PUBLIC NOTICE ORDINANCE NO. O-25-57 AN ORDINANCE IMPLEMENTING

PUBLIC NOTICE ORDINANCE NO. O-25-57 AN ORDINANCE IMPLEMENTING SECTIONS 3735.65 THROUGH 3735.70 OF THE OHIO REVISED CODE, ESTABLISHING AND DESCRIBING THE BOUNDARIES OF THE SOUTHWEST CONNECTOR COMMUNITY REINVESTMENT AREA, DESIGNATING A HOUSING OFFICER TO ADMINISTER THE PROGRAM, AND CREATING A COMMUNITY REINVESTMENT HOUSING COUNCIL AND A TAX INCENTIVE REVIEW COUNCIL. WHEREAS, the Council of the City of Wilmington (the “Council”) desires to pursue reasonable and legitimate incentive measures to assist and encourage development in specific areas of the City of Wilmington (the “City”) that have not enjoyed sufficient reinvestment from remodeling or new construction; and WHEREAS, as required by Section 3735.66 of the Ohio Revised Code (R.C.), a survey of housing (the “Survey”) has been prepared for the area to be included in the proposed Community Reinvestment Area (CRA) designated in this Ordinance and depicted in the attached Exhibit A to this Ordinance (the “Area”); and WHEREAS, the Council finds and determines that the findings of the Survey should be and hereby are incorporated into this Ordinance and attached hereto as Exhibit B and hereby incorporated by reference; and WHEREAS, the maintenance of existing and construction of new structures in such area would serve to encourage economic stability, maintain real property values, encourage the creation and retention of employment opportunities and would benefit the overall economic health of the City; and WHEREAS, the remodeling of existing structures or the construction of new structures in this CRA constitutes a public purpose for which real property exemptions may be granted; and WHEREAS, the City desires to designate the Area as the Southwest Connector Community Reinvestment Area pursuant to R.C. Sections 3735.65 through 3735.70 (the “CRA Act”) to encourage such development in the Area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WILMINGTON, STATE OF OHIO: Section 1. Designation of Area. Based upon the Survey and on this Council’s own knowledge and review of the facts and existing conditions, this Council finds and determines that the Area, to be designated as the Southwest Connector Community Reinvestment Area constitutes an area in which housing facilities or structures of historical significance are located, and in which new construction or repair of existing facilities or structures has been discouraged. Section 2. Establishment of Area: Eligible Properties. Pursuant to R.C. Section 3735.66, the Area, known as the Southwest Connector Community Reinvestment Area is hereby established as described and depicted in Exhibit A, which is attached to this Ordinance and hereby incorporated by reference. Only commercial or industrial properties consistent with the applicable zoning regulations within the Area will be eligible to apply for exemptions under this Ordinance. Residential properties are not eligible for exemptions under this Ordinance, and, for the purposes of the CRA Act, every structure containing more than three (3) dwelling units shall be classified as residential. Section 3. Tax Exemptions in the Area. Within the Area, the percentage of any tax exemptions on the increase in the assessed valuation resulting from improvements to commercial or industrial real property and the terms of those exemptions shall be negotiated on a case-by-case basis in advance of construction or remodeling occurring all in accordance with the CRA Act and the terms of this Ordinance. The results of the negotiation of any exemption authorized by this Ordinance shall be set forth in writing in a Community Reinvestment Area Agreement pursuant to and in accordance with R.C. Section 3735.671, which agreement shall be approved by this Council. The maximum term and exemption percentage of any such tax exemptions on the increase in the assessed valuation resulting from improvements to commercial or industrial real property shall be as follows: (a) Up to and including fifteen (15) years, and up to and including one hundred percent (100%), for the remodeling of existing commercial and industrial structures within the Area and upon which the cost of remodeling is at least $5,000, the final term and percentage of which shall be negotiated on a case-by-case basis and set forth in a written CRA Agreement in advance of remodeling occurring; and (b) Up to and including fifteen (15) years, and up to and including one hundred percent (100%), for the construction of new commercial or industrial structures within the Area, the final term and percentage of which shall be negotiated on a case-by-case basis and set forth in a written CRA Agreement in advance of construction occurring; and (c) Up to and including thirty (30) years, and up to and including one hundred percent (100%), for the construction of new commercial or industrial structures within the Area if the commercial or industrial structure is situated on the site of a megaproject and is owned and occupied by a megaproject operator as defined in R.C. Section 122.17(A)(12), or is not situated on the site of a megaproject but is owned and occupied by a megaproject supplier that meets the requirements described in R.C. Section 122.17(A)(13)(b), the final term and percentage of which shall be negotiated on a case-by-case basis and set forth in a written CRA Agreement in advance of construction occurring and provided that the property owner has satisfied all the requirements in the CRA Act and R.C. 122.17 to designate the project as a “megaproject”. If remodeling qualifies for an exemption, during the period of the exemption, the applicable percentage of the increase in assessed value of the structure shall be exempt from real property taxation. If new construction qualifies for an exemption, during the period of the exemption the applicable percentage of the assessed value of the structure(s) shall be exempted from real property taxation. The Housing Officer is hereby authorized to give any and all notices on behalf of this Council that may be required by R.C. Sections 3735.671, 3735.673, and 5709.83 in connection with the consideration, approval, or entering into of any agreements under R.C. Section 3735.671. Section 4. Designation of Housing Officer. To administer and implement the provisions of this Ordinance, the Public Service Director for the City of Wilmington, or as otherwise designated by written agreement, is hereby designated as the Housing Officer as described in the CRA Act and is authorized and directed (i) to take all actions required of the Housing Officer under those sections, and (ii) to submit annual reports to the Director of the Ohio Department of Development on behalf of the City in accordance with ORC Section 3735.672. Section 5. CRA Housing Council. A Community Reinvestment Area Housing Council shall be established pursuant to R.C. Section 3735.69. The CRA Housing Council shall make annual inspection of the properties within the CRA for which an exemption has been granted under R.C. Section 3735.67. The Housing Council shall also hear appeals under R.C. Section 3735.70. The membership of the Housing Council shall be determined or appointed in accordance with R.C. Section 3735.69 and as further described in Exhibit C, which is attached to this Ordinance and hereby incorporated by reference. The members of this Council shall make their appointments to the Housing Council in separate legislation passed at a later date. Section 6. Tax Incentive Review Council. A tax incentive review council (the “TIRC”) shall be established pursuant to R.C. Section 5709.85. The TIRC shall review the compliance of all agreements involving the granting of exemptions for commercial or industrial real property improvements under R.C. Section 3735.671 and make written recommendations to this Council for continuation, modification, or cancellation of those agreements based upon the performance of each agreement. The membership of the TIRC shall be determined or appointed in accordance with R.C. Section 5709.85 and as further described in Exhibit C which is attached to this Ordinance. Section 7. Publication of Ordinance. Pursuant to R.C. Section 3735.66, the Clerk of this Council or their designee, is hereby directed and authorized to promptly publish this Ordinance once a week for two (2) consecutive weeks in a newspaper of general circulation in the City, which shall otherwise indicate that this Council has adopted this Ordinance and established the Southwest Connector Community Reinvestment Area. Section 8. The Mayor of the City of Wilmington, or their designee, is hereby directed and authorized to promptly submit by certified mail to the Director of the Ohio Department of Development a certified copy of this Ordinance and a map of the Southwest Connector Community Reinvestment Area sufficient in detail to denote the specific boundaries of the Area. Section 9. This Council hereby finds and determines that all formal actions relative to the passage of this Ordinance were taken in an open meeting of this Council, that all deliberations of this Council and of its committees, if any, which resulted in formal action were taken in meetings open to the public in full compliance with the law, including R.C. Section 121.22. Section 10. This Ordinance shall take effect and be in force from and after the earliest period allowed by law. (Wed., Sept. 24, Oct. 1, 2025) 90212940