RESOLUTION 90-2

RESOLUTION IMPLEMENTING SECTIONS 3735.65 THROUGH 3735.70 OF THE OHIO REVISED

CODE AND ESTABLISHING A COMMUNITY REINVESTMENT AREA WITHIN THE

VILLAGE OF GOLF MANOR

WHEREAS, the Ohio General Assembly has enacted Sections 3735.65 through 3735.70 of the Ohio Revised Code permitting municipal corporations to create community reinvestment areas and to establish procedures whereby improvements resulting from remodeling and/or new construction may be exempt from real property taxation for periods of time as determined by the Legislative Authority of the Village; and

WHEREAS, the Council of the Village of Golf Manor has caused a survey of the housing and commercial and industrial districts within the Village as required by Section 3735.66 of the Ohio Revised Code and desires to pursue all reasonable and legitimate incentive measures to assist in encouraging housing and commercial property maintenance and economic and community development in areas that have not realized reinvestment by remodeling or new construction; and

WHEREAS, within the community reinvestment area it is necessary to provide incentives to the owners of real property to cause remodeling of existing structures and construction of new, commercial and industrial structures which would serve to encourage economic stability, maintain real property values and generate new employment opportunities.

NOW THEREFORE, be it resolved by the Council of the Village of Golf Manor, Hamilton County, Ohio that:

SECTION 1. The District within the Village of Golf Manor as outlined and highlighted on the attached plat shall be designated as the community reinvestment area within the Village of Golf Manor. This plat attached hereto shall be made a part of this resolution reference.

SECTION 2. The Village Administrator is hereby designated as the Housing Officer to administer the procedures of this resolution reinvestment and the granting and termination of economic incentives and tax incentives for reinvestment within the community reinvestment area.

SECTION 3. There is hereby created a Community Reinvestment Area Housing Council. This council shall consist of seven members, each serving a term of three years. However, upon the initial appointment of such council members, one member appointed by the Mayor, one member appointed by the Legislative Authority and one member appointed by the Planning Commission shall serve an initial term of two years expiring 12/31/91. Thereafter, an appointment to that seat shall continue to serve for a period of three years. Those members filling the initial three year terms shall serve until 12/31/92.

Two members of the Community Reinvestment Area Housing Council shall be appointed by the Mayor, two members shall be appointed by the Legislative Authority one member shall be appointed by the Planning Commission, and the remaining two members of the Council shall be appointed by these initial five appointees. All appointees shall be residents of the Village of Golf Manor.

Upon the expiration of a members term of office, that member’s seat shall be appointed in the same manner as the initial appointment was made. Any unexpired term resulting from a vacancy in the Council shall be filled in the same manner as the initial appointment was made.

SECTION 4. Real property located within the community reinvestment area shall be eligible for tax exemption in accordance with the following criteria:

A. CONSTRUCTION VALUE

Commercial Construction (New construction, additions and remodeling): one year for each $100,000 in construction costs up to a maximum of five years.

B. EMPLOYMENT

One year for each four new jobs created up to a five year maximum.

C. PAYROLL

One year for each group of employees with an average gross payroll of $100,000.00 per year up to a five year maximum.

D. QUALITY OF DEVELOPMENT

Should the Housing Officer determine upon completion that a facility exhibits (1) excellence in architecture and construction and/or (2) sight design and landscaping, and/or (3) effective use of land, he may recommend that the facility be considered for additional years of abatement. The Housing Officer shall report his finding in writing to the Community Reinvestment Area Housing Council. Should the Council concur with the Housing Officer’s written finding, the Council shall recommend up to a maximum of five years of additional real property tax abatement in each category to the Village Council for final determination.

Should the Village Council concur with the recommendation of the Council and Housing Officer, they shall indicate the same in writing to the Housing Council to grant such additional tax abatement.

SECTION 5. An applicant for abatement shall make written application to the Housing Officer of the number of years requested for abatement, the dollar amount of the requested abatement and the applicant shall submit all documentation necessary to support the criteria for abatement. The Housing Officer shall submit his recommend abatement upon the application received within thirty days of receipt to the Housing Council which shall review the application and Housing Officer’s recommendation at a hearing of the Council within thirty days of its receipt of the application and recommendation. Thereafter, the Housing Council’s decision shall be forwarded to the Village Council to be reviewed and either approved or returned to the Housing Council for further review and recommendations. This review and decision by the Village Council shall be held at the next scheduled meeting of the Village Council after the recommendation is made by the Housing Council.

The Housing Officer shall not certify qualifying recipients for abatement until all construction is completed and the improvement is to full compliance with all permits and approvals.

SECTION 6. Under no case shall the term of the abatement exceed fifteen years.

SECTION 7. As condition for all exemptions exceeding five years to duration, the recipient of the abatement shall submit annually to the Housing Officer upon the anniversary of the certification of the abatement to the County Auditor, written documentation to prove that the qualifying criteria have been maintained or exceeded.

SECTION 8. At any time during the term of the abatement should the Housing Officer determine that the condition of the improvement being abated has deteriorated or is otherwise suffering from a lack of maintenance and/or should he determine that the criteria qualifying the recipient for abatement have been substantially reduced in terms of employment or payroll, he shall inform the Housing Council immediately in writing. Thereafter, the Housing Officer shall serve the recipient of the abatement with a notice of termination. Said notice shall state the reason for the termination and provide the recipient a thirty day period within which to respond by requesting a hearing before the Housing Council. The Housing Council shall consider a recipient’s response within thirty days of the receipt of the same and shall immediately upon reaching a decision inform the recipient of their final determination. Upon such determination, the Housing Council may terminate the remaining abatement period, may reduce the remaining abatement period, or may place conditions on the continuation of the abatement. The Housing Council’s decision shall be set forth in writing, a copy of which shall be presented to the recipient of the abatement and appropriate notice sent to the County Auditor to make adjustments in the abatement period. Appeals may be taken from a decision of the Housing Council to the Hamilton County Court of Common Pleas.

SECTION 9. If the remodeling, additions or new construction qualifies for an exemption, the dollar amount by which the remodeling or new construction increases the market value of the structure shall be exempt from real property taxation for the purposes of administering the real property tax exemption granted under the provisions of Section 3735.65 to 3735.70 of the Ohio Revised Code. Such abatement shall continue for the period of time as set forth above.

SECTION 10. The Clerk of Council is hereby directed to send a certified copy of this resolution to the County Auditor of Hamilton County, Ohio as a matter of information. The Clerk of Council also, in addition to the publication, as required by the charter of the Village of Golf Manor, shall publish in a newspaper of general certification within the county once a week for two consecutive weeks a copy of this resolution and make available a copy for inspection within the offices of the Village Administrator.

SECTION 11. As used in this resolution, the term “remodeling” shall have the same meaning as provided in the definition set forth in Division C of Section 3735.65 of the Ohio Revised Code as currently existed or as may hereafter be amended.

SECTION 12. This resolution shall take effect and be in force the earliest opportunity as allowable by law.