Explanation
Background: Columbus City Council passed Ordinance 0349-2005 on April 4, 2005 establishing the Hayden Run South tax increment financing district (TIF District) declaring improvements to those parcels to be a public purpose and exempt from taxation. The City of Columbus (City) with consent of the property owner, Dominion Homes, Inc. filed an exemption application for all parcels in the TIF District and the exemption was granted by the Ohio Department of Taxation by DTE case number NE-2196, finalized November 30, 2007. Subsequently, parcel No. 010-287876 within the TIF District, was acquired by the City for parkland. The City filed an application to exempt the parcel under Section 5709.08, of the Ohio Revised Code, public purpose. However, under Ohio Revised Code 5709.911, if the original exemption application is filed with the owner's consent, and if more than one real property tax exemption applies by law to the property or a portion of the property, no other exemption shall be granted for the portion already exempt under 5709.40 of the Ohio Revised Code unless the municipality that enacted the authorizing ordinance for the earlier exemption provides its duly authorized written consent to the subsequent exemption by means of an ordinance or resolution satisfying the provisions of Ohio Revised Code 5709.911(B)(1). This ordinance provides duly authorized written consent to the subsequent exemption so that the City may be granted 100% exemption.
Fiscal Impact: No City funding is required for this legislation.
Title
To provide duly authorized consent allowing a subsequent exemption to be granted in the Hayden Run South Tax Increment Financing District so that the City may be 100% exempt from taxation and service payments for parkland.
Body
WHEREAS, Sections 5709.40 (C), 5709.42 and 5709.43 of the Ohio Revised Code authorize this Council, by ordinance, to declare the improvement to certain parcels of real property located within the corporate boundaries of the City of Columbus, Ohio (the "City"), to be a public purpose and exempt from taxation, require the owner of each parcel to make service payments in lieu of taxes, and 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, those parcels; and
WHEREAS, pursuant to Ordinance 0349-2005 passed on April 4, 2005 (the "TIF Ordinance"), this Council created the Hayden Run South TIF District (the "TIF District") benefiting parcels near Avery Road and Hayden Run South pursuant to Section 5709.40(C) of the Ohio Revised Code. (Exhibit A Map); and
WHEREAS, with the consent of the property owner, Dominion Homes, Inc. the City filed an exemption application for all parcels in the TIF District and the exemption was granted by the Ohio Department of Taxation by DTE case number NE-2196, finalized November 30, 2007; and
WHEREAS, subsequently parcel no. 010-287876, within the TIF District, was acquired by the City for parkland; and
WHEREAS, the City filed an application to exempt parcel no. 010-287876, under Section 5709.08, of the Ohio Revised Code, public purpose; and
WHEREAS, under Ohio Revised Code 5709.911, if the City files with owners consent, and if more than one real property tax exemption applies by law to the property or a portion of the property, no other exemption shall be granted for the portion already exempt under 5709.40 of the Ohio Revised Code unless the municipality that enacted the authorizing ordinance for the earlier exemption provides its duly authorized written consent to the subsequent exemption by means of an ordinance or resolution satisfying the provisions of Ohio Revised Code 5709.911(B)(1); and
WHEREAS, to satisfy the provisions of Ohio Revised Code 5709.911 (B)(1), the City being the municipal corporation that enacted the authorizing ordinance for the earlier exemption, desires to provide duly authorized written consent to the subsequent exemption allowing the City to be 100% exempt from taxation and service payments; and NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department of Development (the Director), for and in the name of the City, is hereby authorized to provide its duly authorized written consent to the subsequent exemption by means of this ordinance satisfying the provisions of Ohio Revised Code 5709.911(B)(1).
Section 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.