(a) If a grant recipient fails to meet or comply with any condition or requirement set forth in the grant agreement, the City Manger 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 twenty-five percent (25%) for each year in which the grant recipient does not achieve at least ninety percent (90%) of the grant recipient's projected annual payroll above; and by fifty percent (50%) for each year the grant recipient does not achieve at least seventy-five percent (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 108.03 (d)(3), the City Manager shall notify the City Council of the non-compliance. After receiving such a notice, and after giving the grant recipient an opportunity to explain the non-compliance, the City Council may require the grant recipient to refund to the City of Conneaut 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 percent (100%) of the sum of any grants allowed and received under the 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 (7) years or the term of the grant plus three (3) years, an amount not exceeding seventy-five percent (75%) of the sum of any grants allowed and received under this section.
(c) In determining the portion of the grant to be refunded to the 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 Finance Director for collection as and with any other taxes of the City.
(Ord. 33-13. Passed 4-8-13.)