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<br />Substitute for Prior Ordinance 47-06 <br /> <br />PLACED ON 1ST READING & REFERRED TO THE <br />COMMITTEE OF THE WHOLE 5/15/06, 2ND READING <br />6/5/06. DEFERRED 6/19/06. SUBSTITUTED <br />7/3/06 <br /> <br />ORDINANCE NO <br /> <br />By· Àntonio, Butler, Demro, Dever, <br />FitzGerald, Madigan, Seelie. <br /> <br />AN ORDINANCE to take effect immediately provided it received the affIrmative <br />vote of at least fIve (5) members elected to Council, otherwise, it shall take effect and be in <br />force after the earliest period allowed by law, authorizing the Mayor or his designee to enter <br />into an agreement with the Lakewood City School District regarding sharing with the School <br />District of service payments received by the City under a proposed Development Agreement <br />relating to the Sloane Avenue fucentive District <br /> <br />/ <br /> <br />WHEREAS, Foran Montlack Development, LLC, an Ohio limited liability company <br />(the "Developer"), has proposed to the City a development project comprised of a 46-unit <br />for-sale residential development (the "Project") withìn the Sloane Avenue Incentive District <br />at the west end of the City, which Project is consistent with the City's plarming; and <br /> <br />WHEREAS, the Developer is willing to enter into a Tax Increment Financing and <br />Development Agreement with the City (the "Development Agreement") relating to the <br />proposed redevelopment in order to obtain the City's assistance with tax increment financing <br />permitted under Ohio Revised Code Sections 570940, 5709.42 and 5709.43 (the "Act"); and <br /> <br />WHEREAS, by Ordinance No 4B-06 , passed Jdy L7 , 2006, this <br />Council approved the Development Agreement for The Cliffs Project in the Sloane Avenue <br />Incentive District (the "Incentive District"), which agreement includes undertakings ~d <br />activities by the City comprising its Public Improvements in accordance with Ohio Revised <br />Code Chapter 5709.40 and the public purpose authorized thereunder; and <br /> <br />WHEREAS, pursuant to Section 5709 40 of the Ohio Revised Code, improvements to <br />real property within the Incentive District may be declared to be a public purpose in the <br />Development Agreement; and <br /> <br />WHEREAS, pursuant to Section 5709 40 of the Ohio Revised Code, such <br />improvements so declared to be a public purpose in the Development Agreement shall be <br />exempt fTom real property taxation; and <br /> <br />WHEREAS, pursuant to Section 5709.42 of the Ohio Revised Code, the owners of <br />such improvements are required to make armual service payments (the "Service Payments") <br />/Ìn lieu of taxes that would have been paid had such improvements not been exempt; and <br /> <br />WHEREAS, the Lakewood City School District (the "School District") has been <br />notified previously of the intent of the City to enter into the Development Agreement, in <br />compliance with Section 5709 40 of the Ohio Revised Code, and the School District, by <br />resolution adopted by a majority of the Board of Education of the School District and <br />certified to this Council on June 7, 2006, has approved the exemption from real property <br />taxation in the percentage requested by this Council on the condition that the City enter into <br />an agreement with the District in substantially the fonn on file with the Clerk of Council; and <br /> <br />WHEREAS, this Council by a vote of at least fIve (5) members elected thereto <br />detennines that this Ordinance is an emergency measure, and that this Ordinance shall take <br />effect at the earliest date possible as set forth in ARTICLE III, SECTION 10 and 13 of the <br />SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD, and that immediate <br />action is necessary for the immediate preservation of the public peace, property, health, <br />safety and welfare in the City of Lakewood and for the usual daily operation of the City of <br />Lakewood for the timely execution of the Agreement with the Lakewood City School <br />District. <br /> <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF LAKEWOOD, <br />STATE OF OHIO' <br /> <br />SECTION 1. The agreement between the City and the Lakewood City School <br />District, in the fonn presently on fIle with the Clerk of Council, providing for, among other <br />things, payments of Service Payments by the City to the School District compensating the <br />School District for tax revenue the School District would have received had property <br />comprising the Project not been exempted fTom taxation by the City, is hereby approved and <br />authorized with changes thereto not inconsistent with this Ordinance and not substantially <br /> <br />{VDB4419.DOC;2} <br />