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(A) Council shall either approve, modify or reject the urban renewal or redevelopment plan after it has held a public hearing at which an opportunity has been provided to all interested persons to be heard either in person or by counsel.
(B) Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city once a week for two consecutive weeks, with the first publication at least 14 days prior to the date set for the public hearing. Such notice shall contain a description of the project area by its location in relation to highways, streets, streams or other landmarks and shall state that maps, plats and other material describing the urban renewal or redevelopment plan are available for public inspection at a place to be designated in such notice. If the project area includes ten or less parcels of land, as listed on the current tax duplicate, written notice of the public hearing, with similar contents, shall also be mailed, by first class mail, at least seven days before the date set for the public hearing, to the last known owner of each such parcel of land or to the last known address of such owner as shown by the records of the City Auditor.
(C) The public hearing may be adjourned from time to time without further notice. If, after public hearing, the boundaries of the project area are amended so as to include any property not included in the description of the proposed project area set forth in the notice of public hearing, further notice shall be given in the same manner as for the original hearing. Other amendments as a result of the public hearing shall not require further notice or additional public hearings, except as provided in § 1232.07.
(D) After the public hearing, Council may approve the redevelopment plan by a majority vote. If Council approves the redevelopment plan, it shall include in its approval the following findings:
(1) That the area described in the redevelopment plan is a blighted area;
(2) That the urban renewal or redevelopment plan for the project area will afford maximum opportunity, consistent with the needs of the locality as a whole, for the redevelopment of the project area by private enterprise; and
(3) That the redevelopment plan is feasible and conforms to the general or master plan, as it then exists, for the overall development of the city.
(E) The approval by Council of the urban renewal or redevelopment plan constitutes authority to spend general tax revenues appropriated for such property and the proceeds of bonds issued for such purpose and to accept gifts, donations and grants from the United States, the state, any entity, instrumentality or subdivision of either or any other entity or person.
(`82 Code, § 1232.06) (Ord. 86-77, passed 10-7-86; Am. Ord. 94-79, passed 8-16-94)
An urban renewal or redevelopment plan may be modified by Council at any time. Any proposed modification which contemplates an extension of the project area, a change in the zoning in the area, or any other change which Council determines to be substantial, shall not be made until after Council has held a public hearing thereon, preceded by notice as provided in § 1232.06. Council may either approve or reject the proposed modification by a majority vote. If the proposed modification is approved, it shall become a part of the urban renewal or redevelopment plan.
(`82 Code, § 1232.07) (Ord. 86-77, passed 10-7-86; Am. Ord. 94-79, passed 8-16-94)
After approval of the urban renewal or redevelopment plan by Council, the Mayor shall cause the redevelopment or renewal of the project area to be administered in accordance with the approved plan. When authorized by ordinance of Council, the Mayor shall execute any and all contracts, including, but not limited to, those contracts necessary to acquire property in the project area, to demolish buildings on such property, to make site improvements indicated in the plan and to dispose of property in the project area which is not to be retained by the city in accordance with the plan. The ordinance authorizing the disposal of such land shall prescribe, in detail, the terms, conditions and manner in which such sale is to be made and the covenants to be contained in the instruments of conveyance from the city to the redeveloper. Such terms, conditions or covenants shall not contain any restrictions based upon race, creed or color. Pending the use or sale of property in the project area, the Mayor may temporarily cause such property to be rented for such uses and purposes as may be desirable, even though such uses and purposes are not in conformity with the urban renewal or redevelopment plan.
(`82 Code, § 1232.08) (Ord. 86-77, passed 10-7-86; Am. Ord. 94-79, passed 8-16-94)
(A) All property of the city, including funds owned or held by it for 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 on such property. However, this section shall not apply to or limit the right of obligees to pursue any remedies for the endorsement of any pledge or lien given pursuant to this chapter by the city on its rents, fees, grants or revenues from urban renewal projects.
(B) The property of the city, acquired or held for the purpose of this chapter, is declared to be public property used for essential public and governmental purposes, and such property shall be exempt from all taxes of the city, the county, the state or any political subdivision thereof. However, such tax exemption shall terminate when the city sells, leases or otherwise disposes of such property in an urban renewal or redevelopment area to a purchaser or lessee who is not a public body entitled to tax exemption with respect to such property.
(C) In any urban renewal project, the City Council may agree that the owners of the improvements shall make semi-annual urban renewal service payments in lieu of taxes upon the improvements during an exemption period, to be determined by the Council at such time equivalent to the taxes which would have been paid on the portion of the valuation of the improvements which are declared at such time to be a public purpose. Any such service payments shall be collected at the same time and in the same manner as real property taxes are collected. The entire amount of these service payments shall be deposited into an urban renewal debt retirement fund established pursuant to this chapter. Such payments may be agreed upon between the city as owner of the improvements and any lessee of such improvements.
(D) Any urban renewal project initiated by the city, may, at the discretion of the City Council, be partially or completely funded by urban renewal bonds which shall be payable from the revenues derived from the urban renewal project; or by issuing unvoted urban renewal bonds which pledge the full faith and credit of the city which may also pledge and be payable from any or all of the revenues derived from the urban renewal project; or may issue unvoted urban renewal bonds pursuant to Article VIII, Section 13 of the Ohio Constitution in order to create and preserve jobs and employment opportunities and improve the economic welfare of the city, which shall pledge and be payable from the revenues derived by the urban renewal project.
(E) An urban renewal project authorized pursuant to this chapter may be funded by any other manner which is lawful pursuant to the home rule powers of the city.
(`82 Code, § 1232.09) (Ord. 86-77, passed 10-7-86; Am. Ord. 94-79, passed 8-16-94; Am. Ord. 98-48, passed 7-7-98)
(A) Notwithstanding any other evidence of legislative intent, it is declared to be the controlling legislative intent that if any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter and the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.
(B) Insofar as the provisions of this chapter are inconsistent with the provisions of any other law, the provisions of this chapter shall control. The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law.
(`82 Code, § 1232.10) (Ord. 86-77, passed 10-7-86; Am. Ord. 94-79, passed 8-16-94)