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TO ADOPT THE RECOMMENDATION OF THE ADVISORY BOARD FOR THE OFFICE & INDUSTRIAL INCENTIVE PROGRAM GRANTING APPROVAL FOR NIAGARA BOTTLING, LLC FOR A PERIOD OF FIVE YEARS; AND TO DECLARE AN EMERGENCY.
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WHEREAS, the Department of Planning & Development created the City of Gahanna Office & Industrial Incentive Program guidelines, which are a statement of policy designed to increase employment opportunities and encourage the retention of existing and establishment of new jobs; and
WHEREAS, the incentive is a yearly payment to the employer of up to 50 percent of the paid income tax withholding from new job creation for a period of between one and five years; and
WHEREAS, Council has adopted the City of Gahanna Office & Industrial Incentive Program guidelines by ORD-0212-2002 and amended the guidelines by the adoption of ORD-0064-2011; and
WHEREAS, the Incentive Advisory Board met on Monday, August 27, 2012, to review the application to grant incentives to Niagara Bottling, LLC for a period of five (5) years, at a rate of 50% of the net municipal income tax withholding from their employees; and
WHEREAS, it is imperative to pass this ordinance at the earliest time possible so that Niagara Bottling, LLC can officially operate and open their business in Gahanna by February 1, 2013, and all for the preservation of the public peace, property, health, safety and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GAHANNA, STATE OF OHIO:
Section 1. That this Council hereby acknowledges the recommendation for approval of the Incentive Advisory Board for Niagara Bottling, LLC.
Section 2. That during the term of the Office & Industrial Incentive, upon the written request of Niagara Bottling, LLC the company shall receive a payment of a 50% of the company's net municipal income tax in the City of Gahanna for five (5) years as outlined in the agreement.
Section 3. That the incentive shall begin the first full year of occupancy which is projected to be 2014.
Section 4. That the incentive shall coincide with the Ohio Department of Development job creation tax credit program.
Section 5. That the incentive shall be in effect for a period of five (5) years, not to exceed 20 consecutive quarters, provided that all federal, state and local taxes are paid in full at the time of each requested reimbursement. If the taxes are not paid in full for the subject reimbursement year, Niagara Bottling, LLC forgoes the incentive for that year.
Section 6. That Niagara Bottling, LLC shall request reimbursement from the City by June of the second year and each year thereafter the incentive is in effect for the period of the approved term.
Section 7. That if Niagara Bottling, LLC declares bankruptcy, then the debt owed to the City per the conditions to the agreement outlined in the adopted Office and Industrial Incentive Guidelines shall be the obligation of any successor lessee and notice of said debt shall be placed as an addendum to the lease.
Section 8. That Niagara Bottling, LLC shall complete an annual incentive report provided by the Department of Development for each effective year.
Section 9. That the Advisory Board of the Office and Industrial Incentive Program reserves the right to terminate or revoke the incentive with thirty (30) days written notice to Niagara Bottling, LLC if the company fails to comply with the guidelines of the program.
Section 10. That the Office & Industrial Incentive Agreement to be completed by Niagara Bottling, LLC is attached to this ordinance as EXHIBIT A and made a part hereof.
Section 11. That, for the reasons set forth in the preamble herein above, this ordinance is declared emergency legislation and shall be in full force and effect immediately upon passage by this Council and on date of signature approval by the Mayor.