119.01 FINDINGS AND DETERMINATIONS; BOUNDARIES; GUIDELINES.
(a) Council hereby finds that designation of an Enterprise Zone in the area described in Exhibit A attached hereto will promote the economic welfare of the City and its residents by promoting the creation or retention and preservation of jobs and employment opportunities within said area and the City, finds that the proposed enterprise zone area meets the requirements of the Act, and further hereby authorizes and requests the County to designate an Enterprise Zone in the City covering the area and having the boundaries as described in Exhibit A (including legal description and boundary map).
(b) Council hereby finds and determines that no property zoned to permit residential uses, or to permit residential and recreational uses, shall be eligible to participate in the Enterprise Zone Program, and no housing project, including single family or multi-family housing, shall be eligible under the Enterprise Zone Program. Council further hereby finds and determines that the additional businesses and uses as specified in subsections (d) and (g)(1) of the Enterprise Zone Program Guidelines hereinafter referred to in this section, shall be ineligible to participate in the Enterprise Zone Program. Council hereby finds and determines that designation of an enterprise zone in the City shall have no affect on the existing zoning code in the City, and finds and determines that designation of the enterprise zone shall not be a basis for property owners to seek building permits for commercial or manufacturing projects with respect to properties whose zoning does not permit such projects.
(c) Council hereby approves and adopts the Enterprise Zone Program Guidelines attached hereto as Exhibit B, and hereby authorizes and directs that the restrictions, conditions and objectives set out in such Guidelines, shall be applied to any and all Applications for Enterprise Zone Agreements submitted to the City, and to any Enterprise Zone Agreements authorized by Council and entered into by the City.
(d) The Clerk of the Board of County Commissioners is hereby authorized to include a certified copy of this section in the County's petition to the Director of the Ohio Department of Development.
(e) Council hereby authorizes and directs the Mayor, the Director of Law, Director of Finance and other appropriate officials of the City to provide such additional information and materials, provide such certifications, and take such steps as are necessary and appropriate to enable the Enterprise Zone to be established.
(f) Council finds and determines that all formal actions of Council concerning and relating to the passage of this section were taken in an open meeting of Council, and that all deliberations of Council and of any committee that resulted in those formal actions were in meetings open to the public, in compliance with the law.
(g) The various exhibits, sections and provisions of this section are hereby declared to be severable, and if any exhibit, section, subsection, paragraph, sentence or phrase of this section is adjudged unconstitutional or otherwise held invalid by any court of competent jurisdiction, the remainder of this section and said exhibits shall not be affected thereby and shall continue in effect.
(Ord. 37-1992. Passed 9-22-92.)
EXHIBIT "A"
NARRATIVE DESCRIPTION OF PROPOSED ENTERPRISE ZONE
The point of beginning is the intersection of Cuyahoga County-Lake County Line and the centerline of Interstate 271. Thence, in a Southerly direction along the centerline of Interstate 271 a distance of approximately 11,295 feet to the centerline of Wilson Mills Road. Thence Westerly along the centerline of Wilson Mills Road a distance of approximately 2,715 feet to the centerline of Miner Road. Thence Northerly along the centerline of Miner Road a distance of approximately 4,915 feet to the centerline of Highland Road. Thence, Westerly along the centerline of Highland Road a distance of approximately 4,900 feet to the Northwesterly corner of 5650 Highland Road.
Thence Southerly along the Westerly line of 5650 Highland Road a distance of approximately 622 feet to the Southwesterly corner thereof. Thence Westerly along the Southerly line of 579 Bishop Road a distance of approximately 801 feet to the centerline of Bishop Road.
Thence Southerly along the centerline of Bishop Road a distance of approximately 4,300 feet to the centerline of Wilson Mills Road. Thence Easterly along the centerline of Wilson Mills Road a distance of approximately 4,145 feet to the centerline of Lander Road. Thence Southerly along the centerline of Lander Road a distance of approximately 3,083 feet to the centerline of Ridgebury Boulevard. Thence Westerly along the centerline of Ridgebury Boulevard a distance of approximately 6,727 feet to the City of Lyndhurst Corporation Line. Thence Northerly along the City of Lyndhurst Corporation Line and the City of Richmond Heights Corporation Line a distance of approximately 14,403 feet to the Cuyahoga County-Lake County Line. Said point also being along South Corporation Line of the City of Willoughby Hills. Thence Easterly along the Cuyahoga County-Lake County Line a distance of approximately 4,935 feet to a point on the Easterly line of 29100 White Road. Thence Southerly along the Easterly line of 29100 White Road a distance of approximately 1010 feet to the Southeasterly corner thereof. Thence Westerly along the Southerly line of 29100 White Road a distance of approximately 713 feet to the Southwesterly corner thereof. Thence Southerly a distance of approximately 1320 feet to the Southeasterly corner of 331 Bishop Road. Thence Easterly a distance of approximately 80 feet to a point. Thence Southerly along the Easterly line of Delta Business Park (proposed), a distance of approximately 1,850 feet to a point. Thence Westerly along the Southerly line of Delta Business Park (proposed) and the Southerly line of 437 Bishop Road, a distance of approximately 1,750 feet to the centerline of Bishop Road. Thence Southerly along said centerline of Bishop Road a distance of approximately 650 feet to the Southeasterly corner of 472 Bishop Road. Thence Westerly along the Southerly line of 472 Bishop Road and its Westerly extension a distance of approximately 1,156 feet to a point. Thence Southerly a distance of approximately 1,546 feet to the centerline of Highland Road at the Southeasterly corner of 5463 Highland Road. Thence Easterly a distance of approximately 1,156 feet to the centerline of Bishop Road. Thence Northerly along said centerline of Bishop Road a distance of approximately 438 feet to the Northwesterly corner of 533 Bishop Road. Thence Easterly a distance of approximately 1,700 feet to the Northeasterly corner of 5735 Highland Road. Thence Northerly a distance of approximately 450 feet to the Northwesterly corner of 5827 Highland Road. Then Easterly along the Northerly line of 5827 Highland Road and its Easterly extension a distance of 1,595 feet to its intersection with the Westerly line of Highland Woods Subdivision. Thence Northerly along said Westerly line of Highland Woods Subdivision a distance of approximately 2,465 feet to the Northwesterly corner thereof. Thence Easterly along the Northerly line of Highland Woods Subdivision a distance of approximately 1,897 feet to the Northeasterly Corner of 6099 Castlehill Drive. Thence Northerly a distance of approximately 240 feet to the Northwesterly corner of 380 Miner Road. Thence Easterly along the Northerly line of 380 Miner Road a distance of approximately 300 feet to the centerline of Miner Road. Thence Northerly along said centerline a distance of approximately 420 feet to the Southeasterly corner of 356 Miner Road. Thence Westerly along the Southerly line of 356 Miner Road a distance of approximately 300 feet to the Southwesterly corner thereof. Thence Northerly a distance of approximately 160 feet to the Northwesterly corner of 352 Miner Road. Thence Westerly a distance of approximately 100 feet to the Southwesterly corner of 336 Miner Road. Thence Northerly a distance of approximately 1,500 feet to the Northwesterly corner of 282 Miner Road. Thence Easterly along the Northerly line of 282 Miner Road a distance of approximately 400 feet to the centerline of Miner Road. Thence Northerly along said centerline a distance of approximately 840 feet to its intersection with the Cuyahoga County-Lake County Line, said line also being the Southerly Corporation Line of Willoughby Hills. Thence Easterly along the Cuyahoga County-Lake County Line a distance of approximately 2,850 feet to the place of beginning and containing approximately 2,230 acres.
A copy of the proposed Enterprise Zone boundaries is in Appendix A.
Mount Chart
EXHIBIT "B"
ENTERPRISE ZONE GUIDELINES
(a) Introduction. The City of Highland Heights ("City") has determined that it is desirable and appropriate to establish an Enterprise Zone within the City of Highland Heights, pursuant to the State Urban Jobs and Enterprise Zone Program. These guidelines are intended to set out certain policies which will be applicable to the City's implementation of the Enterprise Zone Program in connection with any specific Enterprise Zone Project. The City specifically reserves the right to amend these guidelines, from time to time, based upon actual experience with specific Enterprise Zone Projects.
(b) Purpose. Highland Heights is primarily a residential community, and the City intends that its character as a primarily residential community shall not be adversely affected by any use of the Enterprise Zone Program. Consistent with such primary objective of maintenance of Highland Heights as a primary residential community, the City intends to utilize the Enterprise Zone Program for the public purpose of creation and preservation of jobs, and promotion of new private business investment within the City.
(c) Procedures. The procedures to be followed by the City with respect to a specific proposed Enterprise Zone Project will include (but not be limited to) the following:
(1) Preliminary discussions with Company representatives concerning a proposed Enterprise Zone Project.
(2) Negotation with Company representatives concerning content of Enterprise Zone Agreement, and filing by Company with City of Company proposal for Enterprise Zone Project, utilizing current state approved form or its equivalent (copy of which is attached hereto and incorporated herein).
(3) Preparation of proposed form of Enterprise Zone Agreement, based upon said negotiations.
(4) Official transmittal of proposed Enterprise Zone Agreement to School District for its review and comment. It is anticipated that prior communications with School District concerning proposed Enterprise Zone Agreement will have previously taken place.
(5) Filing of proposed final form of Enterprise Zone Agreement with City Council, together with proposed ordinance approving and authorizing execution of Enterprise Zone Agreement.
(6) Assuming Council approval, execution of the Enterprise Zone Agreement by City and Company.
(7) Enterprise Zone Agreement forwarded to Cuyahoga County Commissioners for approval.
(8) Assuming approval by Cuyahoga County Commissioners, copy of executed Enterprise Zone Agreement shall be forwarded to the State Department of Development and other appropriate state agencies.
The City reserves the right to vary the above procedures, from time to time, as may be necessitated by the facts of a specific proposed Enterprise Zone Project, or administrative requirements of the State Department of Development or Cuyahoga County.
(d) No Effect Upon Existing Zoning. The establishment of an Enterprise Zone within the City does not amend the City's existing Zoning Code, which can only be amended by separate Zoning Code amendment proceedings. Furthermore, it is the City's express intention that establishment of the Enterprise Zone in the City shall not have any effect on the application of the City's Zoning Code to any specific property. Furthermore, no property zoned to permit residential (U-1, U-2, U-3) uses, to permit residential and recreational (R & R) uses, to permit automobile parking (P) uses, to permit local business (L-B) uses, motor service (M-S) uses, or to permit general business (G-B) uses, shall be eligible to participate in the Enterprise Zone Program. No housing project, including single family or multi-family housing, shall be eligible to participate in the Enterprise Zone Program. Designation of the Enterprise Zone in the City shall not be a basis for property owners to seek building permits for commercial or manufacturing projects with respect to properties whose zoning does not permit such projects. No property which was rezoned to park-commercial-light manufacturing (P-C-M) uses and office building (O-B) uses after December 31, 1991 shall be eligible to participate in the Enterprise Zone Program.
(e) No Entitlements. The City hopes that designation of the Enterprise Zone will result in the creation or preservation of jobs and new private business investment in the City. However, the Enterprise Zone Program will be used at the discretion of the City administration and Council, for such Enterprise Zone Project or Projects as under all the circumstances are determined by the City to justify approval of real and/or personal property tax abatement, in exchange for Company covenants for preservation or creation of jobs and private business investment. The designation of an Enterprise Zone in the City does not and shall not entitle any company to participation in such program.
(f) Impact on School District. The City is fully aware that the execution of an Enterprise Zone Agreement with a Company does have an impact on the School District. The City hereby expresses its firm intention to carefully consider the impact of any proposed Enterprise Zone Agreement on the School District, in connection with the process of negotiation of such an Agreement, and entering into an Enterprise Zone Agreement.
(g) Eligible and Ineligible Businesses and Uses.
(1) Ineligible business and uses. There are certain businesses or uses which the City does not intend to encourage by application of the Enterprise Zone Program. Those businesses and uses ineligible to participate in the Enterprise Zone Program are as follows:
A. Retail uses: Local Business Districts (L-B)
General Business Districts (G-B)
B. Motor service districts (M-S).
C. Automobile parking districts (P).
D. Any residential or housing project, including single-family detached (U-1, R&R districts), single family attached (R&R, U-2 districts), two family (U-2, R&R districts), multi-family housing (U-3, R&R districts).
E. All retail uses.
(2) Eligible businesses and uses. There are certain businesses and uses that the City does wish to encourage by use of the Enterprise Zone Program. Such eligible businesses and uses are as follows:
A. Office building districts (O-B): Includes office buildings, offices and laboratories as defined in Section 1131.04(b) of the use regulations of the Codified Ordinances of the City.
B. Park-commercial-light manufacturing districts (P-C-M): Includes offices and laboratories as permitted in an office building district; production, metal; production, nonmetal; distribution operations; other main buildings and uses as defined in Section 1131.04(f) of the use regulations of the Codified Ordinances of the City.
The City expressly reserves the right to modify the list of eligible or ineligible businesses and uses from time to time as experience warrants.
(h) Company Need for Enterprise Zone Program Assistance. The City will not approve an Enterprise Zone Agreement with respect to private business investment in a project that would be carried out by the Company in any event. Prior to authorization of an Enterprise Zone Agreement, a Company shall demonstrate to the satisfaction of the City that Enterprise Zone Agreement assistance is needed and is necessary to enable the Company to agree to the private business investment and job maintenance and/or creation in the Enterprise Zone Agreement, and to enable such agreed project to proceed.
(i) Amount and Duration of Real Property or Personal Property Tax Exemption. The City will determine, on a case by case basis, the amount and duration of the real property and/or personal property tax abatement which will be approved by the City in connection with a particular enterprise zone project. Factors which the City will weigh in connection with such approval include but are not limited to the following factors:
(1) The demonstration made by the Company to the City regarding the amount and duration of real property and/or personal property tax exemption required to enable the proposed project to proceed.
(2) The number of jobs to be created and maintained in connection with the Project.
(3) The amount of new private business investment to be made in connection with the Project, in real property improvements and/or machinery, equipment and inventory.
(4) The extent to which the proposed enterprise zone project will result in the elimination or mitigation of environmental hazards or problems on an existing site, or in an existing facility, and the extent to which the proposed enterprise zone project will result in the renovation and productive use of existing vacant or partially vacant facilities.
(5) The degree to which the proposed enterprise zone project will have a positive impact on the community, including without limitation Company covenants to give preference to the extent feasible to the employment of unemployed residents of the City; Company covenants to work cooperatively with and directly or indirectly assist the School District; and any other covenants of the Company for the general benefit of the City as a community.
With respect to the subject of maximum obtainable property tax exemptions, the State Urban Jobs and Enterprise Zone Program does permit exemptions of up to one hundred percent (100%) for new real and personal property improvements. However, as a general guideline, the City projects that the maximum property tax exemptions that can be approved in the City will be seventy-five percent (75%); provided, however, that a greater maximum exemption may be approved in special circumstances where the amounts of jobs, payroll, and investment would support a greater exemption.
These guidelines with respect to amount or duration of real or personal property tax exemption may be amended, from time to time, based upon actual experience with enterprise zone projects.
(j) Transfer of Agreement or Project. After entering into an enterprise zone agreement with the City, no business shall transfer or assign any property tax exemptions approved by the City in such agreement, except with the prior written approval of Council, which approval may either be expressed in the specific enterprise zone agreement or may be expressed by separate legislative action of Council. (Ord. 37-1992. Passed 9-22-92.)
(k) Tax Incentive Review Council. A Tax Incentive Review Council will be created, pursuant to State law and in cooperation with the Cuyahoga County Commissioners. The Tax Incentive Review Council shall be composed of the following membership:
(1) Two members appointed by the Mayor, with the approval of the City Council;
(2) The Cuyahoga County Auditor or his designee;
(3) A member of the Board of Education of the Mayfield Heights City School District; and
(4) Three members who shall be initially designated by the City Council, and subject to ratification by the Board of County Commissioners of Cuyahoga County.
At least two members of the Tax Incentive Review Council shall be residents of the City. Members shall serve for terms as follows:
(1) The Cuyahoga County Auditor or his designee shall have a continuing term;
(2) The membership to be filled by the Board of Education of the School District shall be for a continuing term; and
(3) The balance of the members shall serve staggered terms, which shall include two one-year terms, two two-year terms, and one three-year term.
Such staggered terms shall be assigned to the five members serving limited terms pursuant to a drawing done by lot, by the members at their initial organizational meeting. Thereafter, upon the expiration of each respective staggered term, such position shall be filled by appointment of a member for a term of three years following the same procedures as were followed to appoint such member in the first instance. All of the initial appointments will be for terms which will be effective as of January 1 of the calendar year in which the members are first appointed. Within sixty days after initial appointment of all members, the Tax Incentive Review Council shall hold its organizational meeting, shall elect a Chairman from among its membership, and shall adopt such rules of procedure from time to time as are necessary and appropriate to carrying out its functions, and as are consistent with the State Enterprise Zone Program, these guidelines, and the ordinances of the City. Members shall serve without compensation. The Tax Incentive Review Council will monitor compliance with the requirements of enterprise zone agreements. The Tax Incentive Review Council will monitor specific enterprise zone projects at least upon an annual basis, and shall review all enterprise zone agreements annually to determine whether businesses have complied with their terms and conditions. The Tax Incentive Review Council shall provide an annual report to the Mayor and to the City Council based upon its annual review of enterprise zone agreements and business compliance, and including any recommendations by the Tax Incentive Review Council. The City Council reserves the option of reducing or terminating any or all tax exemptions approved in an enterprise zone agreement, if after taking into account the review and recommendation of the Tax Incentive Review Council, and after making such additional review as the City Council determines appropriate, the City Council determines that there has been a substantial or material lack of compliance by a business with its covenants made in an enterprise zone agreement. (Ord. 11-1997. Passed 3-11-97.)
(l) Amendments. The City hereby reserves the right to amend these guidelines, from time to time, based on experience. Any such amendment shall be effective upon its approval by the City Council.
(m) Severability. These guidelines, and the various sections of the guidelines, are hereby declared to be severable. If any section, subsection, paragraph, sentence or phrase of these guidelines is adjudged unconstitutional or otherwise held invalid by any court of competent jurisdiction, the remainder of these guidelines shall not be effected thereby and shall continue in effect.
(Ord. 37-1992. Passed 9-22-92.)
OHIO DEPRTMENT OF DEVELOPMENT
URBAN JOBS AND ENTERPRISE ZONE ACT
APPLICATION TO CITY OF HIGHLAND HEIGHTS
PROPOSED AGREEMENT BETWEEN MUNICIPALITY/TOWNSHIP OR COUNTY AND ENTERPRISE
PROPOSAL for Tax Incentive Agreement Between the (community) located in the County of and (business) .
1. Name of business, home or main office address, contact person and telephone number.
business name contact person
telephone number
address
A. Nature of business (manufacturing, warehousing, wholesale or retail stores, or other).
B. If a consolidation, what are the components of the consolidation?
C. Form of business of enterprise (corporation, partnership, proprietorship, or other).
2. Name of principal owner(s) or officers of the business.
3. Is business seasonal in nature? Yes No
4. Current number of employees at site? In Ohio?
5. Project Description:
6. Project which is located within a certified Enterprise Zone will begin
approximately , 19 and be completed , 19
provided a tax exemption is provided.
7. Estimate number of new employees the business intends to hire at the facility that is the project site. (Full time equivalent of permanent new jobs)
State the time frame of this projected hiring: years.
8. Estimate the amount of annual payroll such new employees will add $ . (Indicate separately the amount of existing annual payroll relating to any job retention claim resulting from the project: $ ).
9. Market value of the existing facility as determined for local property taxation.
$ .
10. Business's total current investment in the facility as of the proposal's submission.
$ .
11. An estimate of the amount to be invested by the enterprise to establish, expand, renovate or occupy a facility:
A. Acquisition of Buildings: $
B. Additions/New Construction: $
C. Improvements to existing buildings: $
D. Machinery & Equipment $
E. Furniture & Fixtures $
F. Inventory: $
Total New Project Investment $
12. Business's reasons for requesting tax incentives (Be quantitatively specific as possible)
Applicant agrees to supply By Typed Name and Title
additional information upon request.
The applicant believes that the
information contained in and submitted
with this application is complete
and correct.
Name of Enterprise
Date Signature
** Attached to Final Agreement as Exhibit A
Please note that copies of this proposal and the finalized Enterprise Zone Agreement must be forwarded to the Ohio Department of Taxation and the Ohio Department of Development within 15 days of final approval.