Explanation
The annual City of Columbus (the “CITY”) Tax Incentive Review Council (the “TIRC”) was held on August 18, 2023 to evaluate the compliance status of the CITY’s property tax related incentives - Enterprise Zone Agreements, Post-1994 Community Reinvestment Area Agreements, and Tax Increment Finance Districts - for Reporting Year 2022. The Ohio Revised Code (under Section 5709.85) stipulates that on the basis of the determinations of the TIRC, on 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 agreement. 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. In a memorandum from the Director of the Department of Development to Columbus City Council (“COUNCIL”) dated September 7, 2023, the results of the TIRC were presented and attached to this memorandum titled “2023 Tax Incentive Review Council Recommendations.” A meeting was held on September 12th, 2023 between representatives from COUNCIL and the Department of Development to review the 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 2022 TIRC.
Emergency Justification: Emergency legislation is required to allow the Department of Development to implement the recommendations of the TIRC in an expedient manner as adjustments to the monitoring and administration of economic development agreements move forward.
Title
To accept the recommendations of the 2023 Columbus Tax Incentive Review Council regarding the continuation, modification or cancellation of all property tax incentives based on the evaluation of Reporting Year 2022; and to declare an emergency.
Body
WHEREAS, the annual City of Columbus Tax Incentive Review Council (the “TIRC”) was held on August 18, 2023 to evaluate the compliance status of the CITY’s property tax related incentives for Reporting Year 2022; and
WHEREAS, these incentives included Enterprise Zone Agreements, Post-1994 Community Reinvestment Area Agreements, and Tax Increment Finance Districts; and
WHEREAS, Ohio Revised Code Section 5709.85 stipulates that on the basis of the determinations of the TIRC, on 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 agreement; and
WHEREAS, in a memorandum from the Director of the Department of Development to Columbus City Council dated September 7, 2023, the results of the TIRC were presented and attached to this memorandum titled “2023 Tax Incentive Review Council Recommendations” (see attached “2023 Tax Incentive Review Council Recommendations”); and
WHEREAS, 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; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Development in that it is immediately necessary to authorize the acceptance of the recommendations of the 2023 Columbus Tax Incentive Review Council (TIRC) in order to implement the recommendations in an expedient manner to adjust the monitoring and administration of economic development agreements; NOW, THEREFORE
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Columbus City Council hereby accepts the written recommendations presented by the 2023 Columbus Tax Incentive Review Council (see attached “2023 Tax Incentive Review Council Recommendations”) thus fulfilling the obligations set forth in Ohio Revised Code Section 5709.85.
SECTION 2. That the Director of the Department of Development 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 or ten days after passage if the Mayor neither approves nor vetoes the same.