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As Re-reported by the Senate Economic Development,
Technology and Aerospace Committee*
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 434 |
REPRESENTATIVES SCHURING-MAIER-OLMAN-TIBERI-GARCIA-PATTON-
THOMPSON-CATES-SAWYER-COLONNA-PRENTISS-TERWILLEGER-METZGER-
MOTTLEY-KREBS-BRADING-BOYD-SCHULER-VESPER-GRENDELL-VERICH-
JOLIVETTE-REID-O'BRIEN-LEWIS-HARRIS-WILLAMOWSKI-KRUPINSKI-
CAREY-HEALY-CORBIN-WESTON
A BILL
To amend sections 122.15, 122.151, 122.152, 122.154, 715.70, 715.71, 715.72,
715.74,
715.76, 715.77, 715.78, 718.03, and 5709.82
and to enact sections
701.07, 715.761, 715.771, 715.82, 715.83, and 5709.411 of the
Revised Code and to repeal Section 4 of Sub. H.B. 481 of the
119th General
Assembly to make various changes in procedures governing the creation of
joint economic development zones and certain
joint economic
development districts, to grant additional authority to
subdivisions joining in certain kinds of
joint economic
development zones regarding the issuance of industrial
development bonds, sharing property taxes, and
granting property
tax exemptions, to authorize municipal corporations, counties, townships, the
state, and certain persons and private entities to enter into cooperative
economic development agreements, and to make changes in the technology
investment tax credit program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 122.15, 122.151, 122.152, 122.154, 715.70, 715.71,
715.72,
715.74, 715.76, 715.77, 715.78, 718.03, and 5709.82 be amended and sections
701.07, 715.761,
715.771, 715.82, 715.83,
and 5709.411 of the Revised Code be enacted to read as follows:
Sec. 122.15. As used in sections 122.15 to 122.154 of
the Revised Code:
(A) "Edison center" means a cooperative research and development
facility that receives funding through the Thomas Alva
Edison grant program under division (C) of section 122.33
of the Revised Code.
(B) "Ohio entity" means any
corporation, limited liability company, or unincorporated
business organization, including a general or limited
partnership, that has its principal place of business located in
this state and has at least fifty per cent of its gross assets
and fifty per cent of its employees located in this state.
If
a corporation, limited liability company, or unincorporated business
organization is a member of an affiliated group, the gross assets
and the number
of employees of all of the members of that affiliated group, wherever those
assets and employees are located, shall be included for the
purpose of determining the percentage of the corporation's, company's, or
organization's gross assets and employees that are located in
this state.
(C) "Qualified trade or business"
means any trade or business that primarily involves research and development,
technology transfer, bio-technology, or the application of new
technology
developed through research and development or acquired through
technology transfer. "Qualified trade or business"
does not include any of the following:
(1) Any trade or business involving the performance of
services in the field of law, engineering, architecture,
accounting, actuarial science, performing arts, consulting,
athletics, financial services, or brokerage services, or any
trade or business where the principal asset of the trade or
business is the reputation or skill of one or more of its
employees;
(2) Any banking, insurance, financing, leasing, rental,
investing, or similar business;
(3) Any farming business, including the business of
raising or harvesting trees;
(4) Any business involving the production or extraction
of products of a character with respect to which a deduction is
allowable under section 611, 613, or 613A of the
"Internal Revenue Code of
1986," 100 Stat. 2085, 26
U.S.C.A. 611, 613, or 613A;
(5) Any business of operating a hotel, motel,
restaurant, or similar business;
(6) Any trade or business involving a hospital, a private office of a
licensed health care professional, a group practice of licensed health care
professionals, or a nursing home. As used in division (C)(6) of this
section:
(a) "Nursing home" has the same meaning as in section 3721.50
of the Revised Code.
(b) "Hospital" has the same meaning as in section 3727.01 of the Revised
Code.
(D) "Insider" means an individual who owns, controls, or
holds power to vote five per cent or more of the outstanding securities of a
business. FOR PURPOSES OF DETERMINING WHETHER AN INVESTOR IS AN INSIDER,
THE PERCENTAGE OF VOTING POWER IN THE OHIO ENTITY HELD BY A PERSON
RELATED TO THE INVESTOR SHALL BE ADDED TO THE INVESTOR'S PERCENTAGE OF VOTING
POWER IN THE SAME OHIO ENTITY, IF THE INVESTOR CLAIMED THE PERSON
RELATED TO THE INVESTOR AS A DEPENDENT OR A SPOUSE ON THE INVESTOR'S FEDERAL
INCOME TAX RETURN FOR THE PREVIOUS TAX YEAR.
(E) "Related to" means being the spouse, parent, child, or
sibling of an individual.
(F) "Research and development" means
designing, creating, or formulating new or enhanced products,
equipment, or processes, and conducting scientific or
technological inquiry and experimentation in the physical
sciences with the goal of increasing scientific knowledge that
may reveal the bases for new or enhanced products, equipment, or
processes.
(G) "State tax liability" means any
tax liability
incurred under division (D) of section 5707.03, section
5727.38 or 5747.02, or Chapter 5733.
of the Revised Code.
(H) "Technology transfer" means the
transfer of technology from one sector of the economy to another,
including the transfer of military technology to civilian
applications, civilian technology to military applications, or
technology from public or private research laboratories to
military or civilian applications.
(I) "Affiliated group" means two or
more persons related in such a way that one of the persons owns or controls
the
business operations of another of those persons. In the case of a corporation
issuing capital stock, one corporation owns or controls the business
operations
of another corporation if it
owns more than fifty per cent of the other corporation's capital stock with
voting rights. In the case of a limited liability company, one person owns or
controls the business operations of the company if that person's membership
interest, as defined in section 1705.01 of the Revised Code, is greater than
fifty per cent of combined membership interest of all persons owning such
interests in the company. In the case of an unincorporated business
organization, one person owns or controls the business operations of the
organization if, under the articles of organization or other instrument
governing the affairs of the organization, that person has a beneficial
interest in the organization's profits, surpluses, losses, or other
distributions greater than fifty per cent of the combined beneficial interests
of all persons having such an interest in the organization.
(J) "Money" means United States currency, or a
check, draft, or cashier's check for United States currency,
payable on demand and drawn on a bank.
Sec. 122.151. (A) An investor who proposes to make an investment of
money in an
Ohio entity may apply to an Edison center
for a tax credit under this section. The Edison center shall
prescribe the form of the application and any information that the investor
must submit with the application. The
investor shall include with the application a fee of two hundred
dollars. The center, within three weeks after receiving the
application, shall review it, determine whether the
investor should be recommended
for the tax credit, and send written notice of its initial
determination to the industrial technology and enterprise advisory
council and
to the investor. If the center determines the investor should not be
recommended for the tax credit, it
shall include in the notice the reasons for the
determination. Subject to divisions
(C) and
(D) of this section, an
investor is eligible for a tax credit if all of the following
requirements are met:
(1) The investor's investment of money is in an Ohio entity engaged in
a
qualified trade or business;.
(2) The Ohio entity had
less than one million dollars of gross revenue during
its most recently completed fiscal year or had a net book value
of less than one million dollars at the end of that
fiscal year;.
(3) The investment takes the form of the purchase of
common or preferred stock, a membership interest, a partnership
interest, or any other ownership interest;.
(4) The amount of the investment for which the credit is being claimed
does not exceed one
hundred fifty thousand dollars;.
(5) The money invested is entirely at risk of loss, where
repayment depends upon the success of the business operations of
the Ohio entity;.
(6) If the money invested is to be repaid to the
investor if
the Ohio entity is successful,
no NO repayment, except for dividends or interest, OF
PRINCIPAL INVESTED will be
made for
at least three years from the date the investment is made;.
(7) The annual COMBINED amount of any dividend and interest payments
to be made to
the investor will not exceed ten per cent of the amount of the
investment;
FOR AT LEAST THREE YEARS FROM THE DATE THE INVESTMENT IS MADE.
(8) THE INVESTOR IS NOT AN
EMPLOYEE WITH PROPRIETARY DECISION-MAKING AUTHORITY OF THE
OHIO ENTITY IN WHICH THE
INVESTMENT OF MONEY IS PROPOSED, OR RELATED TO SUCH AN
INDIVIDUAL. The Ohio entity is
not an individual related to
the investor or the. FOR PURPOSES OF THIS
DIVISION, THE INDUSTRIAL TECHNOLOGY AND ENTERPRISE ADVISORY
COUNCIL SHALL DEFINE "AN EMPLOYEE WITH PROPRIETARY
DECISION-MAKING AUTHORITY."
(9) THE investor is not an insider.
For the purposes of determining the net book value of an
Ohio entity under division
(A)(1) or (2) of this section, if the entity
is a member of an affiliated group, the combined net book values of all of the
members of that affiliated group shall be used.
NOTHING IN DIVISION
(A)(6) OR (7) OF THIS SECTION
LIMITS OR DISALLOWS THE DISTRIBUTION TO AN INVESTOR IN A
PASS-THROUGH ENTITY OF A PORTION OF THE ENTITY'S PROFITS
EQUAL TO THE INVESTOR'S FEDERAL, STATE, AND LOCAL INCOME TAX
OBLIGATIONS ATTRIBUTABLE TO THE INVESTOR'S ALLOCABLE SHARE OF
THE ENTITY'S PROFITS. NOTHING IN DIVISION (A)(6) OR (7) OF THIS
SECTION LIMITS OR DISALLOWS THE SALE BY AN INVESTOR OF PART OR ALL OF THE
INVESTOR'S INTERESTS IN AN OHIO
ENTITY BY WAY OF A PUBLIC OFFERING OF SHARES IN THE
OHIO ENTITY.
(B) A group of two but not
more than twenty investors, each of whom proposes to make an investment
of money in
the same Ohio entity, may submit an
application for tax credits under division
(A) of this section. The group
shall include with the application a fee of eight hundred dollars. The
application shall identify
each investor in the group and the amount of money each investor
proposes
to invest in the Ohio entity,
and shall name a contact person for the group. The Edison center,
within three weeks after receiving the application,
shall review it, determine whether each investor of the
group should be recommended
for a tax credit under the conditions set forth in
division (A) of this section,
and send written notice of its
determination to the industrial technology and enterprise advisory
council and
to the contact person. The center shall not recommend that a group of
investors receive a tax credit unless each investor is eligible under those
conditions. The center may disqualify from a group
any investor who is not eligible under the conditions and recommend that the
remaining group of investors receive the tax credit. If the center
determines the group
should not be recommended for the tax credit, it shall include in the notice
the reasons for the determination.
(C) The industrial technology and enterprise advisory
council shall
establish from among its members a three-person
committee. Within four
weeks after the council receives a notice of
recommendation from an
Edison center, the committee shall review the
recommendation and issue a final determination of whether the investor or
group
is eligible for a tax credit under the conditions set forth in division
(A) of this section. The committee may require the
investor or
group to submit additional information to support the application. The vote
of
at least two members of the committee is necessary
for the
issuance of a
final determination or any other action of the
committee. Upon making the
final determination, the committee shall send
written notice of approval or
disapproval of the tax credit o TO the investor or group contact
person,
the
director of development, and
the Edison center. If the committee disapproves
the tax credit,
it shall include in the notice the reasons for the disapproval.
(D)(1) The industrial technology and enterprise advisory
council
committee shall not approve more than one million
dollars of investments in any one
Ohio entity. However, if a
proposed investment of money in an Ohio
entity has been approved but the investor does not actually make
the investment, the committee may reassign the
amount of that
investment to another investor, as long as the total amount
invested in the entity under this section does not exceed one
million dollars.
If the one-million-dollar limit for an
Ohio entity has not yet been
reached and an application proposes an investment of money that would
exceed the limit for that entity, the committee
shall
send written notice to the investor, or for a group, the
contact
person, that the investment cannot be approved as requested.
Upon receipt of the notice, the investor or group may amend the
application to propose an investment of money that does not exceed the
limit.
(2) Not more than ten million dollars of tax credits
shall be issued under sections 122.15 to 122.154 of the
Revised
Code.
(E) If an investor makes an approved investment of money in an
Ohio entity of less than one
hundred fifty thousand dollars, the investor may apply for
approval of another investment of money in that entity, as long as the
total amount invested in that entity by the investor under this section does
not exceed one hundred fifty thousand dollars. An investor who
receives approval of an investment of money as part of a group may
subsequently apply on an individual basis for approval of an
additional investment of money in the Ohio entity.
(F) The industrial technology and enterprise advisory council
committee shall approve or disapprove tax credit
applications
under this section in the order in which they are received by the
council.
(G) The director of development may disapprove any application recommended by
an
Edison center and approved by the industrial technology and enterprise advisory
council committee, or may disapprove a
credit for which a tax credit certificate has been issued under section
122.152
of the Revised
Code, if the director determines that the
entity in which the applicant proposes to invest or has invested is not an
Ohio entity eligible to receive investments
that qualify for the credit. If the director disapproves an application, the
director shall certify the action to the investor, the
Edison center that recommended the
application, the industrial technology and enterprise advisory
council, and the
tax commissioner, together with a written explanation of the reasons for the
disapproval. If the director disapproves a tax credit after a tax credit
certificate is issued, the investor shall not claim the credit for the taxable
year that includes the day the director disapproves the credit, or for any
subsequent taxable year.
The director of development, in accordance with section 111.15 of the Revised Code and
with the advice of the industrial technology and enterprise advisory council,
may adopt, amend, and rescind rules necessary to implement sections 122.15
to 122.154 of the Revised Code.
(H) An Edison center shall use application
fees received under this section only for the costs of administering sections
122.15 to 122.154 of the Revised Code.
Sec. 122.152. (A) An investor who receives AFTER RECEIVING
notice of approval for an
investment of money from the industrial technology and enterprise
advisory
council committee under section 122.151 of the
Revised Code, not more than thirty
days after receiving the notice AN INVESTOR, WITHIN A PERIOD OF TIME
DETERMINED BY THE COMMITTEE, may make the investment and apply
to the council for a tax credit certificate. If
the council is satisfied the investor has made the
investment in the proper form,
it shall issue to the investor a tax credit certificate
indicating that the investor is allowed a tax credit in an
amount equal to twenty-five per cent of the investment.
An investor who receives approval of a proposed investment of money
through a group application, after making the investment,
shall
apply for a tax credit certificate on an individual basis.
(B) An investor who is
issued a tax credit certificate under this section may claim a
nonrefundable credit equal to the amount indicated on the
certificate against any state tax liability. The investor shall
claim the credit for the taxable year in which the certificate
is issued.
(1) If the credit to which a taxpayer
otherwise would be entitled under this section for any taxable
year is greater than the tax otherwise due under division
(D) of section 5707.03 or section 5727.38
of the Revised Code, the excess shall
be
allowed as a credit in each of the ensuing fifteen taxable years,
but the amount of any excess credit
allowed in an ensuing taxable year shall be deducted from the
balance carried forward to the next taxable year.
(2) If the credit to which a taxpayer otherwise would
be entitled under this section for any taxable year is greater
than the tax otherwise due under section 5747.02 or
Chapter 5733. of the Revised Code, after
allowing for any other credits that precede the credit allowed
under this section in the order required under section 5733.98 or
5747.98 of the Revised Code, the excess shall be
allowed as a credit in each of the ensuing fifteen taxable years,
but the amount of any excess credit
allowed in an ensuing taxable year shall be deducted from the
balance carried forward to the next taxable year.
(C) Any portion of a credit allowed under this
section that is utilized by an investor to reduce the investor's
state tax liability shall not be utilized by any other person.
(D) To claim
a tax credit allowed under this section, an investor shall
attach to the appropriate return a copy of the certificate issued
to the investor under this section.
(E) Nothing in this section shall limit or
disallow pass-through treatment of a pass-through entity's
income,
deductions, or credits, or other amounts necessary to compute a
state tax liability.
(F) A tax credit
certificate issued to an investor under this section may not be
transferred by that investor to any other person.
(G)(1) The industrial technology and enterprise advisory
council shall develop the form of
the tax credit certificate and shall use that form when issuing a
tax credit certificate under this section.
(2) The
industrial technology and enterprise advisory council
shall report to the tax commissioner any information
requested by the commissioner concerning tax credit certificates
issued under this section.
(H) AN INVESTMENT MADE BY AN INVESTOR OR GROUP OF INVESTORS WHO
ENTER INTO A
CONTRACTUAL AGREEMENT WITH AN
OHIO ENTITY TO INVEST MONEY IN
THE OHIO ENTITY IS AN ACCEPTABLE
INVESTMENT IF ALL OF THE FOLLOWING CONDITIONS ARE MET:
(1) THE INVESTMENT IS MADE PURSUANT TO A SUBSCRIPTION
AGREEMENT PROVIDING THAT THE INVESTOR OR GROUP OF INVESTORS IS
ENTITLED TO RECEIVE A REFUND OF FUNDS IF THE INVESTMENT IS NOT
APPROVED BY THE INDUSTRIAL TECHNOLOGY AND ENTERPRISE ADVISORY
COUNCIL.
(2) THE INVESTMENT IS PLACED IN ESCROW UNTIL THE
INVESTMENT IS APPROVED BY THE INDUSTRIAL TECHNOLOGY AND
ENTERPRISE ADVISORY COUNCIL.
(3) THE INVESTOR OR GROUP OF INVESTORS SHOWS PROOF OF THE
WITHDRAWAL OF THE FUNDS BY THE OHIO ENTITY
AFTER THE INVESTMENT IS APPROVED BY THE INDUSTRIAL TECHNOLOGY
AND ENTERPRISE ADVISORY COUNCIL.
Sec. 122.154. (A) A business may apply to
an Edison center for a determination as to whether the
business is an Ohio entity
eligible to receive investments of money under section 122.151 of the
Revised
Code that qualify the investor
for a tax credit under section 122.152 of the
Revised
Code. The business shall
include with the application a fee of one hundred fifty dollars and a business
plan. The Edison center shall prescribe any other
information the business must submit with the application and
the form of the application. The center, within three weeks
after receiving the application, shall review it, determine
whether the business is an Ohio
entity eligible to receive investments of money that qualify for the
tax credit, and send written notice to the industrial technology and
enterprise advisory council and the business of its initial
determination.
If the center determines that the business is not an Ohio entity
eligible to receive investments of money that qualify for the tax credit, it
shall include in the notice the reasons for the determination.
Within four weeks after the council receives a notice of recommendation
from an Edison center, the industrial technology and enterprise
advisory council committee established under section 122.152 of the Revised Code shall
review the recommendation and issue a final determination of whether the
business is an Ohio entity eligible to receive investments of money
under section 122.151 of the Revised Code that qualify an investor for a tax credit under
section 122.152 of the Revised Code. The committee may require the business to submit
additional information to support the application. The vote of at least two
members of the committee is necessary for the issuance of a final
determination. On making the final determination, the committee shall send
written notice of approval or disapproval to the business, the director of
development, and the Edison center. If the committee determines
that the business is not an Ohio entity eligible to receive
investments of money that qualify for the tax credit, it shall include in the
notice the reasons for the determination.
(B) An Edison center THE DEPARTMENT OF DEVELOPMENT
shall maintain a list of the businesses that have been
determined to be Ohio entities eligible to
receive investments of money that qualify for the tax credit. The
center DEPARTMENT shall furnish copies of the list to the public
upon
request.
(C) The Edison center DEPARTMENT OF DEVELOPMENT may prescribe a
schedule under which
businesses periodically must submit information to enable the
center to maintain the accuracy of the list. At the times
required in the schedule, each business on the list shall submit
any information the center requires to determine if the
business continues to be an Ohio entity eligible to receive
investments of money that qualify for the tax credit.
(D) An Edison
center shall use fees received under this section only for the costs
of administering sections 122.15 to 122.154 of the Revised Code.
(E) The Edison centers and the industrial
technology and enterprise advisory council do not assume
any responsibility for the accuracy or truthfulness of information furnished
by an Ohio entity or its agents.
An investor in an Ohio entity is solely
responsible for due diligence in verifying information submitted by an
Ohio entity.
An Edison center is not liable for any
action resulting from its provision of such information to investors in
accordance
with sections 122.15 to 122.154 of the Revised Code.
Sec. 701.07. (A) THE LEGISLATIVE AUTHORITY OF ONE OR MORE
MUNICIPAL CORPORATIONS, BY ORDINANCE OR RESOLUTION, AND THE BOARD
OF TOWNSHIP TRUSTEES OF ONE
OR MORE TOWNSHIPS, BY RESOLUTION, MAY ENTER INTO A COOPERATIVE ECONOMIC
DEVELOPMENT AGREEMENT UNDER THIS SECTION. THE BOARD OF COUNTY COMMISSIONERS
OF ONE OR MORE COUNTIES MAY BECOME A PARTY TO A COOPERATIVE ECONOMIC
DEVELOPMENT AGREEMENT UPON THE WRITTEN CONSENT OF THE LEGISLATIVE AUTHORITY OF
EACH MUNICIPAL CORPORATION AND THE BOARD OF TOWNSHIP TRUSTEES OF EACH TOWNSHIP
THAT IS A PARTY TO THE AGREEMENT.
BEFORE ENTERING INTO A COOPERATIVE ECONOMIC DEVELOPMENT
AGREEMENT PURSUANT TO THIS SECTION, THE PARTIES TO THE AGREEMENT
SHALL JOINTLY HOLD A PUBLIC HEARING CONCERNING THE AGREEMENT.
THE PARTIES SHALL PROVIDE TO RESIDENTS OF THE TERRITORY AFFECTED
BY THE AGREEMENT AT LEAST THIRTY DAYS' PUBLIC NOTICE OF THE TIME
AND PLACE OF THE PUBLIC HEARING IN ONE OR MORE NEWSPAPERS OF
GENERAL CIRCULATION IN THAT TERRITORY. DURING THE THIRTY-DAY
PERIOD PRIOR TO THE PUBLIC HEARING, EACH PARTY TO THE AGREEMENT,
EXCEPT THE STATE OR ANY STATE AGENCY OR ANY PERSON OR PRIVATE
ENTITY THAT BECOMES A PARTY TO THE AGREEMENT UNDER DIVISION
(C)(10) OR
(F) OF THIS SECTION, SHALL MAKE
AVAILABLE FOR PUBLIC INSPECTION A COPY OF THE PROPOSED
AGREEMENT.
(B) A COOPERATIVE ECONOMIC
DEVELOPMENT AGREEMENT MAY BE AMENDED AT ANY TIME IN THE SAME MANNER AS IT WAS
INITIALLY AUTHORIZED. A COOPERATIVE ECONOMIC DEVELOPMENT AGREEMENT SHALL
DESIGNATE THE TERRITORY THE AGREEMENT COVERS.
(C) A COOPERATIVE ECONOMIC DEVELOPMENT AGREEMENT MAY PROVIDE FOR
ANY OF THE FOLLOWING:
(1) THE PROVISION OF JOINT SERVICES AND PERMANENT IMPROVEMENTS WITHIN
INCORPORATED OR UNINCORPORATED AREAS;
(2) THE PROVISION OF SERVICES AND IMPROVEMENTS BY A MUNICIPAL CORPORATION
IN UNINCORPORATED AREAS;
(3) THE PROVISION OF SERVICES AND IMPROVEMENTS BY A COUNTY OR TOWNSHIP
WITHIN THE TERRITORY OF A MUNICIPAL CORPORATION;
(4) THE PAYMENT OF SERVICE FEES TO A MUNICIPAL CORPORATION BY A TOWNSHIP
OR COUNTY;
(5) THE PAYMENT OF SERVICE FEES TO A TOWNSHIP OR A COUNTY BY A MUNICIPAL
CORPORATION;
(6) THE ISSUANCE OF NOTES AND BONDS AND OTHER DEBT OBLIGATIONS BY A
MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP FOR PUBLIC PURPOSES AUTHORIZED BY
OR UNDER A COOPERATIVE ECONOMIC DEVELOPMENT AGREEMENT AND PROVISION FOR THE
ALLOCATION OF THE PAYMENT OF THE PRINCIPAL OF, INTEREST ON, AND OTHER CHARGES
AND COSTS OF ISSUING AND SERVICING THE REPAYMENT OF THE DEBT;
(7) THE ISSUANCE OF INDUSTRIAL DEVELOPMENT NOTES, BONDS, AND DEBT
OBLIGATIONS BY A MUNICIPAL CORPORATION TO FINANCE PROJECTS IN TERRITORY
LOCATED OUTSIDE THE MUNICIPAL CORPORATION BUT LOCATED WITHIN THE TERRITORY
COVERED BY A COOPERATIVE ECONOMIC DEVELOPMENT AGREEMENT AND PROVISION FOR THE
ALLOCATION OF THE PAYMENT OF THE PRINCIPAL OF, INTEREST ON, AND OTHER CHARGES
AND COSTS OF ISSUING AND SERVICING THE REPAYMENT OF THE DEBT. TO IMPLEMENT
DIVISION (C)(10) OF THIS SECTION, A MUNICIPAL CORPORATION MAY
UNDERTAKE PROJECTS UNDER CHAPTER 165., 761., OR 902. of the Revised Code EVEN THOUGH
THE PROJECT IS IN TERRITORY LOCATED OUTSIDE THE MUNICIPAL CORPORATION.
(8) THE TERRITORY TO BE ANNEXED TO A MUNICIPAL CORPORATION WHEN AGREED TO
BY THE MUNICIPAL CORPORATION TO WHICH ANNEXATION IS PROPOSED AND THE TOWNSHIP
IN WHICH THE TERRITORY TO BE ANNEXED IS LOCATED;
(9) ANY PERIODS OF TIME DURING WHICH NO ANNEXATIONS WILL OCCUR AND ANY
AREAS THAT WILL NOT BE ANNEXED DURING THE PERIOD WHEN AGREED TO BY THE
MUNICIPAL CORPORATION AND TOWNSHIP AFFECTED BY THE ANNEXATION MORATORIUM;
(10) AGREEMENTS BY A MUNICIPAL CORPORATION AND A TOWNSHIP, OR BY A
MUNICIPAL CORPORATION AND A COUNTY, WITH LANDOWNERS OR DEVELOPERS OF LAND THAT
IS TO BE ANNEXED, OR WITH BOTH SUCH LANDOWNERS AND LAND DEVELOPERS, CONCERNING
THE PROVISION OF PUBLIC SERVICES, FACILITIES, AND PERMANENT IMPROVEMENTS.
ANY PERSON OR OTHER PRIVATE ENTITY DESCRIBED IN DIVISION
(C)(10) OF THIS SECTION THAT
ENTERS INTO AN AGREEMENT WITH A MUNICIPAL CORPORATION AND A
TOWNSHIP, OR WITH A MUNICIPAL CORPORATION AND A COUNTY, PURSUANT
TO THIS DIVISION SHALL BE CONSIDERED TO BE A PARTY TO THE
AGREEMENT.
(11) THE APPLICATION OF TAX ABATEMENT STATUTES WITHIN THE TERRITORY
COVERED BY THE COOPERATIVE ECONOMIC DEVELOPMENT AGREEMENT;
(12) CHANGING TOWNSHIP BOUNDARIES UNDER CHAPTER 503. of the Revised Code TO
EXCLUDE NEWLY ANNEXED TERRITORY FROM THE ORIGINAL TOWNSHIP AND PROVIDING
SERVICES TO THAT TERRITORY;
(13) THE EARMARKING BY A MUNICIPAL CORPORATION FOR ITS GENERAL REVENUE
FUND OF A PORTION OF THE UTILITY CHARGES IT COLLECTS IN TERRITORY LOCATED
OUTSIDE THE MUNICIPAL CORPORATION BUT LOCATED WITHIN THE TERRITORY COVERED BY
A COOPERATIVE ECONOMIC DEVELOPMENT AGREEMENT, BUT ONLY IF THE COOPERATIVE
ECONOMIC DEVELOPMENT AGREEMENT DOES NOT COVER ANY MATTERS RELATING TO
ANNEXATION;
(14) PAYMENTS IN LIEU OF TAXES, IF ANY, TO BE PAID TO A TOWNSHIP BY A
MUNICIPAL CORPORATION. THESE PAYMENTS MAY BE IN ADDITION TO OR IN LIEU OF
OTHER PAYMENTS REQUIRED BY LAW TO BE MADE TO THE TOWNSHIP BY THAT MUNICIPAL
CORPORATION.
(15) ANY OTHER MATTER PERTAINING TO THE ANNEXATION OR DEVELOPMENT OF
TERRITORY, WHETHER THE TERRITORY IS OWNED BY A GOVERNMENTAL ENTITY OR A PERSON
OR PRIVATE ENTITY.
AS USED IN DIVISION (C)(2) OF THIS SECTION, "IMPROVEMENT"
INCLUDES, BUT IS NOT LIMITED TO, SEWERS, ROADWAYS, PUBLIC UTILITIES, AND THE
ACQUISITION OF LAND.
(D) COOPERATIVE ECONOMIC DEVELOPMENT AGREEMENTS SHALL NOT BE IN
DEROGATION OF THE POWERS GRANTED TO MUNICIPAL CORPORATIONS BY ARTICLE
XVIII, OHIO CONSTITUTION, OR ANY OTHER PROVISIONS
OF THE OHIO CONSTITUTION OR OF A MUNICIPAL CHARTER, NOR
SHALL MUNICIPAL CORPORATIONS AND TOWNSHIPS, OR MUNICIPAL CORPORATIONS AND
COUNTIES, AGREE TO SHARE PROCEEDS OF ANY TAX LEVY, ALTHOUGH SUCH PROCEEDS MAY
BE USED TO MAKE PAYMENTS AUTHORIZED IN A COOPERATIVE ECONOMIC DEVELOPMENT
AGREEMENT.
(E) IF ANY PARTY TO A COOPERATIVE ECONOMIC DEVELOPMENT AGREEMENT
BELIEVES ANY OTHER PARTY HAS FAILED TO PERFORM ITS PART OF ANY PROVISION OF
THE AGREEMENT, INCLUDING THE FAILURE TO MAKE ANY PAYMENT OF MONEYS DUE UNDER
THE AGREEMENT, THE COMPLAINING PARTY SHALL GIVE NOTICE TO THE OTHER PARTY
CLEARLY STATING WHAT BREACH THE COMPLAINING PARTY BELIEVES HAS OCCURRED. THE
PARTY RECEIVING THE NOTICE HAS NINETY DAYS FROM THE RECEIPT OF THAT NOTICE TO
CURE THE BREACH. IF THE BREACH HAS NOT BEEN CURED WITHIN THAT NINETY-DAY
PERIOD, THE COMPLAINING PARTY MAY SUE FOR THE RECOVERY OF THE MONEY DUE UNDER
THE AGREEMENT, SUE FOR SPECIFIC ENFORCEMENT OF THE AGREEMENT, OR TERMINATE THE
AGREEMENT BY GIVING NOTICE OF TERMINATION TO ALL OTHER PARTIES.
(F) IN ORDER TO ASSIST ECONOMIC DEVELOPMENT OR TO PROVIDE
APPROPRIATE STATE FUNCTIONS AND SERVICES TO ANY PART OF THE STATE, THE STATE
OR ANY STATE AGENCY MAY BECOME A PARTY TO A COOPERATIVE ECONOMIC DEVELOPMENT
AGREEMENT UPON THE APPROVAL OF THE GOVERNOR AND THE WRITTEN CONSENT OF THE
LEGISLATIVE AUTHORITY OR GOVERNING BOARD OF EACH GOVERNMENT ENTITY THAT IS A
PARTY TO THE AGREEMENT AND UPON THE APPROVAL OF EACH PERSON OR PRIVATE ENTITY
DESCRIBED IN DIVISION (C)(10) OF THIS SECTION THAT IS PARTY TO THE
AGREEMENT.
(G) A COOPERATIVE ECONOMIC DEVELOPMENT AGREEMENT ENTERED INTO
UNDER THIS SECTION IS IN ADDITION TO ANY OTHER AGREEMENTS AUTHORIZED BY LAW
BETWEEN MUNICIPAL CORPORATIONS AND COUNTIES OR BETWEEN MUNICIPAL CORPORATIONS
AND TOWNSHIPS.
(H) THE POWERS AND AUTHORIZATIONS PROVIDED FOR UNDER THIS SECTION
AND UNDER ANY COOPERATIVE ECONOMIC DEVELOPMENT AGREEMENT ENTERED INTO PURSUANT
TO THIS SECTION SHALL BE LIBERALLY CONSTRUED TO ALLOW PARTIES TO ENTER INTO
COOPERATIVE ECONOMIC DEVELOPMENT AGREEMENTS AND TO CARRY OUT SUCH AN AGREEMENT
BY PROVIDING GOVERNMENT IMPROVEMENTS AND FACILITIES AND SERVICES, BY PROMOTING
AND SUPPORTING ECONOMIC DEVELOPMENT, BY CREATING AND PRESERVING EMPLOYMENT
OPPORTUNITIES, AND BY ALLOWING FOR THE SHARING BY COUNTIES AND TOWNSHIPS IN
THE BENEFITS OF ECONOMIC DEVELOPMENT EVEN IF THE ECONOMIC DEVELOPMENT DOES NOT
OCCUR IN AN UNINCORPORATED AREA.
Sec. 715.70. (A) This section and section 715.71 of the Revised
Code apply only to:
(1) Municipal corporations and townships within a county that
has adopted a charter under Sections 3 and 4 of Article X, Ohio
Constitution.;
(2) Municipal corporations and townships that have created a joint
economic development district comprised entirely of real property
owned by a municipal corporation AT THE TIME THE DISTRICT WAS CREATED UNDER
THIS SECTION. The real property owned by the
municipal corporation shall include an airport owned by the
municipal corporation and located entirely beyond the municipal
corporation's corporate boundary.
(3) Municipal corporations or townships that are part of or
contiguous to a
transportation improvement district created under Chapter 5540.
of the Revised Code and that have created a joint economic development
district under this section or section 715.71 of the Revised Code prior to
the
effective date of this amendment NOVEMBER 15, 1995;
(4) MUNICIPAL CORPORATIONS THAT HAVE PREVIOUSLY ENTERED
INTO A CONTRACT CREATING A JOINT ECONOMIC DEVELOPMENT DISTRICT
PURSUANT TO DIVISION (A)(2) OF THIS SECTION,
EVEN IF THE TERRITORY TO BE INCLUDED IN THE DISTRICT DOES NOT
MEET THE REQUIREMENTS OF THAT DIVISION.
(B)(1) One or more municipal corporations and one or more
townships may enter into a contract approved by the legislative
authority of each contracting party pursuant to which they create
as a joint economic development district an area or areas for the
purpose of facilitating economic development to create or
preserve jobs and employment opportunities and to improve the
economic welfare of the people in the state and in the area of
the contracting parties. Any interested person, other than a
political subdivision, may bring a civil action within thirty
days after the executed copy of the contract is filed with the
county recorder pursuant to division (B)(5) of this section challenging
whether the
contract satisfies the purposes of a joint economic development
district as described in this section A MUNICIPAL CORPORATION DESCRIBED
IN DIVISION (A)(4) OF
THIS SECTION MAY ENTER INTO A CONTRACT WITH OTHER MUNICIPAL
CORPORATIONS AND TOWNSHIPS TO CREATE A NEW JOINT ECONOMIC
DEVELOPMENT DISTRICT. IN A DISTRICT THAT INCLUDES A MUNICIPAL
CORPORATION DESCRIBED IN DIVISION (A)(4) OF
THIS SECTION, THE TERRITORY OF EACH OF THE CONTRACTING PARTIES
SHALL BE CONTIGUOUS TO THE TERRITORY OF AT LEAST ONE OTHER
CONTRACTING PARTY, OR CONTIGUOUS TO THE TERRITORY OF A TOWNSHIP
OR MUNICIPAL CORPORATION THAT IS CONTIGUOUS TO ANOTHER
CONTRACTING PARTY, EVEN IF THE INTERVENING TOWNSHIP OR MUNICIPAL
CORPORATION IS NOT A CONTRACTING PARTY. The area OR AREAS of land
to be
included in the district shall not include any parcel of land
owned in fee by a municipal corporation or a township or parcel
of land that is leased to a municipal corporation or a township,
unless the municipal corporation or township is a party to the
contract or unless the municipal corporation or township has
given its consent to have its parcel of land included in the
district by the adoption of a resolution. As used in this
division, "parcel of land" means any parcel of land owned by a
municipal corporation or a township for at least a six-month
period within a five-year period prior to the creation of a
district, but "parcel of land" does not include streets or public
ways and sewer, water, and other utility lines whether owned in
fee or otherwise.
The district created shall be located within the territory
of one or more of the participating parties and may consist of
all or a portion of such territory. The boundaries of the
district shall be described in the contract or in an addendum to
the contract.
(2) Where a municipal corporation is located within one-quarter
mile of a proposed joint economic
development district and is not otherwise a party to the proposed
contract, the participating parties shall afford the municipal
corporation the reasonable opportunity, for a period of not less
than thirty days following receipt of notice of such opportunity
from the participating parties, to meet and confer with the
participating parties to determine whether the municipal
corporation will participate in the joint economic development
district.
Prior to the public hearing to be held pursuant to division
(D)(2) of this section, the participating parties shall give a
copy of the proposed contract to each municipal corporation
located within one-quarter mile of the proposed joint economic development
district and not
otherwise a party to the contract, and afford the municipal
corporation the reasonable opportunity, for a period of thirty
days following receipt of the proposed contract, to make comments
and suggestions to the participating parties regarding elements
contained in the proposed contract. Prior to the public hearing,
the participating parties may include in the contract any of the
suggestions or recommendations made by any such municipal
corporation.
(3) The district shall not exceed two thousand acres in area. The territory
of the district shall not completely surround
territory that is not included within the boundaries of the
district.
(4) Sections 503.07 to 503.12 of the Revised Code do not apply
to territory included within a district created pursuant to this
section as long as the contract creating the district is in
effect, unless the legislative authority of each municipal
corporation and the board of township trustees of each township
included in the district consent, by ordinance or resolution, to
the application of those sections of the Revised Code.
(5) Upon the execution of the contract creating the district by
the parties to the contract, a participating municipal
corporation or township included within the district shall file a
copy of the fully executed contract with the county recorder of each county
within which a party to the contract is located, in the miscellaneous records
of the county. No annexation
proceeding pursuant to Chapter 709. of the Revised Code that
proposes the annexation to, merger, or consolidation with a
municipal corporation of any unincorporated territory within the
district shall be commenced for a period of three years after the
contract is filed with the county recorder of each county within which a party
to the contract is located unless each board of
township trustees whose territory is included, in whole or part,
within the district and the territory proposed to be annexed,
merged, or consolidated adopts a resolution consenting to the
commencement of the proceeding and a copy of the resolution is
filed with the clerk of the board of county commissioners
LEGISLATIVE AUTHORITY of each county
within which a party to the contract is located or
unless the contract is terminated during this period.
The contract entered into between the municipal
corporations and townships pursuant to this section may provide
for the prohibition of any annexation by the participating
municipal corporations of any unincorporated territory within the
district beyond the three-year mandatory prohibition of any
annexation provided for in division (B)(5) of this section.
(C)(1) After the legislative authority of a municipal
corporation and the board of township trustees have adopted an
ordinance and resolution approving a contract to create a joint
economic development district pursuant to this section, and after
a contract has been signed, the municipal corporations and
townships shall jointly file a petition with the legislative
authority of each county within which a party to the contract is located.
Copies of the ordinances, resolutions,
and contract shall be attached to the petition. The
(a) THE petition
shall contain all of the following:
(a)(i) A statement that the area OR AREAS of the
district is not
greater than two thousand acres and is located within the
territory of one or more of the contracting parties;
(b)(ii) A brief summary of the services to be provided by
each
party to the contract OR A REFERENCE TO THE PORTION OF THE CONTRACT
DESCRIBING THOSE SERVICES;
(c)(iii) A legal description of the area OR
AREAS to be designated as
the district;
(d)(iv) The signature of a representative of each of the
contracting parties;.
(b) THE FOLLOWING DOCUMENTS SHALL BE FILED WITH THE PETITION:
(i) A SIGNED COPY OF THE CONTRACT, TOGETHER WITH COPIES OF
DISTRICT MAPS AND PLANS RELATED TO OR PART OF THE CONTRACT;
(ii) A CERTIFIED COPY OF THE ORDINANCES AND RESOLUTIONS OF THE
CONTRACTING PARTIES APPROVING THE CONTRACT;
(iii) A CERTIFICATE FROM EACH OF THE CONTRACTING PARTIES
INDICATING THAT THE PUBLIC HEARINGS REQUIRED BY DIVISION (D)(2) OF
THIS SECTION HAVE BEEN HELD, THE DATE OF THE HEARINGS, AND EVIDENCE OF
PUBLICATION OF THE NOTICE OF THE HEARINGS;
(e) The signatures of a majority (iv) ONE OR MORE SIGNED
STATEMENTS of those persons who are
owners of property located IN WHOLE OR IN PART within the area to be
designated as
the district and the signatures of those, REQUESTING THAT
SUCH PROPERTY BE INCLUDED WITHIN THE DISTRICT, PROVIDED THAT THOSE STATEMENTS
SHALL REPRESENT A MAJORITY OF THE PERSONS OWNING PROPERTY LOCATED IN WHOLE OR
IN PART WITHIN THE DISTRICT AND persons who are owners
of the OWNING A majority of THE acreage located within the
district. A SIGNATURE MAY BE WITHDRAWN BY THE SIGNER UP TO BUT NOT AFTER
THE TIME OF THE PUBLIC HEARING REQUIRED BY DIVISION (D)(2) OF THIS
SECTION.
The legislative authority of each county within which a party to the
contract
is located shall hold a public
hearing concerning the joint economic development district
contract within thirty days after the filing of the petition and
shall publish notice of the time and place of the public hearing
in a newspaper of general circulation in the county at least
fourteen days prior to the hearing.
During the thirty-day period prior to the public hearing, a
copy of the text of the contract together with copies of district
maps and plans related to or part of the contract shall be on
file, for public examination, in the offices of the clerk of the
legislative authority of each county within which a party to the contract is
located.
(2) After the public hearing on the petition relating to
the creation of a joint economic development district has been
held, the THE legislative authority of each county within which a
party to the
contract is located shall adopt a
resolution approving the petition for the creation of the
district if the petition meets AND OTHER DOCUMENTS HAVE BEEN FILED
IN ACCORDANCE WITH the requirements of division
(C)(1) of this section. If the petition does AND OTHER DOCUMENTS
DO not SUBSTANTIALLY meet the requirements of
that division, the legislative authority of any county within which a party to
the contract is located may adopt a resolution disapproving the petition for
the creation of the district. The legislative authority of each county within
which a party to the contract is located shall adopt a resolution approving or
disapproving the petition
within sixty THIRTY days after the public hearing
PETITION was held FILED. If the legislative
authority of each such county does not adopt the
resolution within the sixty-day THIRTY-DAY period, the
petition shall be deemed approved and the contract shall go into
effect no sooner than thirty days IMMEDIATELY after that
approval OR AT SUCH OTHER TIME AS THE CONTRACT SPECIFIES.
(D)(1) The contract creating the district shall set forth
or provide for the amount or nature of the contribution of each
municipal corporation and township to the development and
operation of the district and may provide for the sharing of the
costs of the operation of and improvements for the district. The
contributions may be in any form to which the contracting
municipal corporations and townships agree and may include but
are not limited to the provision of services, money, real or
personal property, facilities, or equipment.
THE CONTRACT MAY PROVIDE FOR THE CONTRACTING PARTIES TO
SHARE REVENUE FROM TAXES LEVIED ON PROPERTY BY ONE OR MORE OF
THE CONTRACTING PARTIES IF THOSE REVENUES MAY LAWFULLY BE
APPLIED TO THAT PURPOSE UNDER THE LEGISLATION BY WHICH THOSE
TAXES ARE LEVIED. The contract shall
provide for new, expanded, or additional services, facilities, or
improvements, including expanded or additional capacity for or
other enhancement of existing services, facilities, or
improvements, provided that those services, facilities, or
improvements, or expanded or additional capacity for or
enhancement of existing services, facilities, or improvements,
required herein have been provided within the two-year period
prior to the execution of the contract.
(2) Before the legislative authority of a municipal
corporation or a board of township trustees passes any ordinance
or resolution approving a contract to create a joint economic
development district pursuant to this section, the legislative
authority of the municipal corporation and the board of township
trustees shall EACH hold a public hearing concerning the joint
economic development district contract and shall provide thirty
days' public notice of the time and place of the public hearing
in a newspaper of general circulation in the municipal
corporation and the township. The board of township trustees
shall MAY provide ADDITIONAL notice to township residents
in accordance with
section 505.07 of the Revised Code and the ANY SUCH ADDITIONAL
notice shall include:
the public hearing announcement; a summary of the terms of the
contract; a disclosure of the fact STATEMENT that the entire
text of the
contract and district maps and plans are on file for public
examination in the office of the township clerk; and information
pertaining to any tax changes which will or may occur as a result
of the contract.
During the thirty-day period prior to the public hearing, a
copy of the text of the contract together with copies of district
maps and plans related to or part of the contract shall be on
file, for public examination, in the offices of the clerk of the
legislative authority of the municipal corporation and of the
township clerk. The public hearing provided for in division (D)(2) of this
section shall allow for public comment and recommendations from the
public on the proposed contract. THE CONTRACTING PARTIES MAY INCLUDE IN
THE CONTRACT ANY OF THOSE RECOMMENDATIONS PRIOR TO THE APPROVAL OF THE
CONTRACT.
(3) Any resolution of the board of township trustees that
approves a contract that creates a joint economic development
district pursuant to this section shall be subject to a
referendum of the electors of the township. When a referendum
petition, signed by ten per cent of the number of electors in the
township who voted for the office of governor at the most
recent general election for the office of governor, is
presented to the board of township trustees within thirty days
after the board of township trustees adopted the resolution,
ordering that the resolution be submitted to the electors of the
township for their approval or rejection, the board of township
trustees shall, after ten days and not later than four p.m. of
the seventy-fifth day before the election, certify the text of
the resolution to the board of elections. The board of elections
shall submit the resolution to the electors of the township for
their approval or rejection at the next general,
primary, or special election occurring subsequent to
seventy-five days after the certifying of the petition to the
board of elections.
(4) UPON THE CREATION OF A DISTRICT UNDER THIS SECTION OR SECTION
715.71 of the Revised Code, ONE OF THE CONTRACTING PARTIES SHALL FILE A COPY OF THE FOLLOWING
WITH THE DIRECTOR OF DEVELOPMENT:
(a) THE PETITION AND OTHER DOCUMENTS DESCRIBED IN DIVISION
(C)(1) OF THIS SECTION, IF THE DISTRICT IS CREATED UNDER THIS
SECTION;
(b) THE DOCUMENTS DESCRIBED IN DIVISION (D) OF SECTION
715.71 of the Revised Code, IF THE DISTRICT IS CREATED UNDER THAT SECTION.
(E) The district created by the contract shall be governed
by a board of directors that shall be established by or pursuant
to the contract. The board is a public body for the purposes of
section 121.22 of the Revised Code. The provisions of Chapter
2744. of the Revised Code apply to the board and the district.
The members of the board shall be appointed as provided in the
contract from among the elected members of the legislative
authorities and the elected chief executive officers of the
contracting parties, provided that there shall be at least two
members appointed from each of the contracting parties.
(F) The contract shall enumerate the specific powers,
duties, and functions of the board of directors of a district,
and the contract shall provide for the determination of
procedures that are to govern the board of directors. The
contract may grant to the board the power to adopt a resolution to levy an
income tax within the district. The income tax shall be used for the
purposes of the district and for the purposes of the contracting
municipal corporations and townships pursuant to the contract. The income tax
may be levied in the district based upon ON income
earned by persons working or residing within the district and
upon BASED ON the net profits of businesses located in the
district. The
income tax is subject to SHALL FOLLOW THE PROVISIONS OF Chapter
718. of the Revised Code, except
that a vote shall be required by the electors residing in the
district to approve the rate of income tax. If no electors
reside within the district, then division (F)(4) of this section
applies. The rate of the income tax shall be no higher than the
highest rate being levied by a municipal corporation that is a
party to the contract.
(1) Within one hundred eighty days after the first meeting
of the board of directors, the board may levy an income tax at a
rate that is not higher than the highest rate being levied by a
municipal corporation that is a party to the contract, provided
that the rate of the income tax is first submitted to and
approved by the electors of the district at the succeeding
regular or primary election, or a special election called by the
board, occurring subsequent to seventy-five days after a
certified copy of the resolution levying the income tax and
calling for the election is filed with the board of elections. If the voters
approve the levy of the income tax, the income tax
shall be in force for the full period of the contract
establishing the district. Any increase in the rate of an income
tax that was first levied within one hundred eighty days after
the first meeting of the board of directors shall be approved by
a vote of the electors of the district and, shall be in force
for
the remaining period of the contract establishing the district, AND
SHALL NOT BE SUBJECT TO DIVISION (F)(2) OF THIS SECTION.
(2) Any resolution of the board of directors levying an
income tax that is adopted subsequent to one hundred eighty days
after the first meeting of the board of directors shall be
subject to a referendum as provided in division (F)(2) of this
section. Any resolution of the board of directors levying an
income tax that is adopted subsequent to one hundred eighty days
after the first meeting of the board of directors shall be
subject to an initiative proceeding to amend or repeal the
resolution levying the income tax as provided in division (F)(2)
of this section. When a referendum petition, signed by ten per
cent of the number of electors in the district who voted for the
office of governor at the most recent general election for the
office of governor, is filed with the county auditor of each county within
which a party to the contract is located within
thirty days after the resolution is adopted by the board or when
an initiative petition, signed by ten per cent of the number of
electors in the district who voted for the office of governor at
the most recent general election for the office of governor,
is filed with the county auditor of each such county ordering that a
resolution to
amend or repeal a prior resolution levying an income tax be
submitted to the electors within the district for their approval
or rejection, the county auditor of each such county, after ten days and not
later than four p.m. of the seventy-fifth day before the
election, shall certify the text of the resolution to the board of
elections of that county. The county auditor of each such county shall retain
the petition. The
board of elections shall submit the resolution to such electors,
for their approval or rejection, at the next general,
primary, or special election occurring subsequent to
seventy-five days after the certifying of such petition to the
board of elections.
(3) Whenever a district is located in the territory of
more than one contracting party, a majority vote of the electors, IF
ANY,
in each of the several portions of the territory of the
contracting parties constituting the district approving the levy
of the tax is required before it may be imposed pursuant to this
division.
(4) If there are no electors residing in the district, no
election for the approval or rejection of an income tax shall be
held pursuant to this section, provided that where no electors
reside in the district, the maximum rate of the income tax that
may be levied shall not exceed one per cent.
(5) The board of directors of a district levying an income
tax shall enter into an agreement with one of the municipal
corporations that is a party to the contract to administer,
collect, and enforce the income tax on behalf of the district.
The resolution levying the income tax shall provide the same
credits, if any, to residents of the district for income taxes
paid to other such districts or municipal corporations where the
residents work, as credits provided to residents of the municipal
corporation administering the income tax.
(6)(a) The board shall publish or post public notice
within the district of any resolution adopted levying an income
tax in the same manner required of municipal corporations under
sections 731.21 and 731.25 of the Revised Code.
(b) Except as otherwise specified by this division, any
referendum or initiative proceeding within a district shall be
conducted in the same manner as is required for such proceedings
within a municipal corporation pursuant to sections 731.28 to
731.40 of the Revised Code.
(G) Membership on the board of directors does not
constitute the holding of a public office or employment within
the meaning of any section of the Revised Code or any charter
provision prohibiting the holding of other public office or
employment, and shall not constitute an interest, either direct
or indirect, in a contract or expenditure of money by any
municipal corporation, township, county, or other political
subdivision with which the member may be connected. No member of
a board of directors shall be disqualified from holding any
public office or employment, nor shall such member forfeit or be
disqualified from holding any such office or employment, by
reason of the member's membership on the board of directors,
notwithstanding any law or charter provision to the contrary.
(H) The powers and authorizations granted pursuant to this
section or section 715.71 of the Revised Code are in addition to and not in
the derogation of all other
powers granted to municipal corporations and townships pursuant
to law. When exercising a power or performing a function or duty
under a contract authorized pursuant to this section or section 715.71 of the
Revised Code, a municipal
corporation may exercise all of the powers of a municipal
corporation, and may perform all the functions and duties of a
municipal corporation, within the district, pursuant to and to
the extent consistent with the contract. When exercising a power
or performing a function or duty under a contract authorized
pursuant to this section or section 715.71 of the Revised Code, a township may
exercise all of the
powers of a township, and may perform all the functions and
duties of a township, within the district, pursuant to and to the
extent consistent with the contract. The district board of
directors has no powers except those specifically set forth in
the contract as agreed to by the participating parties. No
political subdivision shall authorize or grant any tax
exemption
pursuant to Chapter 1728. or section 3735.67, 5709.62,
5709.63, or 5709.632 of the Revised Code on any
property located within the
district, EXCEPT THAT A POLITICAL SUBDIVISION THAT IS A CONTRACTING
PARTY MAY GRANT A TAX EXEMPTION UNDER SECTION 5709.62, 5709.63, OR 5709.632
of the Revised Code ON PROPERTY LOCATED WITHIN THE DISTRICT, WITH THE CONSENT OF THE OTHER
CONTRACTING PARTIES. The prohibition for any tax exemption
pursuant to this division shall not apply to any exemption filed,
pending, or approved, OR FOR WHICH AN AGREEMENT HAS BEEN ENTERED
INTO, before the effective date of the contract entered into
by the parties.
(I) Municipal corporations and townships may enter into
binding agreements pursuant to a contract authorized under this
section or section 715.71 of the Revised Code with respect to the substance
and administration of
zoning and other land use regulations, building codes, public
permanent improvements, and other regulatory and proprietary
matters that are determined, pursuant to the contract, to be for
a public purpose and to be desirable with respect to the
operation of the district or to facilitate new or expanded
economic development in the state or the district, provided that
no contract shall exempt the territory within the district from
the procedures and processes of land use regulation applicable
pursuant to municipal corporation, township, and county
regulations, including but not limited to procedures and
processes concerning zoning.
(J) A contract entered into pursuant to this section or section 715.71 of the
Revised Code may
be amended and it may be renewed, canceled, or terminated as
provided in or pursuant to the contract. THE CONTRACT MAY BE AMENDED TO
ADD PROPERTY OWNED BY ONE OF THE CONTRACTING PARTIES TO THE DISTRICT, OR MAY
BE AMENDED TO DELETE PROPERTY FROM THE DISTRICT WHETHER OR NOT ONE OF THE
CONTRACTING PARTIES OWNS THE DELETED PROPERTY. The contract shall
continue in existence throughout its term and shall be binding on
the contracting parties and on any entities succeeding to such
parties, whether by annexation, merger, or otherwise. The income
tax levied by the board pursuant to this section or section 715.71 of the
Revised Code shall apply in
the entire district throughout the term of the contract,
notwithstanding that all or a portion of the district becomes
subject to annexation, merger, or incorporation. No township or
municipal corporation is divested of its rights or obligations
under the contract because of annexation, merger, or succession
of interests.
(K) AFTER THE CREATION OF A JOINT ECONOMIC DEVELOPMENT DISTRICT
DESCRIBED IN DIVISION (A)(2) OF THIS SECTION, A MUNICIPAL CORPORATION
THAT IS A CONTRACTING PARTY MAY CEASE TO OWN PROPERTY INCLUDED IN THE
DISTRICT, BUT SUCH PROPERTY SHALL CONTINUE TO BE INCLUDED IN THE DISTRICT AND
SUBJECT TO THE TERMS OF THE CONTRACT.
Sec. 715.71. (A) This section provides alternative
procedures and requirements to those set forth in section 715.70
of the Revised Code for creating and operating a joint economic
development district. Divisions (B), (C), (D)(1) TO
(3), and (F) of
section 715.70 of the Revised Code do not apply to a joint
economic development district established under this section.
However, divisions (A), (D)(4), (E), (G), (H), (I), and
(J), AND (K) of
section
715.70 of the Revised Code do apply to a district established
under this section.
(B) One or more municipal corporations and one or more
townships may enter into a contract approved by the legislative
authority of each contracting party pursuant to which they create
as a joint economic development district one or more areas for
the purpose of facilitating economic development to create or
preserve jobs and employment opportunities and to improve the
economic welfare of the people in this state and in the area of
the contracting parties. The district created shall be located
within the territory of one or more of the contracting parties
and may consist of all or a portion of such territory. The
boundaries of the district shall be described in the contract or
in an addendum to the contract. The area or areas of land to be
included in the district shall not include any parcel of land
owned in fee by or leased to a municipal corporation or township,
unless the municipal corporation or township is a party to the
contract or has given its consent to have its parcel of land
included in the district by the adoption of a resolution. As
used in this division, "parcel of land" has the same meaning as
in division (B) of section 715.70 of the Revised Code.
(C) Before the legislative authority of a municipal
corporation or a board of township trustees adopts an ordinance
or resolution approving a contract to create a joint economic
development district under this section, it shall hold a public
hearing concerning the joint economic development district
contract and shall provide thirty days' public notice of the time
and place of the public hearing in a newspaper of general
circulation in the municipal corporation and the township. Each
municipal corporation and township that is a party to the
contract shall hold a public hearing. During the thirty-day
period prior to a public hearing, a copy of the text of the
contract together with copies of district maps and plans related
to or part of the contract shall be on file, for public
examination, in the offices of the clerk of the legislative
authority of the municipal corporation and of the township clerk.
The public hearings provided for in this division shall allow for
public comment and recommendations on the proposed contract. The
participating parties may include in the contract any of those
recommendations prior to approval of the contract.
(D) After the legislative authority of a municipal
corporation and the board of township trustees have adopted an
ordinance and resolution approving a contract to create a joint
economic development district, the municipal corporation and the
township jointly shall file with the legislative authority of
each county within which a party to the contract is located all
of the following:
(1) A signed copy of the contract, together with copies of
district maps and plans related to or part of the contract;
(2) Certified copies of the ordinances and resolutions of
the contracting parties relating to the district and the
contract;
(3) A certificate of each of the contracting parties that
the public hearings provided for in division (C) of this section
have been held, the date of such hearings, and evidence of
publication of the notice of such hearings.
(E) Within thirty days after the filing under division (D)
of this section, the legislative authority of each county within
which a party to the contract is located shall adopt a resolution
acknowledging the receipt of the required documents, approving
the creation of the joint economic development district, and
directing that the resolution of the board of township trustees
approving the contract be submitted to the electors of the
township for approval at the next succeeding general, primary, or
special election. The legislative authority of the county shall
file with the board of elections at least seventy-five days
before the day of the election a copy of the resolution of the
board of township trustees approving the contract. The
resolution of the legislative authority of the county also shall
specify the date the election is to be held and shall direct the
board of elections to conduct the election in the township. If
the resolution of the legislative authority of the county is not
adopted within the thirty-day period after the filing under
division (D) of this section, the joint economic development
district shall be deemed approved by the county legislative
authority and the board of township trustees shall file its
resolution with the board of elections for submission to the
electors of the township for approval at the next succeeding
general, primary, or special election. Such filing shall occur
at least seventy-five days before the specified date the election
is to be held and shall direct the board of elections to conduct
the election in the township.
The ballot shall be in the following form:
"Shall the resolution of the board of township trustees
approving the contract with ............... (here insert name of
each municipal corporation and other township that is a party to
the contract) for the creation of a joint economic development
district be approved?
________________________________________________
FOR THE RESOLUTION AND CONTRACT
________________________________________________
AGAINST THE RESOLUTION AND CONTRACT
________________________________________________ "
If a majority of the electors of the township voting on the issue
vote for the resolution and contract, the resolution shall become
effective immediately and the contract shall go into effect
immediately or in accordance with its terms.
(F) The contract creating the district shall set forth or
provide for the amount or nature of the contribution of each
municipal corporation and township to the development and
operation of the district and may provide for the sharing of the
costs of the operation of and improvements for the district. The
contributions may be in any form to which the contracting
municipal corporations and townships agree and may include but
are not limited to the provision of services, money, real or
personal property, facilities, or equipment. THE CONTRACT MAY PROVIDE FOR
THE CONTRACTING PARTIES TO
SHARE REVENUE FROM TAXES LEVIED ON PROPERTY BY ONE OR MORE OF
THE CONTRACTING PARTIES IF THOSE REVENUES MAY LAWFULLY BE
APPLIED TO THAT PURPOSE UNDER THE LEGISLATION BY WHICH THOSE
TAXES ARE LEVIED. The contract shall
provide for new, expanded, or additional services, facilities, or
improvements, including expanded or additional capacity for or
other enhancement of existing services, facilities, or
improvements, provided that the existing services, facilities, or
improvements, or the expanded or additional capacity for or
enhancement of the existing services, facilities, or
improvements, have been provided within the two-year period prior
to the execution of the contract.
(G) The contract shall enumerate the specific powers,
duties, and functions of the board of directors of the district
and shall provide for the determination of procedures that are to
govern the board of directors. The contract may grant to the
board the power to adopt a resolution to levy an income tax
within the district. The income tax shall be used for the
purposes of the district and for the purposes of the contracting
municipal corporations and townships pursuant to the contract.
The income tax may be levied in the district based on income
earned by persons working or residing within the district and
based on the net profits of businesses located in the district.
The income tax of the district shall follow the provisions of
Chapter 718. of the Revised Code, except that no vote shall be
required by the electors residing in the district. The rate of
the income tax shall be no higher than the highest rate being
levied by a municipal corporation that is a party to the
contract.
The board of directors of a district levying an income tax
shall enter into an agreement with one of the municipal
corporations that is a party to the contract to administer,
collect, and enforce the income tax on behalf of the district.
The resolution levying the income tax shall provide the same
credits, if any, to residents of the district for income taxes
paid to other such districts or municipal corporations where the
residents work, as credits provided to residents of the municipal
corporation administering the income tax.
(H) No annexation proceeding pursuant to Chapter 709. of
the Revised Code that proposes the annexation to or merger or
consolidation with a municipal corporation, except a municipal
corporation that is a party to the contract, of any
unincorporated territory within the district shall be commenced
for a period of three years after the contract is filed with the
legislative authority of each county within which a party to the
contract is located in accordance with division (D) of this
section unless each board of township trustees whose territory is
included, in whole or part, within the district and the territory
proposed to be annexed, merged, or consolidated adopts a
resolution consenting to the commencement of the proceeding and a
copy of the resolution is filed with the legislative authority of
each such county or unless the contract is terminated during this
three-year period. The contract entered into between the
municipal corporations and townships pursuant to this section may
provide for the prohibition of any annexation by the
participating municipal corporations of any unincorporated
territory within the district.
Sec. 715.72. (A) As used in sections 715.72 to 715.81 of the
Revised Code:
(1) "Contracting parties" means one or more municipal corporations and one
or more townships that have entered into a contract under
this section to create a joint economic
development district.
(2) "District" means a joint economic development district created under
sections 715.72 to 715.81 of the Revised Code.
(3) "Contract for utility services" means a contract under which a
municipal corporation agrees to provide to a township or another municipal
corporation water, sewer, electric, or other utility services necessary to the
public health, safety, and welfare.
(B) Sections 715.72 to 715.81 of the Revised Code provide alternative
procedures and requirements to those set forth in sections 715.70 and 715.71
of the Revised Code for creating and operating a joint economic development
district. Sections 715.72 to 715.81
of the Revised Code apply to municipal corporations and
townships that are located in the same county or in adjacent counties.
(C) One or more municipal corporations and one or more
townships may enter into a contract pursuant to which they create
as a joint economic development district one or more areas for
the purpose of facilitating economic development to create or
preserve jobs and employment opportunities and to improve the
economic welfare of the people in this state and in the area of
the contracting parties. The
(1) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(2) OF
THIS
SECTION, THE territory of each of the contracting parties
shall be contiguous to the territory of at least one other contracting party,
unless the contracting parties have entered into a contract under section
715.70 or 715.71 of the Revised Code creating a joint economic development
district prior to
the effective date of this section. Contracting OR CONTIGUOUS TO THE
TERRITORY OF A TOWNSHIP OR MUNICIPAL CORPORATION THAT IS CONTIGUOUS TO ANOTHER
CONTRACTING PARTY, EVEN IF THE INTERVENING TOWNSHIP OR MUNICIPAL CORPORATION
IS NOT A CONTRACTING PARTY.
(2) CONTRACTING parties that have entered
into a contract under section 715.70 or 715.71 of the Revised Code creating a
joint economic
development district prior to the effective date of this section
NOVEMBER 15, 1995, may enter
into a contract under this section even if the territory of each of the
contracting parties is not contiguous to the territory of at least one other
contracting party, OR CONTIGUOUS TO THE TERRITORY OF A TOWNSHIP OR
MUNICIPAL CORPORATION THAT IS CONTIGUOUS TO ANOTHER CONTRACTING PARTY AS
OTHERWISE REQUIRED UNDER DIVISION (C)(1) OF THIS SECTION.
The contract and district shall meet
the requirements of sections 715.72 to 715.81 of the
Revised Code.
Sec. 715.74. (A) The contract creating a joint economic
development district shall
provide for the amount or nature of the contribution of each
contracting party to the development and
operation of the district and may provide for the sharing of the
costs of the operation of and improvements for the district. The
contributions may be in any form to which the contracting
parties agree and may include, but
are not limited to, the provision of services, money, real or
personal property, facilities, or equipment. THE CONTRACT MAY PROVIDE FOR
THE CONTRACTING PARTIES TO SHARE REVENUE FROM TAXES LEVIED ON PROPERTY BY ONE
OR MORE OF THE CONTRACTING PARTIES IF THOSE REVENUES MAY LAWFULLY BE APPLIED
TO
THAT PURPOSE UNDER THE LEGISLATION BY WHICH THOSE TAXES ARE LEVIED.
The contract shall
specify and provide for new, expanded, or additional services, facilities, or
improvements. The contract may provide for expanded or additional capacity
for or other enhancement of existing services, facilities, or improvements.
(B) The contract shall enumerate the specific powers, duties, and functions
of the board of directors of the district described under section 715.78 of
the Revised Code and shall provide for the determination of procedures that
are to govern the board.
(C)(1) The contract may grant to the
board the power to adopt a resolution to levy an income tax
within the district AND THE CONTRACT MAY DESGINATE CERTAIN PORTIONS OF THE
DISTRICT WHERE SUCH AN INCOME TAX MAY BE LEVIED. The income tax shall be
used for the
purposes of the district OR ANY PORTION OF THE DISTRICT IN WHICH THE
CONTRACT AUTHORIZES AN INCOME TAX and for the purposes of the contracting
parties pursuant to the contract. The income tax may be levied in the
district based on income
earned by persons working within the district and
based on the net profits of businesses located in the district. The income
tax of the district shall follow the provisions of Chapter 718. of the Revised
Code, except that no vote shall be required. The rate of
the income tax shall be no higher than the highest rate being
levied by a municipal corporation that is a contracting party.
(2) If the board adopts a resolution to levy an income tax,
it shall enter into an agreement with a municipal
corporation that is a contracting party to administer,
collect, and enforce the income tax on behalf of the district.
(3) A resolution levying an income tax under this section
shall require the contracting parties to annually set aside a
percentage, to be stated in the resolution, of the amount of the
income tax collected for the long-term maintenance of the
district.
(4) An income tax levied under this section shall apply in
the entire district OR ANY PORTION OF THE DISTRICT IN WHICH THE
CONTRACT AUTHORIZES AN INCOME TAX throughout the term of the contract
creating
the district, notwithstanding that all or a portion of the
district becomes subject to annexation, merger, or
consolidation.
(D) The contract creating a joint economic
development district shall continue in existence throughout its
term and shall be binding on the contracting parties and on any
parties succeeding to the contracting parties, whether by
annexation, merger, or consolidation. Except as provided in division
(E) of this section, the contract may be
amended, renewed, or terminated with the approval of the
contracting parties or any parties succeeding to the contracting parties.
IF THE CONTRACT IS AMENDED TO ADD AREA TO AN EXISTING DISTRICT, THE
AMENDMENT SHALL BE ADOPTED IN THE MANNER PRESCRIBED UNDER SECTION 715.761
of the Revised Code.
(E) If two or more contracting parties previously have entered into a
separate
contract for utility services, then amendment, renewal, or
termination of the separate contract for utility services shall
not constitute any part of the consideration
for the contract creating a joint economic development district. A
contract creating a joint economic development district shall be rebuttably
presumed to violate this division if it is entered into within two years
prior or five years subsequent to the amendment, renewal, or
termination of a separate contract for utility services that two
or more contracting parties previously have entered into. The
presumption stated in this division may be rebutted by clear and
convincing evidence of both of the following:
(1) That other substantial consideration
existed to support the contract creating a joint economic development
district;
(2) That the contracting parties entered into
the contract creating a joint economic development district freely and without
duress or coercion related to the amendment, renewal, or
termination of the separate contract for utility services.
(F) A contract creating a joint economic development district
that violates
division (E) of this section is void and unenforceable.
Sec. 715.76. After the public hearings required under
section 715.75 of the Revised Code have been held, each
contracting party may adopt an ordinance or resolution approving
the contract to create a joint economic development district.
After each contracting party has adopted such an ordinance or
resolution, the contracting parties jointly shall file with the
legislative authority of each county within which a contracting
party is located all of the following documents:
(A) A signed copy of the contract;
(B) A description of the area or areas to be included in the
district, including a
map in sufficient detail to denote the specific boundaries of
the area or areas and to indicate any zoning restrictions
applicable to the area or areas;
(C) The economic development plan described in division
(C) of section 715.75 of the Revised Code;
(D) Certified copies of the ordinances and resolutions of the contracting
parties
relating to the contract and district;
(E) A certificate of each contracting party that the public hearings required
by section
715.75 of the Revised Code have been held, the date of the hearings, and
evidence of publication of the notice of
the hearings;
(F) A petition signed by a majority of the owners of property
located within the area or areas to be included in the district;
(G) A petition signed by a majority of the owners of businesses,
if any, located within the area or areas to be included in the
district.
The petitions described in divisions (F) and (G)
of this section shall specify that all of the documents
described in divisions (A) through (C) of section 715.75 of the Revised Code
are available for public inspection in the office of the clerk of the
legislative
authority of each municipal corporation that is a contracting
party or the office of the township clerk of each township that is a
contracting party.
NOT LATER THAN TEN DAYS AFTER ALL OF THE DOCUMENTS DESCRIBED IN DIVISIONS
(A) TO (G) OF THIS
SECTION HAVE BEEN FILED, EACH CONTRACTING PARTY SHALL GIVE NOTICE TO THOSE
OWNERS OF PROPERTY WITHIN THE AREA OR AREAS TO BE INCLUDED IN THE DISTRICT WHO
DID NOT SIGN THE PETITION DESCRIBED IN DIVISION (F) OF THIS SECTION
AND WHOSE PROPERTY IS LOCATED WITHIN THE BOUNDARIES OF THAT CONTRACTING PARTY
AND TO THOSE OWNERS OF BUSINESSES, IF ANY, WITHIN THE AREA OR AREAS TO BE
INCLUDED IN THE DISTRICT WHO DID NOT SIGN THE PETITION DESCRIBED IN DIVISION
(G) OF THIS SECTION AND WHOSE PROPERTY IS LOCATED WITHIN THE
BOUNDARIES OF THAT CONTRACTING PARTY. NOTICE SHALL BE GIVEN BY CERTIFIED MAIL
AND SHALL SPECIFY THAT THE OWNERS OF PROPERTY AND BUSINESSES ARE LOCATED
WITHIN THE AREA OR AREAS TO BE INCLUDED IN THE DISTRICT AND THAT ALL OF THE
DOCUMENTS DESCRIBED IN DIVISIONS (A) TO (C) OF SECTION
715.75 of the Revised Code ARE AVAILABLE FOR PUBLIC INSPECTION IN THE OFFICE OF THE CLERK OF
THE LEGISLATIVE AUTHORITY OF EACH MUNICIPAL CORPORATION THAT IS A CONTRACTING
PARTY OR THE OFFICE OF THE TOWNSHIP CLERK OF EACH TOWNSHIP THAT IS A
CONTRACTING PARTY. THE CONTRACTING PARTIES SHALL EQUALLY BEAR THE COST OF
PROVIDING NOTICE UNDER THIS SECTION.
If the contracting parties do not file all of the
documents described in divisions (A) through (G) of this section, the
legislative authority of a county within which a contracting
party is located may adopt a resolution disapproving the
creation of the joint economic development district. In
addition, the legislative authority of such a county may adopt a
resolution disapproving the creation of the district if it
determines, in written findings of fact, that each contracting
party did not enter into the contract freely and without
duress or coercion.
Sec. 715.761.(A) THE
CONTRACTING PARTIES MAY AMEND THE CONTRACT TO ADD TO A JOINT
ECONOMIC DEVELOPMENT DISTRICT ANY AREA THAT WAS NOT ORIGINALLY
INCLUDED IN THE DISTRICT WHEN THE CONTRACT TOOK EFFECT. AREA
MAY BE ADDED ONLY IF THE AREA SATISFIES THE CRITERIA PRESCRIBED
UNDER SECTION 715.73 OF THE
REVISED
CODE.
(B) AN AMENDMENT ADDING
AREA TO A DISTRICT SHALL BE APPROVED BY A RESOLUTION OR
ORDINANCE ADOPTED BY EACH OF THE CONTRACTING PARTIES. THE
CONTRACTING PARTIES SHALL CONDUCT PUBLIC HEARINGS ON THE
AMENDMENT, PROVIDE NOTICE, AND DELIVER A COPY OF THE AMENDMENT
TO THE LEGISLATIVE AUTHORITY OF THE COUNTY IN WHICH THE ADDED
AREA IS LOCATED IN THE MANNER REQUIRED UNDER SECTION 715.75 OF
THE REVISED
CODE FOR ORIGINAL CONTRACTS.
THE CONTRACTING PARTIES SHALL MAKE AVAILABLE FOR PUBLIC
INSPECTION A COPY OF THE AMENDMENT, A DESCRIPTION OF THE AREA TO
BE ADDED TO THE DISTRICT, AND A MAP OF THAT AREA IN SUFFICIENT
DETAIL TO DENOTE THE SPECIFIC BOUNDARIES OF THE AREA AND TO
INDICATE ANY ZONING RESTRICTIONS APPLICABLE TO THE AREA.
(C) AFTER ADOPTING
RESOLUTIONS OR ORDINANCES APPROVING THE ADDITION OF THE AREA,
THE CONTRACTING PARTIES JOINTLY SHALL FILE WITH THE LEGISLATIVE
AUTHORITY OF THE COUNTY IN WHICH THE ADDED AREA IS LOCATED THE
DOCUMENTS REQUIRED TO BE FILED UNDER SECTION 715.76 OF THE
REVISED
CODE, EXCEPT THAT:
(1) A COPY OF THE AMENDMENT TO THE CONTRACT SHALL BE FILED IN LIEU OF A
COPY OF THE CONTRACT.
(2) THE DESCRIPTION AND MAP SHALL BE OF THE AREA TO BE
ADDED INSTEAD OF THE ENTIRE AREA OF THE DISTRICT.
(3) THE ECONOMIC DEVELOPMENT PLAN NEED NOT BE
FILED.
(4) CERTIFIED COPIES OF THE RESOLUTIONS AND ORDINANCES
APPROVING THE AMENDMENT SHALL BE FILED.
(5) THE CERTIFICATES OTHERWISE REQUIRED UNDER DIVISION
(E) OF SECTION 715.76 of the Revised Code SHALL
CERTIFY THAT THE HEARINGS REQUIRED UNDER DIVISION
(B) OF THIS SECTION HAVE BEEN
HELD, SHALL INDICATE THE DATE OF THOSE HEARINGS, AND SHALL
INCLUDE EVIDENCE THAT NOTICE OF THE HEARINGS WAS
PUBLISHED.
(6) THE PETITION OTHERWISE REQUIRED UNDER DIVISION
(F) OF SECTION 715.76 of the Revised Code SHALL BE
SIGNED BY A MAJORITY OF THE OWNERS OF PROPERTY LOCATED IN THE
AREA TO BE ADDED TO THE DISTRICT, THE PETITION OTHERWISE
REQUIRED UNDER DIVISION (G) OF
THAT SECTION SHALL BE SIGNED BY A MAJORITY OF THE OWNERS OF
BUSINESSES, IF ANY, LOCATED IN THE AREA TO BE ADDED TO THE
DISTRICT, AND THE PETITIONS SHALL SPECIFY THAT THE DOCUMENTS
DESCRIBED IN DIVISION (B) OF
THIS SECTION ARE AVAILABLE FOR PUBLIC INSPECTION AS OTHERWISE
REQUIRED UNDER SECTION 715.75 OF THE
REVISED
CODE.
(D) THE RESOLUTION OF A
BOARD OF TOWNSHIP TRUSTEES APPROVING AN AMENDMENT ADDING AREA TO
AN EXISTING JOINT ECONOMIC DEVELOPMENT DISTRICT IS NOT REQUIRED
TO BE SUBMITTED TO THE ELECTORS OF THE TOWNSHIP.
Sec. 715.77. (A)(1) A BOARD OF TOWNSHIP TRUSTEES THAT IS A PARTY TO A
CONTRACT CREATING A JOINT ECONOMIC DEVELOPMENT DISTRICT PURSUANT TO SECTIONS
715.72 TO 715.82 of the Revised Code MAY CHOOSE TO NOT SUBMIT ITS RESOLUTION APPROVING THE
CONTRACT TO THE ELECTORS OF THE TOWNSHIP IF ALL OF THE FOLLOWING CONDITIONS
ARE SATISFIED:
(a) THE RESOLUTION HAS BEEN APPROVED BY A UNANIMOUS VOTE OF THE
MEMBERS OF THE BOARD OF TOWNSHIP TRUSTEES;
(b) THE CREATION OF THE JOINT ECONOMIC DEVELOPMENT DISTRICT IS
PROPOSED AT THE REQUEST OF A MAJORITY OF THE OWNERS OF LAND INCLUDED WITHIN
THE PROPOSED DISTRICT;
(c) THE TERRITORY TO BE INCLUDED IN THE PROPOSED JOINT ECONOMIC
DEVELOPMENT DISTRICT IS ZONED IN A MANNER APPROPRIATE TO THE FUNCTION OF THE
PROPOSED DISTRICT.
(2) Unless the
legislative authority of a
couinty COUNTY adopts a resolution under section 715.76 of the
Revised Code
disapproving the
creation of a joint economic development district within thirty days after the
filing made
under that section, the legislative authority of each such county shall adopt
a resolution
acknowledging the receipt of the required documents, approving
the creation of the joint economic development district, and, IF THE
BOARD OF TOWNSHIP TRUSTEES HAS NOT INVOKED ITS AUTHORITY UNDER DIVISION
(A)(1) OF THIS SECTION,
directing that the resolution of the board of township trustees
approving the contract creating the joint economic development district be
submitted to the electors of the
township for approval at the next succeeding general, primary, or
special election. The IF THE BOARD OF TOWNSHIP TRUSTEES CHOOSES TO
SUBMIT APPROVAL OF THE CONTRACT TO THE ELECTORS OF THE TOWNSHIP, THE
legislative authority of the county shall
file with the board of elections at least seventy-five days
before the day of the election a copy of the resolution of the
board of township trustees approving the contract. The
resolution of the legislative authority of the county also shall
specify the date the election is to be held and shall direct the
board of elections to conduct the election in the township.
(2)(3) If the resolution of the legislative authority of the
county is not
adopted within the thirty-day period after the filing made under
section 715.76 of the Revised Code, the joint economic development
district shall be deemed approved by the county legislative
authority and, IF THE BOARD OF TOWNSHIP TRUSTEES HAS NOT INVOKED ITS
AUTHORITY UNDER DIVISION (A)(1) OF THIS SECTION, the board
of township trustees shall file its
resolution with the board of elections for submission to the
electors of the township for approval at the next succeeding
general, primary, or special election. The IN SUCH CASE, THE
board of township trustees shall
file the resolution at
least seventy-five days before the specified date the election
is to be held and shall direct the board of elections to conduct
the election in the township.
(4) ANY CONTRACT CREATING A JOINT ECONOMIC DEVELOPMENT DISTRICT
IN WHICH A BOARD OF TOWNSHIP TRUSTEES IS A PARTY SHALL PROVIDE THAT THE
CONTRACT IS NOT EFFECTIVE EARLIER THAN THE THIRTY-FIRST DAY AFTER ITS
APPROVAL, INCLUDING ANY APPROVAL BY ELECTORS REQUIRED IN THIS SECTION.
IF THE BOARD OF TOWNSHIP TRUSTEES CHOOSES PURSUANT TO DIVISION
(A)(1) OF THIS SECTION NOT TO SUBMIT THE APPROVAL OF THE CONTRACT TO
THE ELECTORS, THE RESOLUTION OF THE BOARD OF TOWNSHIP TRUSTEES APPROVING THE
CONTRACT IS SUBJECT TO A REFERENDUM OF THE ELECTORS OF THE TOWNSHIP WHEN
REQUESTED THROUGH A PETITION. WHEN SIGNED BY TEN PER CENT OF THE NUMBER OF
ELECTORS IN THE TOWNSHIP WHO VOTED FOR THE OFFICE OF GOVERNOR AT THE MOST
RECENT GENERAL ELECTION, A REFERENDUM PETITION ASKING THAT THE RESOLUTION BE
SUBMITTED TO THE ELECTORS OF THE TOWNSHIP MAY BE PRESENTED TO THE BOARD OF
TOWNSHIP TRUSTEES. SUCH A PETITION SHALL BE PRESENTED WITHIN THIRTY DAYS
AFTER THE BOARD OF TOWNSHIP TRUSTEES ADOPTS THE RESOLUTION. THE BOARD OF
TOWNSHIP TRUSTEES SHALL, NOT LATER THAN FOUR p.m. OF
THE TENTH DAY AFTER
RECEIPT OF THE PETITION, CERTIFY THE TEXT OF THE RESOLUTION TO THE BOARD OF
ELECTIONS. THE BOARD OF ELECTIONS SHALL SUBMIT THE RESOLUTION TO THE ELECTORS
OF THE TOWNSHIP FOR THEIR APPROVAL OR REJECTION AT THE NEXT GENERAL, PRIMARY,
OR SPECIAL ELECTION OCCURRING AT LEAST SEVENTY-FIVE DAYS AFTER SUCH
CERTIFICATION.
(B) The ballot shall be in the following form:
"Shall the resolution of the board of township trustees
approving the contract with ............... (here insert name of
each municipal corporation and other township that is a contracting party)
for the creation of a joint economic development
district be approved?
________________________________________________
FOR THE RESOLUTION AND CONTRACT
________________________________________________
AGAINST THE RESOLUTION AND CONTRACT
________________________________________________ "
If a majority of the electors of the township voting on the issue
vote for the resolution and contract, the resolution shall become
effective immediately and the contract shall go into effect
immediately ON THE THIRTY-FIRST DAY AFTER THIS ELECTION or
THEREAFTER in accordance with its terms OF THE CONTRACT.
Sec. 715.771. UPON THE CREATION OF A JOINT ECONOMIC DEVELOPMENT DISTRICT
UNDER SECTION 715.72 of the Revised Code, ONE OF THE CONTRACTING PARTIES SHALL FILE A COPY OF
EACH OF THE DOCUMENTS DESCRIBED IN DIVISIONS (A) TO (G)
OF SECTION 715.76 of the Revised Code WITH THE DIRECTOR OF DEVELOPMENT.
Sec. 715.78. (A) A board of directors shall govern
each joint economic development district created under section
715.72 of the Revised Code.
(1) If there are businesses located and persons working
within the area or areas to be included in the district, the
board shall be composed of the following members:
(a) One member representing the municipal corporations that are
contracting parties;
(b) One member representing the townships that are contracting
parties;
(c) One member representing the owners of businesses located
within the
district;
(d) One member representing the persons working within the
district;
(e) One member selected by
the members described in divisions (A)(1)(a) to
(d) of this section.
The members of the board shall be appointed as provided in
the contract. Of the members initially appointed to the board, the
member described in division (A)(1)(a) of this
section shall serve a term of one year; the member
described in division (A)(1)(b) of this section shall
serve a term of two years; the member
described in division (A)(1)(c) of this section shall
serve a term of three years; and the
members described in divisions (A)(1)(d) and
(e) of this section shall serve terms of
four years. Thereafter, terms for each member shall be for four
years, each term ending on the same day of the same month of the
year as did the term that it succeeds. A MEMBER MAY BE REAPPOINTED TO THE
BOARD, BUT NO MEMBER SHALL SERVE MORE THAN TWO CONSECUTIVE TERMS ON THE BOARD.
The member described in division (A)(1)(e) of this
section shall serve as chairperson of a board described
under division (A)(1) of this section.
(2) If there are no businesses located or persons working
within the area or areas to be included in the district, the
board shall be composed of the following members:
(a) One member representing the municipal corporations that are
contracting parties;
(b) One member representing the townships that are contracting
parties;
(c) One member selected by
the members described in divisions (A)(2)(a) and (b) of this section.
The members of the board shall be appointed as provided in
the contract. Of the members initially appointed to the board, the
member described in division (A)(2)(a) of this
section shall serve a term of one year; the member
described in division (A)(2)(b) of this section shall
serve a term of two years; and the member
described in division (A)(2)(c) of this section shall
serve a term of three years. Thereafter,
terms for each member shall be for four years, each term ending
on the same day of the same month of the year as did the term
that it succeeds. A member may be reappointed to the board, but
no member shall serve more than two consecutive terms on the
board.
The member described in division (A)(2)(c) of this
section shall serve as chairperson of a board described
under division (A)(2) of this section.
(B) A board described under division (A)(1) or (2) of
this section has no powers except as described in sections
715.72 to 715.81 of the Revised Code and in the contract creating the joint economic
development district.
(C) Membership on the board of directors of a joint economic development
district is
not the holding of a public office or employment within the
meaning of any section of the Revised
Code or any charter provision prohibiting the holding of other public office
or employment.
Membership on such a board is not a direct or indirect interest
in a contract or expenditure of money by a municipal
corporation, township, county, or other political subdivision
with which a member may be affiliated. Notwithstanding any
provision of law or a charter to the contrary, no member of a
board of directors of a joint economic development district
shall forfeit or be disqualified from holding any public office
or employment by reason of membership on the board.
(D) The board of directors of a joint
economic development district is a public body for the purposes
of section 121.22 of the Revised Code. Chapter 2744. of the
Revised Code applies to such a board and the district.
Sec. 715.82. A MUNICIPAL CORPORATION MAY ISSUE BONDS AND EXERCISE ALL
OTHER POWERS UNDER CHAPTER 165. of the Revised Code FOR ONE OR MORE PROJECTS OR
PARTS THEREOF LOCATED IN A JOINT ECONOMIC DEVELOPMENT DISTRICT CREATED
PURSUANT TO A CONTRACT ENTERED INTO UNDER SECTION 715.70, 715.71, OR 715.72 TO
715.82 of the Revised Code TO WHICH THE MUNICIPAL
CORPORATION IS A PARTY, OR IN A TOWNSHIP ADJACENT TO THAT MUNICIPAL
CORPORATION, IF THE LEGISLATIVE AUTHORITY OF THE MUNICIPAL CORPORATION
DETERMINES THAT THE PROJECT IS IN FURTHERANCE OF THE PUBLIC PURPOSES OF THE
STATE TO CREATE OR PRESERVE JOBS AND EMPLOYMENT OPPORTUNITIES AND TO IMPROVE
THE ECONOMIC WELFARE OF THE PEOPLE OF THE MUNICIPAL CORPORATION AND THE
TOWNSHIP. AS USED IN THIS SECTION, "PROJECT" HAS THE SAME MEANING AS IN
DIVISION (H) OF SECTION 165.01 of the Revised Code, EXCEPT THAT A PROJECT DESCRIBED
IN THIS SECTION IS NOT REQUIRED TO BE LOCATED WITHIN THE TERRITORIAL
BOUNDARIES OF THE MUNICIPAL CORPORATION.
Sec. 715.83. IF ANY UNINCORPORATED AREA OR TOWNSHIP IS A
PARTY TO A JOINT ECONOMIC DEVELOPMENT DISTRICT CREATED PURSUANT
TO A CONTRACT ENTERED INTO UNDER SECTION 715.70, 715.71, OR
715.72 TO 715.82 OF THE REVISED CODE THAT ALSO INCLUDES AS A
PARTY A MUNICIPAL CORPORATION THAT IS AN ELIGIBLE AREA AS
DEFINED IN DIVISION (A)(2) OF
SECTION 122.16 OR DIVISION
(A)(9) OF SECTION 5733.33 OF
THE REVISED
CODE, THEN ANY PROJECT LOCATED
ANYWHERE WITHIN THE UNINCORPORATED AREA OR TOWNSHIP CONTAINED
WITHIN THE JOINT ECONOMIC DEVELOPMENT DISTRICT IS ELIGIBLE FOR
ANY STATE ASSISTANCE UNDER
CHAPTER 122. OR SECTION 5733.33
OF THE REVISED
CODE FOR WHICH DESIGNATION AS
AN ELIGIBLE AREA IS A CRITERION.
Sec. 718.03. A municipal corporation shall grant a credit against its tax on
income to a resident of the municipal corporation who works in a joint
economic development zone created under section 715.691 or a joint
economic development district created under section 715.70, 715.71,
OR 715.72 of the Revised Code
to the same extent that it grants a credit against its tax on income to its
residents who are employed in another municipal corporation.
Sec. 5709.411.(A) AS
USED IN THIS SECTION, "DETACHED IMPROVEMENT" MEANS AN
IMPROVEMENT AS DEFINED IN SECTION 5709.41 OF THE
REVISED
CODE THAT SATISFIES ALL OF THE
FOLLOWING:
(1) THE ORDINANCE DECLARING THE IMPROVEMENT TO BE A
PUBLIC PURPOSE WAS ADOPTED UNDER SECTION 5709.41 OF THE
REVISED
CODE BY A MUNICIPAL CORPORATION
THAT IS A PARTY TO A CONTRACT CREATING A JOINT ECONOMIC
DEVELOPMENT DISTRICT UNDER SECTION 715.70 OR 715.71 OF THE
REVISED
CODE.
(2) THE IMPROVEMENT RELATES TO A PARCEL OF PROPERTY LOCATED IN
TERRITORY THAT IS DETACHED BY THAT MUNICIPAL CORPORATION TO A
TOWNSHIP THAT IS A PARTY TO THE SAME CONTRACT CREATING THE JOINT
ECONOMIC DEVELOPMENT DISTRICT, PURSUANT TO THAT CONTRACT AND SECTION
709.38 OF THE REVISED
CODE.
(3) THE ORDINANCE DECLARING THE IMPROVEMENTS TO BE A
PUBLIC PURPOSE IS ADOPTED PRIOR TO THE DETACHMENT OF THAT
TERRITORY.
(B) THE EXEMPTION FROM
TAXATION FOR DETACHED IMPROVEMENTS UNDER SECTION 5709.41 OF THE
REVISED
CODE SHALL CONTINUE FOR THE
PERIOD PRESCRIBED IN THAT SECTION AND THE ORDINANCE UNDER WHICH
THE IMPROVEMENTS ARE DECLARED TO BE A PUBLIC PURPOSE, OR ANY AMENDMENTS TO THE
ORDINANCE, EVEN IF
THE DETACHMENT OCCURS PRIOR TO THE END OF THAT PERIOD.
(C)(1) THE MUNICIPAL
CORPORATION MAY REQUIRE THE OWNER OF ANY BUILDING OR STRUCTURE LOCATED ON A
PARCEL TO WHICH THE DETACHED IMPROVEMENT RELATES TO PAY SERVICE PAYMENTS IN
LIEU OF TAXES UNDER
SECTION 5709.42 OF THE REVISED
CODE AFTER THE TERRITORY INCLUDING THE DETACHED
IMPROVEMENT IS DETACHED. THE SERVICE PAYMENTS SHALL
BE DISTRIBUTED TO THE MUNICIPAL CORPORATION AS PROVIDED IN THAT
SECTION.
(2) THE MUNICIPAL CORPORATION MAY USE THE SERVICE
PAYMENTS RECEIVED UNDER DIVISION
(C)(1) OF THIS SECTION AS
PRESCRIBED BY SECTION 5709.43 OF THE
REVISED
CODE AND THE ORDINANCE
DECLARING THE DETACHED IMPROVEMENTS TO BE A PUBLIC PURPOSE. THE
LEGISLATIVE AUTHORITY OF THE MUNICIPAL CORPORATION MAY AMEND THE
ORDINANCE TO PERMIT THE SERVICE PAYMENTS TO BE USED TO PAY THE
COST OF STREETS, ROADS, WATER LINES, SEWERS, AND OTHER PUBLIC
IMPROVEMENTS EXTENDING FROM THE MUNICIPAL CORPORATION TO THE
DETACHED TERRITORY OR TO THE JOINT ECONOMIC DEVELOPMENT
DISTRICT, OR LOCATED ON THE DETACHED TERRITORY OR IN THE JOINT
ECONOMIC DEVELOPMENT DISTRICT, OR TO PAY DEBT SERVICE CHARGES ON
SECURITIES ISSUED BY THE MUNICIPAL CORPORATION TO FINANCE THOSE
PUBLIC IMPROVEMENTS.
Sec. 5709.82. (A) As used in this section:
(1) "New employee" means both of the following:
(a) Persons employed in the construction of real property
exempted from taxation under the chapters or sections of the
Revised Code enumerated in division (B) of this section;
(b) Persons not described by division (A)(1)(a) of this
section who are first employed at the site of such property and
who within the two previous years have not been subject, prior to
being employed at that site, to income taxation by the municipal
corporation within whose territory the site is located on income
derived from employment for the person's current employer. "New
employee" does not include any person who replaces a person who
is not a new employee under division (A)(1) of this section.
(2) "Infrastructure costs" means costs incurred by a municipal
corporation in a calendar year to acquire, construct,
reconstruct, improve, plan, or equip real or tangible personal
property that directly benefits or will directly benefit the
exempted property. If the municipal corporation finances the
acquisition, construction, reconstruction, improvement, planning,
or equipping of real or tangible personal property that directly
benefits the exempted property by issuing debt, "infrastructure
costs" means the annual debt charges incurred by the municipal
corporation from the issuance of such debt. Real or tangible
personal property directly benefits exempted property only if the
exempted property places or will place direct, additional demand
on the real or tangible personal property for which such costs
were or will be incurred.
(B) Except as otherwise provided under division (C) of
this section, the legislative authority of any political
subdivision that has acted under the authority of Chapter 725. or
1728., sections 3735.65 to 3735.70, or section 5709.40, 5709.41,
5709.62, 5709.63, 5709.632, 5709.73, 5709.78, 5709.84, or 5709.88
of the Revised Code to grant an exemption from taxation for real
or tangible personal property may negotiate with the board of
education of each city, local, or exempted village school
district within the territory of which the exempted property is
located, and enter into an agreement whereby the school district
is compensated for tax revenue that the school district would
have received had the property not been exempted from taxation.
(C) This division does not apply to the following:
(1) The legislative authority of
a municipal
corporation that has acted under the authority of DIVISION (H) OF
SECTION 715.70 OR section 715.81 of the
Revised Code to
consent to the granting of an exemption from taxation for real or tangible
personal property in a joint economic development district.
(2) The legislative authority of a
municipal corporation that has specified in an ordinance adopted
under section 5709.40 or 5709.41 of the
Revised
Code that payments in lieu of taxes provided for under section
5709.42 of the Revised Code shall be paid to the city, local, or exempted
village school
district in which the improvements are located in the amount of taxes that
would have been payable to the school district if the improvements had not
been exempted from taxation, as directed in the ordinance.
If the legislative authority of any municipal
corporation has acted under the authority of Chapter 725. or
1728. or section 3735.671, 5709.40, 5709.41, 5709.62, 5709.63,
5709.632, or 5709.88, or a housing officer under section 3735.67
of the Revised Code, to grant or consent to the granting of an
exemption from taxation for real or tangible personal property on
or after July 1, 1994, the municipal corporation imposes a tax on
incomes, and the payroll of new employees resulting from the
exercise of that authority equals or exceeds one million dollars
in any tax year for which such property is exempted, the
legislative authority and the board of education of each city,
local, or exempted village school district within the territory
of which the exempted property is located shall attempt to
negotiate an agreement providing for compensation to the school
district for all or a portion of the tax revenue the school
district would have received had the property not been exempted
from taxation. The agreement may include as a party the owner of
the property exempted or to be exempted from taxation and may
include provisions obligating the owner to compensate the school
district by paying cash or providing property or services by
gift, loan, or otherwise. Such an obligation is enforceable by
the board of education of the school district pursuant to the
terms of the agreement.
If the legislative authority and board of education fail to
negotiate an agreement that is mutually acceptable within six
months of formal approval by the legislative authority of the
instrument granting the exemption, the legislative authority
shall compensate the school district in the amount and manner
prescribed by division (D) of this section.
(D) Annually, the legislative authority of a municipal
corporation subject to this division shall pay to the city,
local, or exempted village school district within the territory
of which the exempted property is located an amount equal to
fifty per cent of the difference between the amount of taxes
levied and collected by the municipal corporation on the incomes
of new employees in the calendar year ending on the day the
payment is required to be made, and the amount of any
infrastructure costs incurred in that calendar year. For
purposes of such computation, the amount of infrastructure costs
shall not exceed thirty-five per cent of the amount of those
taxes unless the board of education of the school district, by
resolution adopted by a majority of the board, approves an amount
in excess of that percentage. If the amount of those taxes or
infrastructure costs must be estimated at the time the payment is
made, payments in subsequent years shall be adjusted to
compensate for any departure of those estimates from the actual
amount of those taxes.
A municipal corporation required to make a payment under
this section shall make the payment from its general fund or a
special fund established for the purpose. The payment is payable
on the thirty-first day of December of the tax year for or in
which the exemption from taxation commences and on that day for
each subsequent tax year property is exempted and the legislative
authority and board fail to negotiate an acceptable agreement
under division (C) of this section.
Section 2. That existing sections 122.15, 122.151, 122.152, 122.154, 715.70,
715.71,
715.72, 715.74, 715.76, 715.77, 715.78, 718.03, and 5709.82 of the
Revised Code are hereby repealed.
Section 3. That Section 4 of Sub. H.B. 481 of the 119th General Assembly is
hereby repealed.
Section 4. Section 13 of Article VIII, Ohio Constitution, is in part
implemented by sections 715.69 to 715.83 of the Revised Code in furtherance of
the public purposes of this state to create or preserve jobs and employment
opportunities and to improve the economic welfare of the people of the state.
Section 5. The amendments to sections 715.70, 715.71, 715.72,
715.74, 715.76, and 715.78 of the Revised Code in
this act apply to any proceedings commenced after their effective date, and,
so far as their provisions support the actions taken, also apply to any
proceedings that on their effective date are pending, in progress, or, in the
case of elections or otherwise, completed, and to the contracts authorized
pursuant to those proceedings, notwithstanding the applicable law previously
in effect or any provision to the contrary in a prior resolution, ordinance,
order, advertisement, notice, or other proceeding. Any proceedings pending or
in progress on the effective date of those amendments, and contracts entered
into or approved pursuant to those proceedings, shall be deemed to have been
taken, and authorized, entered into, and approved, in conformity with those
amendments.
Section 6. Section 715.70 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 269 and Am. Sub. H.B. 99 of the 121st General
Assembly, with the new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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