Ohio § 715.692

§ 715.692.

(A) As used in this section: (1) “ Assessed value ” means the assessed value of a parcel listed on the most recent tax list and duplicate

or, if the parcel is exempted from taxation, the list of exempt property, compiled

by the county auditor under section 319.28 or 5713.08 of the Revised Code . (2) “ Business ” means a sole proprietorship, a corporation for profit, a pass-through entity as

defined in section 5733.04 of the Revised Code , the federal government, the state, the state's political subdivisions, a nonprofit

organization, or a school district. (3) “ Contracting party ” means a municipal corporation, county, or township that is a party to a joint economic

development zone contract under section 715.691 of the Revised Code or, if the contract has not yet taken effect, will be a party to such a contract. (4) A business “operates within” a zone if the net profits of the business or the income

of employees of the business would be subject to an income tax levied within the zone. (5) “ Economic development plan ” means the economic development plan required to be included in a joint economic

development zone contract under division (C) of section 715.691 of the Revised Code . (6) “ Owner ” means a partner of a partnership, a member of a limited liability company, a majority

shareholder of an S corporation, a person with a majority ownership interest in a

pass-through entity, or any officer, employee, or agent with authority to make decisions

legally binding upon a business. (7) “ Record owner ” means the person or persons in whose name a parcel is listed on the tax list or

exempt list compiled by the county auditor under section 319.28 or 5713.08 of the Revised Code . (8) “Substantial amendment” has the same meaning as in section 715.691 of the Revised Code . (B) Before enacting ordinances or resolutions to approve a joint economic development

zone contract under section 715.691 of the Revised Code or adopting a substantial amendment to such a contract, the contracting parties shall

create a joint economic development review council.  The purpose of the council is to review the economic development plan included in

the joint economic development zone contract or amendment to the contract, and either

approve the plan or disapprove the plan and provide recommendations to the contracting

parties for ways in which the plan may be modified to meet the approval of the council. The council is a public body for the purposes of section 121.22 of the Revised Code , and it is a public office for the purposes of section 149.43 of the Revised Code .  Members of the council shall not be considered to be holding a direct or indirect

interest in a contract or expenditure of money by a contracting party because of their

affiliation with the council. (C)(1) The county auditor of the county in which the largest portion of the territory of

the zone is located shall serve as chairperson of the joint economic development council.  The auditor shall continue in the office of chairperson until the council is dissolved

under division (G) of this section or the boundaries of the joint economic development

zone are reconfigured by the contracting parties in such a way that a different county

contains the largest portion of the territory of the zone. (2) The contracting parties shall appoint the other members of the council as follows: (a) One appointed member shall be a person affiliated with an economic development organization

that provides services for, or advocates on behalf of, businesses operating within

the zone or, if there are no businesses currently operating within the zone, businesses

operating in the area surrounding the zone. (b) One appointed member shall be a member of the public appointed by joint agreement

of the contracting parties. (c) Except as provided by division (C)(2)(d) of this section, four appointed members

shall be owners of businesses operating within the zone or an individual designated

by such an owner.  The contracting parties shall first appoint the owners of the four businesses that

employ the most persons within the zone.  If one or more of these owners is unwilling or unable to serve as a member of the

council or to designate an individual to serve in the owner's place, the contracting

parties shall appoint the owner of the business that employs the next most number

of persons within the zone until each position to be appointed under this division

is filled.  No business may have more than one owner or a designee thereof serving as a member

of the council at any time. (d) If there are not four owners of businesses operating within the zone who will accept

an appointment or designate an individual to serve on the council as prescribed by

division (C)(2)(c) of this section, the contracting parties shall appoint record owners

of real property located within the zone to the remaining positions on the council.  The contracting parties shall first appoint the record owner of the parcel or parcels

with the greatest aggregate assessed value within the zone or an individual designated

by that record owner.  If the record owner is unwilling or unable to serve or designate an individual to

serve as a member of the council, the contracting parties shall appoint the record

owner of the parcel or parcels with the next greatest aggregate assessed value within

the zone or an individual designated by that record owner until each position on the

council is filled.  If there are not enough record owners of real property located within the zone who

will accept an appointment or designate an individual to serve on the council as prescribed

by this division, the number of members of the council shall be reduced accordingly. (D)(1) The joint economic development review council shall hold at least one public meeting

before ordinances or resolutions are enacted by the contracting parties to approve

the contract or a substantial amendment to the contract.  The chairperson shall provide public notice of the time and place of each meeting

in a newspaper of general circulation in the area or areas to be included in the zone.  Attendance by the chairperson and at least one-half of the appointed members of

the council constitutes a quorum to conduct the business of the council. (2) At the meeting, the council shall review the economic development plan for the zone

and consider the question of whether the plan is in the best interests of the zone.  The council shall allow each contracting party, or a representative thereof, the

opportunity to present testimony on the economic development plan and on any other

relevant provisions of the joint economic development zone contract.  The council shall also allow time, during the meeting or meetings, for public comment

and recommendations on the economic development plan and the joint economic development

zone.  The council may hold an executive session in the manner provided in section 122.22 of the Revised Code . (3) If the council, by majority vote of the membership of the council, determines that

the plan is in the best interests of the zone, the plan is thereby approved and the

ordinances or resolutions approving the contract may be enacted as provided in section 715.691 of the Revised Code ;  otherwise, the plan is not approved and such ordinances or resolutions may not

be enacted.  If the plan is not approved, the council shall provide recommendations to the contracting

parties for ways in which the economic development plan may be modified to meet the

approval of the council.  Such recommendations shall be in writing and shall be sent to each contracting party

within fourteen days after the vote of the council on the economic development plan. (E) The joint economic development review council shall dissolve by operation of law

upon approving the economic development plan. (F) The contracting parties shall make appropriations as are necessary to pay the costs

incurred by the council in the exercise of its functions under this section.  The costs incurred by a council in any year shall not exceed ten thousand dollars. (G) If, on the effective date of H.B. 289 of the 130th general assembly, the contracting

parties to a joint economic development zone contract have enacted ordinances or resolutions

approving the contract but the contract has not yet been submitted to the electors

under division (F) of section 715.691 of the Revised Code , the contracting parties shall recall the contract from the county board of elections

and comply with this section as if the contracting parties had not yet enacted ordinances

or resolutions approving the contract.