70-03 Development Agreement w/ Hinkley Lighting

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ORDINANCE NO: PLACED ON 1ST READING AND REFERRED TO THE COMMITTEE OF THE WHOLE 10/6/03.PLACED ON ' BY: 2ND READING 10/20/03. 70-03 Corrigan~ Dever. Dunn~ FitzGerald ~ George~ Roth~ Seelie. AN EMERGENCY ORDINANCE authorizing the Mayor or her designee to enter into a Deveiopment Agreement with Hinkley Lighting, Inc. an Ohio Corporation for a financiai assistance package in support of the retention and expansion of the Company located at 12600 Berea Road (Permanent Parcei Number 315- 24-010) and 12750 Berea Road (Permanent Parcel Number 315-24-005), Lakewood Ohio. The Deveiopment Agreement is now on file with the Cierk of CounciL WHEREAS, pursuant to the Lakewood Community Vision, and the Berea Road, West 11? Street Study, Berea Road is recommended to be maintained and strengthened as an important industriai corridor within the City of Lakewood; and WHEREAS, it is in the pubiic interest to see that Hinkley Lighting is retained and expanded in Lakewood thereby ensuring the continued operation at this site of an economically viabie and tax generating business; and WHEREAS, Ordinance 29-03 adopted April 7, 2003, authorized a Phase II Environmentai Assessment of the Project Site that determined the need for various site improvements prior to the expansion and construction by Hinkley Lighting of a new distribution and warehouse facility at the Project Site; and WHEREAS, the Board of Commissioners of Cuyahoga County, through County Resolution Numbers 033413 passed August 26, 2003, 033557 passed September 2, 2003 and 033901 passed September 30, 2003 approved preparation and execution of a contract and appropriation of funds for an economic development grant to the City of Lakewood for the purpose of assisting the Hinkley Lighting, Inc. expansion project; and WHEREAS, Hinkley Lighting, Inc. has applied for assistance for the retention and expansion project through the City's Busine~s Investment Program (BIP) of the Economic Development Fund; and WHEREAS, the City and Hinkley desire to enter into this Agreement to set forth their agreement as to their respective rights and obiigations with respect to the financial assistance package for the Project; and WHEREAS, this Council by a vote of at least five (5) members eiected thereto determines that this ordinance is an emergency measure, and that this ordinance shall take effect at the eariiest date possible as set forth in ARTICLE III, SECTIONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD, and that immediate action is necessary to provide for the preservation of the public heaith, safety and welfare and in order to facilitate the expansion and construction by Hinkley Lighting of a new distribution and warehouse facility in a timely manner. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. The Council of the City of Lakewood hereby authorizes the Mayor or her designee to enter into a Development Agreement with Hinkley Lighting, Inc. an Ohio Corporation for a financial assistance package in support of the retention and expansion of the Company iocated at 12600 Berea Road (Permanent Parcel Number 315-24-010) and 12750 Berea Road (Permanent Parcel Number 315-24-005), Lakewood Ohio. The Development Agreement is now on fìie with the Clerk of Council. Section 2. The Council of the City of Lakewood hereby determines that entering into a Development Agreement with Hinkley is in the best interest of the pubiic health, safety, and welfare of the City of Lakewood and will further the goal of retaining and expanding an economically viable and tax generating use at this property. Section 3. It is found and determined that ali formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all such deiiberations of this Council and any of its committees that resulted in such formal actions, were in meetings open to the public in compliance with all legal requirements. Section 4. This Ordinance is hereby deciared to be an emergency measure for the reasons set forth and defined in the preamble of this Ordinance, and provided it receives the affirmative vote of at least five (5) of its members elected to Council, this Ordinance shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor; otherwise it shall take effect and be in force after the earliest period allowed by law. Adopted:'Î1. ~ Q~..~; President :3 2uo? r APProved:~QJf.~){l.. +: Ml. J