all formal actions of this Council concerning and relating to the passage of this ordinance were taken in an open meeting of this Council and that all deliberations of this Council that resulted in those formal actions were in meetings open to the public in compliance with the law. 

Section 11. This ordinance shall be in full force and effect from and after the earliest period allowed by law. 

Defeated this 2nd day of October, 2013 

 

 

 EXHIBIT A

 PROPERTY 

Licking County Tax Parcel No. 019-042252-00.000 

 Situated in the State of Ohio, County of Licking, Township of Granville, lying in Lot 15, Quarter Township 3, Township 2, Range 13 of the United States Military Lands, being all of the 32.036 acre tract conveyed to Raccoon Creek, LLC of record in Instrument Number 200703260007512, and described as follows: 

 Beginning at the intersection of the centerline of Weaver Road with the old centerline of Columbus Road and the westerly line of said 32.036 acre tract;

 thence with said old centerline and said westerly line, the following courses:

 North 40° 47' 30" East, a distance of 157.21 feet, to a point; 

 North 47º 13' 42" East, a distance of 999.90 feet, to a corner common to said 32.036 acre tract and the 6.817 acre tract conveyed to The Village of Granville, Ohio of record in Instrument Number 200111290042898 

 thence with the line common to said 32.036 and 6.817 acre tracts, the following courses:

 South 49º 50' 12" East, a distance of 41.49 feet, to a point;

 South 53º 37' 02" East, a distance of 314.75 feet, to a point;

 South 44º 47' 13" East, a distance of 127.95 feet, to a point;

 South 59º 43' 51" East, a distance of 121.06 feet, to a point;

 South 70º 00' 59" East, a distance of 127.93 feet, to a point; 

 thence South 79º 39' 20" East, continuing with said common line and with the line common to said 32.036 acre tract and the 3.38 acre tract conveyed to Denison University of record in Deed Book 194, Page 118, and the Village of Granville corporation line (passing the corner common to said 6.817 and 3.38 acre tracts and an angle point in the Village of Granville corporation line at 57.84 feet), a distance of 99.49 feet, to a point; 

 thence continuing with said Village of Granville corporation line, continuing with the line common to said 32.036 and 3.38 acre tracts, and with the line common to said 32.036 acre tract and the 2.59 acre tract conveyed to Denison University of record in Deed Book 545, Page 56, the following courses: 

 South 57º 02' 39" East, a distance of 89.74 feet to a point;

 South 03º 47' 34" West, a distance of 66.35 feet to a point;

 South 22º 59' 12" West, a distance of 121.14 feet to a point; 

 South 06º 01' 17" West, a distance of 88.95 feet to a corner common to said 32.036 acre tract and the 2.165 acre tract conveyed to Neal Hartfield and Sue W. Hartfield of record in Official Record 151, Page 534;

 thence with the line common to said 32.036 and 2.615 acre tracts, the following courses: 

 North 83º 58' 43" West, a distance of 93.83 feet to a point; 

 South 42º 56' 08" West, a distance of 568.70 feet to a common corner thereof and in the northerly line of said 1.5 acre tract conveyed to AIKO, Ltd. of record in Instrument Number 20020304008239; 

 thence North 83º 51' 38" West, with the line common to said 32.036 and 1.5 acre tracts and the line common to said 32.036 acre tract and the 1.17 acre tract conveyed to Peter Benson and Josephine G. Gjessing of record in Instrument Number 200405200018047, a distance of 201.00 feet, to common corner thereof.; 

 thence South 00º36' 49" West, with a southerly line of said 32.036 acre tract and said old centerline of Weaver Road;

 thence North 83º36' 49" West, with a southerly line of said 32.036 acre tract and said old centerline of Weaver Road, a distance of 287.45 feet, to a corner common to said 32.036 acre tract and the tract conveyed to Dorothy L Woodward of record in Deed Book 488, Page 15; 

 thence with the line common to said 32.036 acre tract and said Woodward Tract, the following courses: 

 North 00º18' 23" East, a distance of 199.98 feet, to a point; 

 North 83º 37' 22" West, a distance of 80.00 feet, to a point;

 South 00º 18' 17" West, a distance of 179.86 feet, to a point; 

 thence North 83º 36' 49" West, with a southerly line of said 32.036 acre tract, a distance of 120.00 feet, to a point; 

 thence South 00º 18' 11" West, with a southerly line of said 32.0236 acre tract, a distance of 20.11 feet to a point on said old centerline of Weaver Road; 

 thence North 83º 36' 49" West, with a southerly line of said 32.036 acre tract and said old centerline of Weaver Road, a distance of 415.96 feet to a corner common to said 32.036 acre tract and the tract conveyed to Charles A. Riley and Ruth A. Riley of record in Deed Book 663, Page 629; 

 thence with the lien common to said 32.036 acre tract and said Riley tract, the following courses: 

 North 30º 56' 30" East, a distance of 217.28 feet, to a point;

 North 68º 00' 00" West, a distance of 240.11 feet, to a point; 

 North 40º 21' 55" East, a distance of 159.03 feet, to a common corner thereof; 

 thence South 83º 19' 58" East, across said 32.036 acre tract, a distance of 163.64 feet, to a point;

 thence with the perimeter common to said 32.036 acre tract and said Riley tract, the following courses: 

 South 51º 39' 07" East, a distance of 62.50 feet, to a point; 

 North 30º 56' 30" East, a distance of 36.01 feet, to a point;

 thence North 83º 19' 58" West, across said 32.036 acre tract and with said Riley tract, a distance of 328.99 feet, to a common corner thereof and in the old centerline of Columbus Road; 

 thence North 40º 47' 30" East, with said old centerline of Columbus Road and a westerly line of said 32.036 acre tract, a distance of 210.79 feet to the Point of Beginning, containing 32.036 acres, more or less.

 EVANS, MECHWART, HAMBLETON, & TILTON, INC.

 Michael O. Wanchick

 Registered Surveyor No. 7854

 

EXHIBIT B 

COLUMBUS ROAD/WEAVER DRIVE PROJECT 

 The Private Improvements will consist of approximately 80,000 square feet of commercial building, an assisted living facility, and related improvement and appurtenances on the Property.

 

 

EXHIBIT C

PUBLIC INFRASTRUCTURE

 Constructing, reconstructing, widening, opening, improving, grading, draining, paving, extending, or changing the line of Columbus Road or Weaver Drive, including any sidewalks, pathways, or curbs and gutters, and related bridges, viaducts, overpasses, underpasses, service and access highways, and tunnels, together, with construction and installing public utilities which include water mains, sanitary sewer, and storm sewer; storm water improvements; burial of utility lines; gas, electric and communications service facilities (including fiber optics); street lighting and signs; bikeways and landscaping (including scenic fencing and irrigation); traffic signs and signalization; design and other related costs; any right-of-way or real estate acquisition; survey work; soil engineering; inspection fees; construction staking; and all other costs and improvements necessary and appurtenant thereto.

Employee Payroll / Compensation

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