Ohio § 5709.43

§ 5709.43.

(A) A municipal corporation that grants a tax exemption under section 5709.40 of the Revised Code shall establish a municipal public improvement tax increment equivalent fund into

which shall be deposited service payments in lieu of taxes distributed to the municipal

corporation under section 5709.42 of the Revised Code .  If the legislative authority of the municipal corporation has adopted an ordinance

under division (C) of section 5709.40 of the Revised Code , the municipal corporation shall establish at least one account in that fund with

respect to ordinances adopted under division (B) of that section, and one account

with respect to each incentive district created in an ordinance adopted under division

(C) of that section.  If an ordinance adopted under division (C) of section 5709.40 of the Revised Code also authorizes the use of service payments for housing renovations within the district,

the municipal corporation shall establish separate accounts for the service payments

designated for public infrastructure improvements and for the service payments authorized

for the purpose of housing renovations.  Money in an account of the municipal public improvement tax increment equivalent

fund shall be used to finance the public infrastructure improvements designated in,

or the housing renovations authorized by, the ordinance with respect to which the

account is established;  in the case of an account established with respect to an

ordinance adopted under division (C) of that section, money in the account shall be

used to finance the public infrastructure improvements designated, or the housing

renovations authorized, for each incentive district created in the ordinance.  Money in an account shall not be used to finance or support housing renovations

that take place after the incentive district has expired.  The municipal corporation also may deposit into any of those accounts municipal

income tax revenue that has been designated by ordinance to finance the public infrastructure

improvements and housing renovations. (B) A municipal corporation may establish an urban redevelopment tax increment equivalent

fund, by resolution or ordinance of its legislative authority, into which shall be

deposited service payments in lieu of taxes distributed to the municipal corporation

by the county treasurer as provided in section 5709.42 of the Revised Code for improvements exempt from taxation pursuant to an ordinance adopted under section 5709.41 of the Revised Code .  Moneys deposited in the urban redevelopment tax increment equivalent fund shall

be used for such purposes as are authorized in the resolution or ordinance establishing

the fund.  The municipal corporation also may deposit into the urban redevelopment tax increment

equivalent fund municipal income tax revenue that has been dedicated to fund any of

the purposes for which the fund is established. (C)(1)(a) A municipal corporation may distribute money in the municipal public improvement

tax increment equivalent fund or the urban redevelopment tax increment equivalent

fund to any school district in which the exempt property is located, in an amount

not to exceed the amount of real property taxes that such school district would have

received from the improvement if it were not exempt from taxation, or use money in

either or both funds to finance specific public improvements benefiting the school

district.  The resolution or ordinance establishing the fund shall set forth the percentage

of such maximum amount that will be distributed to any affected school district or

used to finance specific public improvements benefiting the school district. (b) A municipal corporation also may distribute money in the municipal public improvement

tax increment equivalent fund or the urban redevelopment tax increment equivalent

fund as follows: (i) To a board of county commissioners, in the amount that is owed to the board pursuant

to division (E) of section 5709.40 of the Revised Code ; (ii) To a county in accordance with section 5709.913 of the Revised Code . (2) Money from an account in a municipal public improvement tax increment equivalent

fund or from an urban redevelopment tax increment equivalent fund may be distributed

under division (C)(1)(b) of this section, regardless of the date a resolution or an

ordinance was adopted under section 5709.40 or 5709.41 of the Revised Code that prompted the establishment of the account or the establishment of the urban

redevelopment tax increment equivalent fund, even if the resolution or ordinance was

adopted prior to March 30, 2006. (D) Any incidental surplus remaining in the municipal public improvement tax increment

equivalent fund or an account of that fund, or in the urban redevelopment tax increment

equivalent fund, upon dissolution of the account or fund shall be transferred to the

general fund of the municipal corporation.