(a) If a grant recipient fails to meet or comply with any condition or requirement set forth in the grant agreement, the City Manager may amend the agreement to reduce the percentage or term of the grant. The reduction of the percentage or term may take effect in the current taxable or calendar year. The agreement shall provide at a minimum that the amount of the annual grant be reduced by 25% for each year in which the grant recipient does not achieve at least 90% of the grant recipient's projected annual payroll, above; and by 50% for each year the grant recipient does not achieve at least 75% of the grant recipient's projected annual payroll.
(b) If the City Manager determines that a grant recipient who has received a grant under this section is not complying with the requirement under Section 193.03
(d)(3), the City Manager shall notify the City Council of the noncompliance. After receiving such a notice, and after giving the grant recipient an opportunity to explain the noncompliance, the City Council may require the grant recipient to refund to the City of Ashtabula a portion of the grant in accordance with the following:
(1) If the grant recipient maintained operations at the project location for a period less than or equal to the term of the grant, an amount not exceeding one hundred per cent of the sum of any grants allowed and received under this section;
(2) If the grant recipient maintained operations at the project location for a period longer than the term of the grant, but less than the greater of seven years or the term of the grant plus three years, an amount not exceeding seventy-five per cent of the sum of any grants allowed and received under this section.
(c) In determining the portion of the grant to be refunded to this City, the City Council shall consider the effect of market conditions on the grant recipient's project and whether the grant recipient continues to maintain other operations in this State. After making the determination, the City Council shall certify the amount to be refunded to the City Auditor for collection as and with any other taxes of the City.
(Ord. 2010-129. Passed 9-7-10.)