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HomeMy WebLinkAbout57-04 Ordinance RECORD OF ORDINANCES Davton Legal Blank, Inc. Form No. 30043 57-04 Ordinance No. Passed . 24 AN ORDINANCE AUTHORIZING THE PROVISION OF CERTAIN INCENTIVES FOR PURPOSES OF ENCOURAGING THE EXPANSION BY BUCKEYE CHECK CASHING, INC. OF ITS WORKFORCE WITHIN THE CITY AND AUTHORIZING THE EXECUTION OF AN ECONOMIC DEVELOPMENT AGREEMENT. WHEREAS, consistent with its Economic Development Strategy approved by Dublin City Council Resolution No. 07-94 adopted on June 20, 1994, and the updated strategy approved by Dublin City Council Resolution No. 30-04 adopted July 6, 2004, the City of Dublin (City) desires to encourage commercial office development and provide for the creation of employment opportunities within the City; and WHEREAS, based on the results of Buckeye Check Cashing, Inc.'s (BCCI) recent comprehensive examination of workforce needs, BCCI is desirous of expanding its existing workforce within the City in consideration for the City's provision of additional economic development incentives; and WHEREAS, this Council has determined to offer additional economic development incentives, the terms of which are set forth in a substantially final form of Economic Development Agreement presently on file in the office of the Clerk of Council, to induce BCCI to further expand its workforce within the City, to create additional jobs and employment opportunities and to improve the economic welfare of the people of the State of Ohio and the City, all as authorized in Article VIII, Section 13, of the Ohio Constitution; and WHEREAS, this Council finds that it is in the best interest of the City to provide those economic development incentives to induce BCCI to expand its operations and workforce within the City and to provide for the execution and delivery of that Economic Development Agreement with BCCI, NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Franklin, Union and Delaware Counties, Ohio, ~ of the elected members concurring that: Section 1. The Economic Development Agreement by and between the City and Buckeye Check Cashing, Inc., in the form presently on file with the Clerk of Council, providing for, among other things, the provision of incentives to BCCI in consideration for BCCI's agreement to expand its workforce within the City, is hereby approved and authorized with changes therein not inconsistent with this Ordinance and not substantially adverse to this City and which shall be approved by the City Manager and Director of Finance. Section 2. The City Manager and Director of Finance, for and in the name of this City, are hereby authorized to execute that Economic Development Agreement, provided further that the approval of changes thereto by those officials, and their character as not being substantially adverse to the City, shall be evidenced conclusively by their execution thereof. This Council further authorizes the City Manager and the . Director of Finance, for and in the name of the City, to execute any amendments to the Economic Development Agreement, which amendments are not inconsistent with this Ordinance and not substantially adverse to this City. Section 3. This Council further hereby authorizes and directs the City Manager, the Clerk of Council, the Director of Law, the Director of Finance, or other appropriate officers of the City to prepare and sign all agreements and instruments and to take any other actions as may be appropriate to implement this Ordinance. RECORD OF ORDINANCES Dayton Leeal Blank Inc. Form No. 30043 57-04 Page 220 Ordinance No. Passed 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 shall be in full force and effect on the earliest date permitted by law. Signed: Presiding Officer Attest: Clerk of Council Passed: 7 ' ~ , 2004 Effective: C~C~I~~i~ ~ , 2004 I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. De y Clerk of Council, Dublin, Ohio Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614-410-4400 • Fax: 614-410-4490 CITY OF DUBLIN Memo To: Members of the Dublin City Council From: Jane S. Brautigam, City Managei~'~,,~ 5 , d ~Wa~.. Date: August 11, 2004 Re: Ordinance No. 57-04 -Buckeye Check Cashing, Inc. Initiated by: Colleen M. Gilger, Interim Director of Economic Development~~'~ ~r\~' _ Summary: Ordinance No. 08-04 authorizes the execution of an Economic Development Agreement with Buckeye Check Cashing, Inc., for the purpose of encouraging the retention, relocation and expansion of their corporate operations within the City of Dublin. BCCI operates 125 check-cashing stores in six states and is headquartered in Dublin. BCCI's headquarters currently is located in leased office space at 5720 Avery Road, and their desire is to purchase/acquire and relocate to 7001 and 7003 Post Road (former Pharmacia campus). The attached Economic Development Agreement (the Agreement) will provide BCCI with a Relocation and Performance Incentive to retain the current 88 jobs and create an additional 159 new jobs. As Council is aware from previous correspondence regarding this project (see attached memos from August 4 and June 10), the City's proposed Relocation Incentive to BCCI totals $150,000 over 3 years. The City will award the incentive to BCCI in three annual payments of $75,000 in 2005, $50,000 in 2006 and $25,000 in 2007, assuming occupancy of its new facility occurs by the end of 2004. This financial incentive is structured to provide assistance with the acquisition and relocation into the new facility. This Agreement also provides for the repayment of a portion of the relocation incentive to the City if BCCI does not meet certain payroll withholding targets over afive-year period. The City also is proposing a Job Growth Incentive, and would offer to pay to BCCI an amount equal to its Actual Withholdings minus predetermined Target Withholdings, multiplied by an Incentive Factor (25 percent) for afive-year period not to exceed $500,000. This Job Growth Incentive would include a sixth extraordinary performance year if BCCI's total aggregate Actual Withholding for the calendar years 2005 through 2009, inclusive, equals or exceeds $1.4 million. The advantage of the City's proposed financial incentive is a direct benefit to BCCI and requires no involvement from the local school district, nor does it adversely impact the local school district. The Agreement does not contain any non-financial incentives. BCCI also received anine-year, 60 percent Job Creation Tax Credit from the State of Ohio (approved July 26, 2004) valued at $2 million. Staff continues to pursue retention and job growth within the community. Using incentives to retain companies like Buckeye Check Cashing, Inc. will result in additional income tax revenue. Recommendation: Staff recommends that City Council approve Ordinance No. 57-04 at its September 7, 2004 meeting. ECONOMIC DEVELOPMENT AGREEMENT THIS ECONOMIC DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into this day of , 2004, by and between the CITY of DtrBLIN, OHIO (the "City"), a municipal corporation duly organized and validly existing under the Constitution and the laws of the State of Ohio (the "State") and its Charter, and BUCKEYE CHECK CASHING, INC. and its related companies ("BCCI'), an Ohio corporation with its offices located in Dublin, Ohio, under the circumstances summarized in the following recitals. RECITALS: WHEREAS, consistent with its Economic Development Strategy approved by Dublin City Council Resolution No. 07-94 adopted on June 20, 1994, and the updated strategy approved by Dublin City Council Resolution No. 30-04 adopted on July 6, 2004, the City desires to encourage commercial office development and provide for the creation of employment opportunities within the City; and WHEREAS, based on the results of BCCI's recent comprehensive examination of workforce needs, and induced by and in reliance on the economic development incentives provided in this Agreement, BCCI is desirous of expanding its existing workforce within the City; and WHEREAS, pursuant to Ordinance No. 57-04 passed , 2004 (the "Ordinance"), the City has determined to offer economic development incentives described herein to induce BCCI to expand its workforce within the City to create jobs and employment opportunities and to improve the economic welfare of the people of the State of Ohio and the City, all as authorized in Article VIII, Section 13 of the Ohio Constitution; and WHEREAS, the City and BCCI have determined to enter into this Agreement to provide these incentives to induce that expansion by BCCI of its operations within the City; Now THEREFORE, the City and BCCI covenant, agree and obligate themselves as follows: Section 1. BCCI's Agreement to Expand Jobs. BCCI presently employs approximately 88 employees at its site located at 5720 Avery Road in the City. The aggregate annual payroll of those employees is approximately $3.96 million. In consideration of the economic development incentives to be provided by the City herein, BCCI agrees that it will relocate all of the employees described in this Section 1 to sites located at 7001 Post Road and 7003 Post Road in the City. BCCI further agrees to create 159 new jobs at the 7001 Post Road and 7003 Post Road locations no later than December 31, 2007. Section 2. City Agreement to Provide Incentives. (a) General. In consideration for BCCI's agreement to expand its workforce and associated payroll within the City, the City agrees to provide economic development incentives to BCCI in accordance with this Section. (b) Relocation Incentive. At the end of the first quarter in the year following BCCI's relocation of its approximately 88 employees to the 7001 Post Road and 7003 Post Road locations, the City shall pay to BCCI, solely from nontax revenues which are not derived from taxation ("Nontax Revenues"), an amount equal to One Hundred Fifty Thousand Dollars ($150,000), which amount will be payable in the three consecutive annual installments, in the amounts identified in the following table, which assumes that BCCI's relocation will occur by December 31, 2004. Relocation Year Incentive Payment Payment Date 1 $75,000 March 15, 2005 2 50,000 March 15, 2006 3 25,000 March 15, 2007 (c) Workforce Expansion Incentive. (i) Calculation of Actual Withholdings. On or before March 15 of each of the years 2006 through 2010, inclusive, the City shall determine whether the actual payroll withholding taxes collected during the preceding calendar year by the City from all Employees (the "Actual Withholdings") exceed the Target Withholdings for that preceding calendar year, all in accordance with the schedule set forth below. For purposes of this Section 2, "Employees" shall include all individuals employed by BCCI and working at a location within the City. BCCI agrees that, in accordance with the Dublin City Code, the annual payroll reconciliation relating to BCCI's Employees will be provided to the City prior to February 28 of each calendar year. (ii) Payments to BCCI. If the Actual Withholdings exceed the Target Withholdings for the preceding calendar year, the City shall, on or before April 15 of the then current calendar year, pay to BCCI, solely from non-tax revenues, an amount equal to the product of (A) an amount equal to the Actual Withholdings (net of refunds) minus the Target Withholdings, multiplied by (B) the Incentive Factor (as defined below). -2- (iii) Withholdings and Incentive Payments. With respect to the Actual Withholdings collected during each of the calendar years 2005 through 2009, inclusive, the Incentive Factor shall be twenty-five percent (25%). The Target Withholdings for each of those calendar years shall be: Calendar Year Target Withholdings 2005 81,180 2006 83,210 2007 85,310 2008 87,442 2009 89,629 *2010 91,869 *Provisional sixth year payable pursuant to Section 2(d) herein. The payments provided for in this Section 2 shall be made by the City to BCCI by electronic funds transfer or by such other manner as is mutually agreed to by the City and BCCI. In no event shall the aggregate amount of payments made by the City to BCCI pursuant to this section 2(c) during the term of this Agreement exceed Five Hundred Thousand Dollars ($500,000). (d) Additional Incentive Payment. The City further agrees that if BCCI's total aggregate Actual Withholdings for the calendar years 2005 through 2009, inclusive (the "Five Year Actual Withholdings"), exceeds $1,400,000, then the City shall make an Incentive Payment pursuant to Section 2(c) for an additional sixth year. The additional sixth year payment shall be calculated and payable in the same manner as provided for in Section 2(c). The City acknowledges and agrees to make that payment for the additional sixth year, if required by this Section 2(d), to BCCI no later than April 15, 2011 by electronic funds transfer or by such other manner as is mutually agreed to by the City and BCCI. (e) Forfeiture of Relocation Incentive Payment. BCCI agrees and acknowledges that the incentive payments provided for in Section 2(b) are being made by the City to BCCI in consideration for BCCI's agreement to relocate and expand its workforce within the City. BCCI further agrees that if the Five Year Actual Withholdings does not equal or exceed $1,025,000, then BCCI shall pay to the City an amount equal to the lesser of (i) $1,025,000 minus the Five Year Actual Withholdings, or (ii) the sum of all payments made by the City to BCCI pursuant to Section 2(b). BCCI acknowledges and agrees to make that payment, if required by this Section 2(e), to the City no later than April 15, 2010 and in such manner as is acceptable to the City. (f) City's Obliszation to Make Payments Not Debt• Payments Limited to Non-tax Revenues. Notwithstanding anything to the contrary herein, the obligations of the City pursuant to this Agreement shall not be a general obligation debt or bonded indebtedness, or a pledge of the general credit or taxes levied by the City, and Buckeye shall have no right to have excises or taxes levied by the City, the State or any other political subdivision of the State for the performance of any obligations of the City herein. Consistent with Section 13 of Article VIII, Ohio Constitution, any payments or advances required to be made by the City pursuant to this Section 2 shall be payable solely from the City's non-tax revenues. Further, since Ohio law limits the City to appropriating monies for such expenditures only on an annual basis, the -3- obligation of the City to make payments pursuant to this Section 2 shall be subject to annual appropriations by the City Council and certification by the Director of Finance of the City as to the availability of such non-tax revenues. (g) Applicable Cit~yroll Tax Rate. For purposes of calculating the Actual Withholdings in each calendar year under this Section 2, the City's payroll tax rate shall be assumed to be two percent (2%). Section 3. Miscellaneous. _ (a) Notices. Except as otherwise specifically set forth in this Agreement, all notices, demands, requests, consents or approvals given, required or permitted to be given hereunder shall be in writing and shall be deemed sufficiently given if actually received or ifhand-delivered or sent by recognized, overnight delivery service or by certified mail, postage prepaid and return receipt requested, addressed to the other party at the address set forth in this Agreement or any addendum to or counterpart of this Agreement, or to such other address as the recipient shall have previously notified the sender of in writing, and shall be deemed received upon actual receipt, unless sent by certified mail, in which event such notice shall be deemed to have been received when the return receipt is signed or refused. For purposes of this agreement, notices shall be addressed to: (i) The City at: City of Dublin, Ohio 5800 Shier Rings Road Dublin, Ohio 43016-7295 Attention: Economic Development Director (ii) Buckeye at: Buckeye Check Cashing, Inc. 5720 Avery Road Dublin, Ohio 43016 Attention: Scott Arnold The parties, by notice given hereunder, may designate any further or different addresses to which subsequent notices; certificates, requests or other communications shall be sent. (b) Extent of Provisions; No Personal Liability. All rights, remedies, representations, warranties, covenants, agreements and obligations of the City under this Agreement shall be effective to the extent authorized and permitted by applicable law. No representation, warranty, covenant, agreement, obligation or stipulation contained in this Agreement shall be deemed to constitute a representation, warranty, covenant, agreement, obligation or stipulation of any present or future trustee, member, officer, agent or employee of the City or BCCI in other than his or her official capacity. No official executing or approving the City's or BCCI's participation in this Agreement shall be liable personally under this Agreement or be subject to any personal liability or accountability by reason of the issuance thereof. -4- (c) Successors. This Agreement shall be binding upon and inure to the benefit of BCCI and its successors and assigns. (d) Recitals. The City and BCCI acknowledge and agree that the facts and circumstances as described in the Recitals hereto are an integral part of this Agreement and as such are incorporated herein by reference. (e) Amendments. This Agreement may only be amended by written instrument executed by the City and BCCI. (f) Executed Counterparts. This Agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same agreement. It shall not be necessary in proving this Agreement to produce or account for more than one of those counterparts. (g) Severability. In case any section or provision of this Agreement, or any covenant, agreement, obligation or action, or part thereof, made, assumed, entered into or taken, or any application thereof, is held to be illegal or invalid for any reason, (i) that illegality or invalidity shall not affect the remainder hereof or thereof, any other section or provision hereof, or any other covenant, agreement, obligation or action, or part thereof, made, assumed, entered into or taken, all of which shall be construed and enforced as if the illegal or invalid portion were not contained herein or therein, (ii) the illegality or invalidity of any application hereof or thereof shall not affect any legal and valid application hereof or thereof, and (iii) each section, provision, covenant, agreement, obligation or action, or part thereof, shall be deemed to be effective, operative, made, assumed, entered into or taken in the manner and to the full extent permitted by law. (h) Captions. The captions and headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement. (i) Governing Law and Choice of Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio or applicable federal law. All claims, counterclaims, disputes and other matters in question between the City, its agents and employees, and BCCI, its employees and agents, arising out of or relating to this Agreement or its breach will be decided in a court of competent jurisdiction within Franklin County, Ohio. (j) Survival of Representations and Warranties. All representations and warranties of BCCI and the City in this Agreement shall survive the execution and delivery of this Agreement. (Signature Pages to Follow) -5- Itv WITNESS WHEREOF, the City and BCCI have caused this Agreement to be executed in their respective names by their duly authorized representatives, all as of the date first written above. CITY OF DUBLIN, OHIO By: Printed: Jane Brautig_am Title: City Manager By: Printed: Marsha I. Grigsby Title: Director of Finance Approved as to Form: By: Printed: Stephen J. Smith Title: Director of Law BUCKEYE CHECK CASHING, INC. By: Printed: Title: -6- FISCAL OFFICER'S CERTIFICATE The undersigned, Director of Finance of the City under the foregoing Agreement, certifies hereby that the moneys required to meet the obligations of the City during the year 2004 under the foregoing Agreement have been appropriated lawfully for that purpose, and are in the Treasury of the City or in the process of collection to the credit of an appropriate fund, free from any previous encumbrances. This Certificate is given in compliance with Sections 5705.41 and 5705.44, Ohio Revised Code. Dated: , 2004 Marsha I. Grigsby Deputy City Manager/Director ofFinance City of Dublin, Ohio -7- Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614-410-4400 • Fax: 614-410-4490 CITY OF DUBLIN Memo To: Members of the Dublin City Council From: Jane S. Brautigam, City Manager Date: August 4, 2004 Re: Economic Development Agreement -Buckeye Check Cashing, Inc. Initiated by: Colleen M. Gilger, Interim Director of Economic Development ~ ~1~ Summary: Attached for your review is a draft Economic Development Agreement with Buckeye Check Cashing, Inc. (BCCI), for the purpose of encouraging the retention, relocation and expansion of their corporate operations within the City of Dublin. BCCI operates 125 check-cashing stores in six states and is headquartered in Dublin. BCCI's headquarters currently is located in leased office space at 5720 Avery Road, and their desire is to purchase/acquire and relocate to 7001 and 7003 Post Road (former Pharmacia campus). The attached Economic Development Agreement (the Agreement) will provide BCCI with a Relocation and Performance Incentive to retain the current 88 jobs and create an additional 159 new jobs. The City's proposed Relocation Incentive to BCCI totals $150,000 over 3 years. The City will award the incentive to BCCI in three annual payments of $75,000 in 2005, $50,000 in 2006 and $25,000 in 2007, assuming occupancy of its new facility occurs by the end of 2004. This financial incentive is structured to provide assistance with the acquisition and relocation into the new facility. This Agreement also provides for the repayment of a portion of the relocation incentive to the City if BCCI does not meet certain payroll withholding targets over afive-year period. The City also is proposing a Job Growth Incentive, and would offer to pay to BCCI an amount equal to its Actual Withholdings minus predetermined Target Withholdings, multiplied by an Incentive Factor (25 percent) for afive-year period not to exceed $500,000. This Job Growth Incentive would include a sixth extraordinary performance year if BCCI's total aggregate Actual Withholding for the calendar years 2005 through 2009, inclusive, equals or exceeds $1.4 million. The advantage of the City's proposed financial incentive is a direct benefit to BCCI and requires no involvement from the local school district, nor does it adversely impact the local school district. The Agreement does not contain any non-financial incentives. BCCI also received anine-year, 60 percent Job Creation Tax Credit from the State of Ohio (approved July 26, 2004) valued at $2 million. Recommendation Staff continues to pursue retention and job growth within the community. Using incentives to retain companies like Buckeye Check Cashing, Inc. will result in additional income tax revenue. Staff recommends that City Council review the attached draft agreement and direct comments and questions to staff. Staff plans to recommend to City Council the agreement's acceptance on September 7. 2004. COPY Division of Economic Development 5800 Shier-Rings Road, Dublin, Ohio 43016-1236 CITY OF DUBLIN phone: 614-410-4600, Fax: 614-761-6506 Memo To: Members of Dublin City Council From: Jane S. Brautigam, City Manager Date: June 10, 2004 Initiated By: Michael H. Stevens, Director of Economic Development Colleen M. Gilger, Economic Development Specialist Re: Economic Development Update Summary Economic Development Strategy Update Status: Attached, please find the final draft report of the Economic Development Strategy Update for your review. Curtiss Williams, the consultant for the Economic Development Strategy Update, will be attending the June 21, 2004 City Council meeting to present the final recommendations and report and answer your questions. "Company A"Relocation Project Status: Staff is working with a Dublin company considering the relocation of their corporate offices from outgrown leased spaced to owner-occupied space. Currently, the building(s) being considered for purchase has been vacant for several years. Staff is preparing a proposal to this company that would provide a relocation grant and a performance incentive to encourage the retention and expansion of the company within Dublin. The grant would provide a portion of the incentive upon the company taking occupancy of its facility and the remainder in 2 to 3 years. The agreement would include a section that would require the company to repay the initial grant payment if certain payroll targets are not met. The proposed relocation grant incentive is similar in nature the agreement the City made with C.C. Technologies, and offers the money that would be awarded up front. The performance incentive (a percentage of actual payroll withholdings) would be provided annually for afive-year window provided the company meets certain payroll targets. Staff is comfortable with this structure because the company is considering the purchase of a facility that would accommodate long-term growth in Dublin. "Company B" Expansion Project Status: Staff is working with a Dublin company considering an expansion of their existing facility and the addition of approximately 15 to 20 new employees. The company has inquired about the availability of City funds for financial assistance during their proposed growth. Staff is in the early draft stages of drafting an Economic Development Agreement. The City's proposed incentive would be for afive-year period, based upon a percentage of actual income tax withholdings revenue. The agreement also may provide afive-year, 50% municipal corporate income tax credit. The company also is seeking funds from the State of Ohio. Conclusion• Information•only. Staff strongly believes it is important to encourage job growth within our community and will continue to pursue innovative approaches to assist in local company retention and expansion. Staff will continue to keep City Council informed regarding the status of these projects. Pay-day lender looks to expand - 2404-08-02 -Business First of Columbus Page 1 of 2 Business First of Columbus -August 2, 2004 httpa/co_Iambus.biz~ournalscom_/columbus/stories/2004/.08!02/storv5,htm1 6C?LUA1lSU3 EXCLUSIVE REPORTS Pay-day lender looks to expand Brian R. Ball ~iu~siness ~i~st The operator of 125 check-cashing stores in six states may relocate and expand its Dublin headquarters into the former Adria Labs/Pharmacia complex on Post Road and Route 33. Business First has learned Buckeye Check Cashing Inc. has tentative plans to move its 93-member staff from leased offices on Avery Road to the Post Commerce Center at 7001-7003 Post Road. The company plans to create 159 jobs at its central offices during the next three years, according to plans revealed to the Ohio Tax Credit Authority. The state approved anine-year, 60 percent jobs tax credit July 26 as an enticement to cement the proposed relocation. The tax credit, valued at $2 million, is generated from personal income taxes from the new jobs. Company executives didn't return phone calls before press time. Established in 1987, Buckeye cashes checks and makes short-term personal loans through its CheckSmart stores. The authority said the company plans to move into 93,000 square feet, which it plans to buy for $5.5 million. Documents reveal the company also plans to spend $1.9 million to renovate the property, which most recently was the office for the now-defunct Sut~mitOrder.com. "It's definitely a company we wanted to stay and grow right here," said Colleen Gilger, Dublin's interim economic development director. As part of the tax credit, the authority requires the company remain at the Dublin site for at least 18 years. Gilger said the city plans to offer Buckeye incentives that could be sent to City Council as early as Aug. 16, with final consideration tentatively set for Sept. 7. Andrew Jameson and Greg Weber of Adena Realty Advisors had the 98,000-square-foot complex on the market since 2002. The two buildings and 13 acres were listed for sale at $8 million. About 4,300 square feet of the complex is leased to Opticon Medical. ~~~?0=t Am, eric~~n Cify Business ~~urnafs tnc. http://Columbus.bizjournals.com/Columbus/stories/2004/08/02/story5.html?t=printable 8/4/2004