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HomeMy WebLinkAbout72-06 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No 72-06 Passed . 20 AN ORDINANCE AMENDING ORDINANCE NO. 107-97 PASSED AUGUST 11, 1997 TO SUPPLEMENT THE PUBLIC IMPROVEMENTS TO BE MADE TO BENEFIT THE PARCELS IDENTIFIED IN THAT ORDINANCE, REMOVING THE LIMIT ON THE AMOUNT DEPOSITED INTO THE FUND ESTABLISHED PURSUANT TO THAT ORDINANCE AND AUTHORIZING CERTAIN AMENDMENTS TO THE TIF AGREEMENT AUTHORIZED BY THAT ORDINANCE WHEREAS, pursuant to Ohio Revised Code Sections 5709.40, 5709.42 and 5709.43, this Council on August 11, 1997 passed Ordinance No. 107-97 (the "TIF Ordinance") thereby declaring improvements to a certain parcel of real property (as described 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 infrastructure improvements (as described in the TIF Ordinance and referred to therein as the "Infrastructure Improvements") to be made to benefit that parcel, providing for the making of service payments in lieu of taxes (the "Service Payments") by the owner thereof, providing for the distribution of the applicable portion of those Service Payments to the overlapping Dublin City School District and establishing a municipal public improvement tax increment equivalent fund (the "Fund") into which those Service Payments are to be deposited; and WHEREAS, the TIF Ordinance provides that the exemptions authorized therein will terminate upon the earlier of (i) thirty years from the date of passage of the TIF Ordinance or (ii) that number of years ending with the conclusion of the year in which the amount of Service Payments equals or exceeds $1,150,000; and WHEREAS, it is presently expected that the amount of Service Payments will exceed $1,150,000 in calendar year 2006; and WHEREAS, this Council desires to specify additional public infrastructure improvements benefiting the Property, remove the limit on the amount deposited into the Fund and authorize certain amendments to the TIF Agreement dated as of July 1, 1998 by and between this City and One Metro South Company (the "TIF Agreement"); 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 Cou cil of the City of Dublin, Delaware, Franklin and Union Counties, State of Ohio, ~_ of the elected members concurring, that: Section 1. Section 1 of the TIF Ordinance is hereby amended to remove the current $1,150,000 limit on the amount deposited into Fund as follows: "Section 1. Pursuant to and in accordance with the provisions of Ohio Revised Code Section 5709.40, this Council hereby finds and determines that 100% of the increase in true value of the Property subsequent to the effective date of this Ordinance (which increase in true value is hereinafter referred to as the "Improvement" as defined in Section 5709.40) is hereby declared to be a public purpose, and shall be exempt from taxation for a period commencing on the date of passage of this Ordinance and ending thirty (30) years from such date of passage; provided, however, that in no event shall such exemption extend beyond the date on which the City can no longer require semi-annual service payments in lieu of taxes under Section 5709.40 and 5709.42 of the Revised Code, all in accordance with the requirements of said Sections 5709.40 and 5709.42." RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 72-06 Passed Page ~o Section 2. The Infrastructure Improvements set forth in Exhibit B to the TIF Ordinance and to be made by the City shall also include improvements consisting of the development of a public park on land that was dedicated to the City for the purpose of creating a park that will serve the corporate residents in the Metro Center and Blazer Parkway commercial areas. These improvements shall include, but are not limited to, site work, landscaping, and equipment to create a picnic area and additional bikepath or walkways needed to provide access to the park. In addition to the park, the improvements include the installation of sidewalks and/or bikepaths and the installation of new street lights within the Metro Center. The Infrastructure Improvements set forth in Exhibit B to the TIF Ordinance and to be made by the City shall further also include improvements consisting of the burial of overhead utility lines along Franz Road between Metro Place North and Rings Road and all appurtenances thereto. All those improvements are hereby designated as those public infrastructure improvements that directly benefit, or that once made will directly benefit, the Property. Section 3. 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 execute and deliver any amendments to the TIF Agreement necessary to implement this Ordinance, which amendments or supplements may be in the form of a separate agreement and shall provide for the payment of further costs of the Infrastructure Improvements 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 4. 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 5. This Council finds and determines that all formal actions of this Council and any of its committees concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council or any of its committees and that all deliberations of this Council and any of its committees that resulted in those formal actions were in meetings open to the public in compliance with the law. Section 6. This Ordinance shall be in full force and effect on the earliest date permitted bylaw. y ~ ~~: Mayor -Presiding Officer Attest: Clerk of Council Passed: ~ p !/~i~JC/.~O , 2006 Effective: ~C~C~n/xr o~0 , 2006 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. uty Clerk of Council, Dublin, Ohio CITY 4F DLBLIN City Manager 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614-410-4400 • Fax: 614-410-4490 To: Members of Dublin City Council From: Jane S. Brautigam, City Managervo~-c~.5 'a Date: October 30, 2006 Initiated By: Marsha I. Grigsby, Director of Finance Memo Re: Ordinance No. 72-06, An Ordinance Amending Ordinance No. 107-97 To Supplement The Public Improvements Related To the Pizzuti TIF District SUMMARY: Ordinance No. 72-06 provides for an amendment to the existing legislation that established the Pizzuti TIF district. The Pizzuti TIF district was established in 1997 to provide a funding mechanism for the Frantz Road/Metro Place South intersection improvements that were completed in 1999 and the acquisition of real estate interests in stormwater improvements and features to preserve open space on the commercial project site. The City and the developer will be reimbursed at the end of 2006 for the public infrastructure improvements completed in accordance with the TIF agreement. The modifications proposed by Ordinance No. 72-06 provide for the addition of public improvements to be funded by service payments. As discussed at the capital improvement program workshops, the modifications would provide for the development of Smiley Park, including bike paths to access the park, and improvements in the Metro Center, including new street lights and the addition of sidewalks or bikepaths to improve pedestrian movement in the area, to be funded from the Pizzuti TIF. These additional improvements are estimated to cost $740,000. Based on current property tax values, these improvements would be reimbursed in approximately three (3) years. In addition to the public improvements previously discussed with City Council, staff is recommending the burial of overhead utility lines that remain on Frantz Road from Metro Place North to Rings road also be added to the improvements funded by the TIF district. We have recently requested from AEP a cost estimate to bury the utility lines and hope to have the estimate in the next month. The burial of these utility lines has been discussed for many years and including the project in the TIF will greatly improve the aesthetics of this important commercial area. As City Council is aware, the Pizzuti TIF is anon-school TIF. The Dublin School District (the School District) will receive service payments based on their total effective millage. Service payments are calculated the same as property taxes and will continue to be distributed to the School District at the same time that property tax revenues are distributed. Based on the current 2005 effective tax rates, the School District will receive annual service payments in the amount of approximately $382,900. It is important to emphasize the existing building property values are considered "exempt" for property tax purposes because they are in a TIF district and therefore are not reflected in the School District's assessed valuation. This is beneficial to the School District because as assessed valuation increases, the State school foundation aid payments made to the School District are decreased. As a result of the TIF Memorandum Ordinance No. 72-06 Page Two continuing, the School District will receive approximately $183,600 more in total revenue annually then they would have if the TIF was not extended. The other governmental jurisdictions in the TIF district are: Franklin County, the Joint Vocational School District, Washington Township and the City. These governmental entities have both inside (unvoted) and outside (voted) millage. The outside or voted millage is the result of operating levies approved by the voters. In Franklin County several agencies have operating levies. For those agencies, the extension of the TIF will result in the continued deferral of property tax revenue in the following estimated amounts: Children Services $37,000 ADAMH 14,700 MRDD 49,000 Metro Parks 4,500 Zoo 5,000 Office of Aging 6,500 It is important to keep in mind how these dollars compare to the overall tax revenue collected by these agencies. The total assessed valuation for all of the City's established TIF districts is $110.6 million less than one-half of one percent of Franklin County's total assessed valuation. Washington Township has several operating levies for fire and EMS service. The total additional revenue deferred for these levies is approximately $67,800. The inside millage impact is minimal to the entities. Outside of the School District, the city's impact is the highest at approximately $14,000. The required notice has been sent to the Dublin City School District and the Central Ohio Joint Vocational School District. We have discussed the modifications with a representative from The Pizzuti Companies. These additional improvements provide improvements to the Metro Center and the entire commercial corridor along Frantz Road. Continuing to make these types of improvements will help maintain the existing tax bases, both income tax and property tax, which benefit the governmental jurisdictions identified above. A copy of Ordinance No. 107-97 is attached for reference. RECOMMENDATION: Staff is recommending that adoption of Ordinance No. 72-06 at the November 20, 2006 City Council meeting. T:\2006\060-ORD-72-06 MEMO.doc (As Amended -- 8/ 11 /97) ORDINANCE NO. 107-97 AN ORDINANCE DECLARING IMPROVEMENTS TO A CERTAIN PARCEL OF REAL PROPERTY TO BE A PUBLIC PURPOSE, DESCRIBING THE PUBLIC INFRASTRUCTURE IMPROVEMENTS TO BE MADE TO BENEFIT THAT PARCEL, REQUIRING THE OWNERS THEREOF TO MAKE SERVICE PAYMENTS IN LIEU OF TAXES, AND ESTABLISHING A MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT EQUIVALENT FUND FOR THE DEPOSIT OF SUCH SERVICE PAYMENTS, AND DECLARING AN EMERGENCY. WHEREAS, Ohio Revised Code Sections 5709.40, 5709.42 and 5709.43 provide that this Council may declare improvements to a parcel of real property located in the City to be a public purpose, thereby exempting those improvements from real property taxation for a period of time, specify public infrastructure improvements to be made to benefit that parcel, provide for the making of service payments in lieu of taxes by the owner thereof, provide for the distribution of the applicable portion of those service payments to the overlapping Dublin City School District and establish a municipal public improvement tax increment equivalent fund into which such service payments shall be deposited; and WHEREAS, Pizzuti Develoment, Inc, has acquired certain real property located in the City, which property is described in Exhibit A hereto (the Property), and contemplates making or causing to be made improvements~to the Property, and this Council expects to make the public infrastructure improvements described in Exhibit B hereto, that once made would benefit the Property; and WHEREAS, the City has determined that it is necessary and appropriate and in the best interests of the City to provide for service payments in lieu of taxes with respect to the Property pursuant to Section 5709.42 of the Ohio Revised Code; and WHEREAS, this City Council finds and determines that notice of this proposed Ordinance has been delivered to all affected school districts in accordance with Section 5709.83 of the Ohio Revised Code and hereby ratifies the giving of that notice; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Franklin, Union and Delaware Counties, Ohio, that: Section 1. Pursuant to and in accordance with the provisions of Ohio Revised Code Section 5709.40, this Council hereby finds and determines that 100% of the increase in true value of the Property subsequent to the effective date of this Ordinance (which increase in true value is hereinafter referred to as the "Improvement" as defined in Section 5709.40) is hereby declared to be a public purpose, and shall be exempt from taxation for a period commencing on the date of passage of this Ordinance and ending with the earlier of (i) thirty (30) years from such date of passage or (ii) that number of years ending with the conclusion of the year in which the amount of service payments in lieu of taxes made pursuant to Section 3 of this Ordinance and deposited into the Pizzuti Metro Center Project Municipal Public Improvement Tax Increment Equivalent Fund (the Fund) established pursuant to Section 4 of this Ordinance equals or exceeds the one million one hundred fifty thousand dollars ($1,1.50,000) cost of Infrastructure Improvements to be paid from that Fund; provided, however, that in no event shall such exemption extend beyond the date on which the City can no longer require semi-annual service payments in lieu of taxes under Section 5709.40 and 5709.42 of the Revised Code, all in accordance with the requirements of said Sections 5709.40 and 5709.42. Section 2. The public infrastructure improvements set forth in Exhibit B hereto and to be made by the City are hereby designated as those public infrastructure improvements that directly benefit, or that once made will directly benefit, the Property .(the Infrastructure Improvements). Section 3. As provided in Section 5709.42 of the Revised Code, the owner of the Improvement is hereby required to, and shall make, service payments in lieu of taxes to the County Treasurer on or before the final dates for payment of real property taxes, applicable portions of which service payments shall be (i) distributed by the Franklin County Treasurer to the Dublin City School District, or (ii) deposited in the Pizzuti Metro Center Project Municipal Public Improvement Tax Increment Equivalent Fund established in Section 4 hereof, all pursuant to Ohio Revised Code Sections 5709.40 and 5709.42 and as provided in Section 4 of this Ordinance. The Tax Increment Financing Agreement between and among the City and Pizzuti Development, Inc, or an affiliated assignee for purposes of develcpi*~g the Property, in the form presently on file with the Clerk of Council, providing for, among other things, the payment of such service payments in lieu of taxes, 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. The City Manager and Director of Finance, for and in the name of this City, are hereby authorized to execute that 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 hereby authorizes and directs the City Manager, the Clerk of Council, the Director of Law, the Director of Finance, or other appropriate officers of tl~e City, to make such arrangements as are necessary and proper for collection from the owner of said service payments in lieu of taxes, Section 4. Pursuant to Ohio Revised Code Sections 5709.40 and 5709.42, the County Treasurer shall distribute to the Dublin City School District from those payments in lieu of taxes provided for in Section 3 of this Ordinance, and at the same time and in the same manner as real property tax payments, amounts equal to the amounts that School District would otherwise receive as real property tax payments derived from the Improvement absent the passage of this Ordinance. This Council hereby establishes pursuant to and in accordance with the provisions of Section 5709.43 of the Ohio Revised Code, the Pizzuti Metro Center Project Municipal Public Improvement Tax Increment Equivalent Fund (the Fund). The Fund shall be in custody of the City and shall receive from those payments in lieu of taxes all amounts not distributed to the Dublin City School District. Those annual service payments in lieu of taxes with respect to the Improvements on the Property, so deposited and distributed pursuant to law as provided in Section 5709.42 of the Ohio Revised Code, shall be used solely for the purposes authorized in Ohio Revised Code Sections 5709.40, 5709.42 and 5709.43. The Fund shall remain in existence so long as such service payments are collected and used for the aforesaid purposes, after which said Fund shall be dissolved in accordance with said Section 5709.43. Section 5. Pursuant to Section 5709.40 of the Ohio Revised Code, the Clerk of this 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. On or before March 31 of each year that the exemption set forth in Section 1 hereof remains in effect, the"-Clerk or other authorized officer of this City shall prepare and submit to the Director of the Department of Development of the State of Ohio the status report required under Section 5709.40(E) of the Ohio Revised Code. Section 6. 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 7. This Ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety or welfare of this City and for the further reason that this ordinance is required to be immediately effective in order to provide for the funding for the Infrastructure Improvements so that the Infrastructure Improvements may be constructed as quickly as possible, thereby enhancing traffic safety; wherefore, this ordinance shall be in full force and effect immediately upon its passage. Signed: esiding Officer Attest: C~/Y(~ ~-- ~~'~~~.~ Clerk of Council Passed: f , 1997 Effective: ~ , 1997 I herby certify thet cap+es of this Ordinanze%°~ were p:;s~a:i i:; ,fir City of Dubin in accordance w;t~ Section 731.25 of the 0'^.io Revi;e ~ Co,!w, ~}~CClerk Co il, Dubli Ohin -2- ~~ ~ ~~ ~L~D '' ~ 1 ..~, ~~ R a w I ~ .. Eii II I EXHIBIT A LEGAL DESCRIPTION OF PROPERTY The following real estate situated in the City of Dublin, County of Franklin and State of Ohio, as bounded and described as follows: `~ 'i~b ~ ,~I'/Y I RI SITE • LI -_ ~ IIR~D IV!: ,, , . R•1~ .-; ~ ~ _~ R ~~~PUD LI LI .,. . :,-~. ~;. ., CG UD C LACE p~.H '~~ y: ~, r ~7 a~ OLR . __ OLR ~ ~ 97-036FDP .~ ~ 'r`te'" Metro center r Pizzuti Development EXHIBIT B DESCRIPTION OF PUBLIC INFRASTRUCTURE IMPROVEMENTS The Public Infrastructure Improvements include the installation of traffic signalization and a turn lane at the intersection of Franz Road and Metro Place South, a median cut at the intersection of Millenium and Franz Road, and the acquisition by the City of real estate interests (including by easements) in storm water improvements and features and related open space on the Property, together with all necessary appurtenances.