Explanation
Background: The purpose of this ordinance is to amend Ordinance 1564-2019 to correct the Ohio Revised Code referenced in the recitals and in Section 1 pursuant to a request by Franklin County to ensure consent to a subsequent property exemption. The Ohio Revised Code division will change from 5709.911(B)(2) to 5709.911(B)(1). This amendment will allow for clear reference that the exemption under Section 5709.41 of the Ohio Revised Code was (1) filed by the owner of the property or by a municipal corporation, township, or county with the owner's written consent attached to the application rather than (2) filed by a municipal corporation, township, or county and approved by the tax commissioner, but later the owner of the property subsequently provided written consent to the exemption and the consent was also filed with the tax commissioner.
Emergency Justification:
Emergency legislation is requested in order to timely allow the Franklin County Board of Commissioners to proceed with their exemption, which will preserve the public peace, health, property, safety, and welfare.
Fiscal Impact: There is no fiscal impact from this amendment.
Title
To amend Ordinance 1564-2019 to reflect the City’s consent to the Franklin County Board of Commissioner’s property exemption granted pursuant to Ohio Revised Code 5709.911(B)(1); and to declare an emergency.
Body
WHEREAS, Franklin County Tax Parcel 010-287406 was granted an exemption under Section 5709.41 of the Ohio Revised Code by City Council pursuant to Ordinance 2628-2003 passed December 15, 2003; and
WHEREAS, Ordinance 1564-2019 passed June 24, 2019, authorized City Council to provide its duly authorized written consent to a subsequent exemption to Franklin County Tax Parcel 010-287406 for use by the Franklin County Board of Commissioners as general office space for the Department of Jobs and Family Services by means of a duly enacted ordinance or resolution; and
WHEREAS, pursuant to a request by Franklin County, it is necessary to amend Ordinance 1564-2019 to correct a technical error in the division of the Ohio Revised Code referenced in the recitals and in Section 1; and
WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to amend Ordinance 1564-2019 in order to timely allow the Franklin County Board of Commissioners to proceed with their exemption, which will preserve the public peace, health, property, safety, and welfare; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. The fourth and fifth recitals and Section 1 of Ordinance 1564-2019 is hereby amended as follows:
WHEREAS, Ohio Revised Code Section 5709.911(B)(2)(1) provides that Franklin County’s application for a real property tax exemption cannot be granted for the portion of the property already exempt under Ohio Revised Code Section 5709.41 until Columbus City Council provides its duly authorized written consent to Franklin County’s exemption by means of a duly enacted ordinance; and
WHEREAS, this Council, pursuant to Ohio Revised Code Section 5709.911(B)(2)(1), desires to provide its consent to Franklin County’s real property tax exemption and to relinquish the City’s right to collect TIF service payments; and
Section 1. That the City of Columbus hereby consents to the Franklin County Board of Commissioner’s exemption from real property taxes for Franklin County Tax Parcel 010-287406, which is property located within the boundaries of the Northland Mall tax increment financing district that is being leased for use as general office space for the Department of Job and Family Services, and further agrees to relinquish the City’s right to collect TIF service payments required by Ordinance 2628-2003 (the Northland TIF Ordinance) as to the above-referenced parcel, all in accordance with Ohio Revised Code Section 5709.911(B)(2)(1).
SECTION 2. That for the reason stated in the preamble here to, which is hereby made a part hereof, this ordinance 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.