195.02 ELIGIBILITY.
   To be eligible for Twinsburg Occupancy Program benefits potential applicants shall comply with the following categories and characteristics:
   (a)   Companies Currently Located in the City of Twinsburg Which Are Expanding Physical Facilities and Numbers of Employees. A company which is expanding its physical plant and number of employees shall be eligible to receive an annual grant payment under the Twinsburg Occupancy Program provided that the company demonstrates the following characteristics:
      (1)   Retail and food service businesses are not eligible recipients.
      (2)   The owner/business currently employs at least 20 full-time (or equivalent) employees and/or a current payroll excluding benefits exceeding $500,000 and is creating at least 10 new jobs that will result in at least $250,000 in new annual payroll excluding benefits within a 3-year period. The owner/business agrees to maintain the existing payroll and new jobs for the period of the credit. Should the existing and/or new payroll decline from the level existing at the time of the initial credit agreement, the agreement may be discontinued. Failure of the owner/business to maintain existing and new payroll commitments three (3) years in a row will result in mandatory discontinuance of the TOP agreement.
      (3)   The owner/business commits that it will comply with all laws and ordinances of the City of Twinsburg.
      (4)   The owner/business does not owe any delinquent taxes to the State of Ohio or any political subdivision of the State of Ohio.
      (5)   A Twinsburg Occupancy Program Agreement must be offered by the City prior to occupancy of the property.
   (b)   Companies New to the City of Twinsburg. A company or company division or subsidiary which is new to the City of Twinsburg and which is buying or leasing an existing property shall be eligible to receive an annual grant payment under the Twinsburg Occupancy Program provided that the company demonstrates the following characteristics:
      (1)   The owner/business currently employs at least 20 full-time (or equivalent) employees and/or a current payroll excluding benefits exceeding $500,000 and is increasing employment to the extent that new employment will result in at least $250,000 in new annual payroll excluding benefits within a 3-year period.
      (2)   The owner/business agrees to maintain the existing payroll and new jobs for the period of the credit. Should the existing and/or new payroll decline from the level existing at the time of the initial credit agreement, the agreement may be discontinued. Failure of the owner/business to maintain existing and new payroll commitments three (3) years in a row will result in mandatory discontinuance of the TOP agreement.
      (3)   The owner/business commits that it will comply with all laws and ordinances of the City of Twinsburg.
      (4)   The owner/business does not owe any delinquent taxes to the State of Ohio or any political subdivision of the State of Ohio.
      (5)   A Twinsburg Occupancy Program Agreement must be offered by the City prior to occupancy of the subject property.
   (c)   Twinsburg Company Subject to Involuntary Relocation. An existing Twinsburg company which is being required to relocate from an existing Twinsburg property due to actions beyond its control may be eligible to participate in the Twinsburg Occupancy Program provided the following conditions apply:
      (1)   Company relocation is necessitated by actions imposed on the company and are not controlled by the company itself. Such actions may include termination of lease by a property owner, property damage by fire or natural disaster such as a flood or tornado where extensive damage results in interruption of business requiring relocation.
      (2)   The company to be relocated is considering sites outside of the City of Twinsburg.
      (3)   The owner/business agrees to maintain the existing payroll and maintain company facilities in the City of Twinsburg for the period of the credit. Should the existing and/or new payroll decline from the level existing at the time of the initial credit agreement, the agreement may be discontinued. Failure of the owner/business to maintain existing and new payroll commitments three (3) years in a row will result in mandatory discontinuance of the TOP agreement.
      (4)   The owner/business commits that it will comply with all laws and ordinances of the City of Twinsburg.
      (5)   The owner/business does not owe any delinquent taxes to the State of Ohio or any political subdivision of the State of Ohio.
         (Ord. 121-2011. Passed 8-23-11.)