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Home My WebLink About143-02 Ordinance ORDINANCE NO. 143-02 AN ORDINANCE AMENDING ORDINANCE NO. 14-96 PASSED APRIL 1, 1996, AS AMENDED BY ORDINANCE NO. 138-99 PASSED JANUARY 3, 2000, TO SUPPLEMENT THE PUBLIC IMPROVEMENTS TO BE MADE TO BENEFIT THE PARCELS IDENTIFIED IN THOSE ORDINANCES, AND DECLARING AN EMERGENCY. (Thomas/Kohler TIF) WHEREAS, pursuant to Ohio Revised Code Sections 5709.40, 5709.42 and 5709.43, this Council on April 1, 1996 passed Ordinance No. 14-96 (the TIF Ordinance) thereby declaring improvements to parcels of certain real property located in the City (as described and depicted in the TIF Ordinance and referred to therein as the Property) to be a public purpose, exempting those improvements from real property taxation for a period of time, specifying public infrastnicture improvements (as described in the TIF Ordinance and referred to therein as the Infrastructure Improvements) to be made to benefit those parcels, providing for the making of service payments in lieu of taxes (the Service Payments) by the owner(s) thereof, and establishing a municipal public improvement tax increment equivalent fund (the Fund) into which those Service Payments were to be deposited; and WHEREAS, this Council on January 3, 2000 by its passage of Ordinance No. 138-99 (the Amending Ordinance) specified additional public infrastructure improvements benefiting those parcels and provided for payments to the Dublin City School District equal to the amounts that School District would otherwise receive as real property tax payments; and WHEREAS, this Council desires to specify additional public infrastnicture improvements benefiting those parcels; and WHEREAS, notice of this amendment to the TIF Ordinance has been timely delivered to the Dublin City School District and the Central Ohio Joint Vocational School District in accordance with Ohio Revised Code Section 5709.83; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Delaware, Franklin and Union Counties, Ohio, that: Section 1. The public infrastructure improvements set forth in Exhibit B to the TIF Ordinance as supplemented by the Amending Ordinance, and to be made or caused to be made by the City, shall also include the relocation and burying underground of overhead cables, wires and the appurtenant equipment which benefits, or that once made will benefit, the Property (as defined in the TIF Ordinance). Section 2. Except as provided herein, all other provisions of the TIF Ordinance shall remain in full force and effect and the City Manager and Director of Finance are directed to make such arrangements as are necessary and proper for collection of the Service Payments. The City Manager and the Director of Finance are authorized to prepare or cause to be prepared and to submit to this Council for approval any amendments or supplements to that certain Tax Increment Financing Agreement between the City and Duke Realty Limited Partnership, which amendments or supplements may be in the form of a separate agreement, and providing for the payment of further costs of the Public Infrastructure Improvement permitted and contemplated by this Ordinance. Those City officials are further authorized to provide such information and to execute, certify or furnish such other documents, and to do all of the things as are necessary for and incidental to carrying out the provisions of this Ordinance. Section 3. Pursuant to Section 5709.40 of the Ohio Revised Code, the Clerk of Council is hereby directed to deliver a copy of this Ordinance to the Director of the Department of Development of the State of Ohio within fifteen days after its passage. Section 4. This Council finds and determines that all formal actions of this Council concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council and that all deliberations of this Council that resulted in those formal actions were in meetings open to the public in compliance with the law. Section 5. This Ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the City, and for the further reason that this Ordinance is required to be immediately effective in order that provision may be made for the additional Infrastructure Improvements to be constructed as quickly as possible; wherefore, this Ordinance shall be in full force and effect immediately upon its passage. Signed: Presidin fficer Attest: C:~~ _ Clerk of Council Passed: ~ Q.C• °J1 , 2002 Effective: , 2002 ~.5~ !E _ ~ } r ~ lry Cla'~', C ~f ~ cr; C Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 crrv of ~ue~iN Phone: 614-410-4400 • Fax: 614-410-4490 Memo To: Members of Dublin City Council From: Jane S. Brautigam, City Managed j~ (~y,,~,~,L-'- Date: December 2, 2002 Initiated By: Marsha L Grigsby, Assistant City Manager/Director of Finance.'~`~~- Re: Ordinance No. 143-02, An Ordinance Amending Ordinance No. 14-96 Passed April 1, 1996, As Amended by Ordinance 138-99 Passed January 3, 2000, To Supplement The Public Improvements To Be Made To Benefit The Parcels Identified In Those Ordinances, And Declaring An Emergency. (Thomas/Kohler TIF) SUMMARY: As discussed at the November 18, 2002 City Council meeting and as directed by Resolution No. 41-02, the administration has worked with Squire, Sanders & Dempsey, LLC, the City's bond counsel, to prepare legislation amending the existing legislation related to the Thomas/Kohler tax increment financing (TIF) district. This amendment identifies additional public infrastructure improvements that will benefit the parcels included in the TIF district. The additional public infrastructure improvements include the relocation and burying underground of overhead cables, wires and the appurtenant equipment which benefit, or will benefit, the TIF parcels once made. These improvements include American Electric Power's (AEP) 138 KV transmission line project that is needed to resolve current and future electric needs of the City, including the parcels within the TIF district. This TIF district was previously amended by Ordinance No 138-99 to provide fora "non-school" TIF after the terms of the "straight" TIF expire. The "straight" TIF will expire tax year 2003, calendar year 2004, and the "non-school" TIF will continue through tax year 2026. As identified in Resolution No. 41-02, the City will fund 50% of the defined "additional" costs, estimated to be $1,286,000, associated with the desired route and placement of the 138 KV transmission lines to be installed by AEP. We intend to utilize the Thomas/Kohler TIF to fiend $643,000 of the City's estimated project costs. This will result in the City's reimbursement of previously advanced funds to be deferred. This will not impact projected General Fund and/or Capital Improvements Tax Fund revenues because it was assumed no repayments of past advances would be made in the next five years. Sufficient funds are currently available in the Thomas/Kohler TIF Fund to make payment of the $643,000. RECOMMENDATION: It is recommended that Ordinance No. 143-02 be passed as an emergency at the December 9, 2002 City Council meeting. Passage as an emergency is requested in order that provision for the additional infrastructure improvements is effective immediately upon passage. 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