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(a) All property of the City, including funds, owned or held by it for the purposes of this chapter shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall judgment against the City be a charge or lien upon such property; provided, however, that the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given pursuant to this chapter by the City on its rents, fees, grants or revenues from urban renewal or redevelopment projects.
(b) The property of the City, acquired or held for the purposes of this chapter on January 1 of any year, is declared to be public property used exclusively for essential public and governmental purposes and such property shall be exempt from all taxes of the City, County, State or any taxing authority thereof, provided, however, that such tax exemption shall terminate when the City sells, leases or otherwise disposes of such property in a project area to a purchaser or lessee which is not a person, corporation, partnership or other association entitled to tax exemption with respect to such property.
(Ord. 67-189. Passed 8-21-67.)
Notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this chapter, or the application thereof to any person or circumstances, is held invalid, the remainder of the Chapter and the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby.
Insofar as the provisions of this chapter are inconsistent with the provisions of any other law or ordinance, the provisions of this chapter shall be controlling. The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by other law.
(Ord. 67-189. Passed 8-21-67.)
The Council of the City of Elyria hereby establishes the following:
(a) Establishment of the Program. There shall be created an Elyria Downtown Facade Improvement Program to be administered by the Mayor's Office of Economic Development, according to the terms established in this section.
(b) Scope of the Program. The Program shall be in effect for commercial properties in the area indicated in Exhibit "A" attached to Ordinance No. 2019-19 and incorporated herein.
(c) Facade Improvements. Facade improvement projects may include paint, trim work, cladding, repointing brick, slipcovers, door replacements, replacing or restoring cornices, removal of paint from brick, window and window frame replacement, new or enhanced signage, awnings, canopies, lighting, sidewalk improvement, fencing and lamp posts. This program does not cover interior improvements not visible to the public, roof repairs, new additions other than exterior addition attached to the facade, landscaping or other non-attached furnishings.
(d) Eligibility. In order to be eligible to participate in this program, the structure must meet the following conditions:
(1) The building must be within the boundaries set forth in the previous section.
(2) Facade improvements shall comply with the definition in division (c) of this section.
(3) Improvements must meet all existing design review, state and local code requirements and any other requirements which apply to the area in which the building is situated, unless those requirements are waived.
(4) The proposed improvements shall be on the exterior of the buildings.
(e) Application Process. Applicants shall begin the process by completing a form prepared by the Mayor's Office of Economic Development and approved by the Law Director. The application form may request any information required to receive the grant or information relating to applicant's ability to complete the proposed project. In order to be considered a complete application, the submittal must include: a photograph of the building, at least two construction quotes, a written description of the proposal, and construction design renderings. Incomplete applications which are missing required application materials will not be considered until such time as the information is provided. All proposed improvements must be:
(1) Consistent with Elyria Design Review unless the applicant has been granted a waiver.
(2) Submitted eight weeks before the applicant's project begins to allow time for review by the Building Department, Planning Commission and the Economic Development Committee of Elyria City Council.
(3) Compliant with state and local building code and other local requirements.
(f) Review and Award of Matching Funds. Completed applications shall be reviewed in the order in which they are received until all of the funds available for this program have been allocated. Participants shall only be eligible for three individual projects over a twelve month period. Buildings with multiple tenants shall only be permitted one project every twelve month period. Construction of the improvements which were approved for matching funds must commence within ninety days of application approval. Appropriate permits or waivers must be obtained prior to construction. Modifications to the proposal shall be submitted for approval to the Mayor's Office of Economic Development and receive approval prior to the modification taking place. All projects must be completed within twelve months or the matching funds may be canceled.
(g) Completion of the Project and Payment of Matching Funds.
(1) Payment of matching incentive funds shall be in the form of fifty percent of the total cost of the project to a maximum of ten thousand dollars ($10,000) of the matching funds.
(2) Payment will not be made until all work in the approved application is completed and all costs are documented and submitted with appropriate receipts and/or paid invoices.
(3) A completed W-9 Form (required for taxpayer identification number and certification) provided by the Internal Revenue Service (IRS) will be required from the applicant prior to payment.
(4) Improvements completed under this Facade Program shall not be removed or altered for a period of five years without the express written consent of the City.
(5) Planning Commission may issue a waiver of any particular requirements if such waiver is consistent with needs of the designated program area described above in division (c) of this section.
(Ord. 2019-19. Passed 2-19-19.)