Explanation
Background: City Council passed Ordinance 2117-2005 on December 14, 2005 establishing ten tax increment financing (“TIF”) incentive districts pursuant to Section 5709.40(C) of the Ohio Revised Code (“ORC”). One of the TIF incentive districts is the “Albany Crossing TIF District” benefiting and serving certain parcels on either side of Warner Road between Ulry Road and N. Hamilton Road. The original property owner of the area within the Albany Crossing TIF District, Dominion Homes, Inc. (“Dominion”), filed the TIF exemption applications for all of the parcels in the Albany Crossing TIF District, and exemptions were granted by the Ohio Department of Taxation by DTE case number ME-4715 and DTE case number ME-4719. Pursuant to an agreement dated September 1, 2010 between Albany Moor, LLC and the City, Albany Moor, LLC, as a subsequent owner to a portion of the Dominion property, donated two tracts of property consisting of all of Franklin County Tax Parcel 010-302541 (the “Property”) within the Albany Crossing TIF District to the City for a pump station the City would own, maintain, and operate to support Albany Moor, LLC’s Albany Landings development project. The City accepted title to the Property pursuant to Ordinance 0757-2022 passed by City Council on April 4, 2022. The City now desires to file an application to exempt the Property under ORC Section 5709.08 for an exemption of government and public property in order for the City, as the current owner of the Property, to be exempt from paying property taxes or service payment in lieu of taxes allowed under Ordinance 2117-2005. However, pursuant to ORC Section 5709.911(B)(1), if the owner of the property files the exemption application, 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 ORC Section 5709.40 unless the municipal corporation that enacted the authorizing ordi...
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