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HomeMy WebLinkAboutOrdinance 074-17RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 74-17 Passed , 20 AN ORDINANCE TO AUTHORIZE THE ESTABLISHMENT OF THE PROPERTY ASSESSED CLEAN ENERGY AGENCY FUND WHEREAS, Section 5705.12 of the Ohio Revised Code grants permission to the taxing authority of a subdivision to establish special funds; and WHEREAS, the City wishes to establish an agency fund to facilitate the collection of special assessments for energy improvement projects; and WHEREAS, the City has entered into its first Energy Project Cooperative Agreement with the Columbus Regional Energy Special Improvement District, the Columbus -Franklin County Finance Authority, and Frantz Investments, LLC, which provides financing to Frantz Investments, I_LC, for an energy improvement project through a special assessment loan from the Columbus -Franklin County Finance Authority to Frantz Investments, LLC; and WHEREAS, Dublin City Council passed Ordinance 61-17 authorizing the City of Dublin to levy special assessments against the property owned by Frantz Investments, LLC, located at 5500 Frantz Road to provide funding to repay the special assessments loan; and WHEREAS, the financial obligation of the City is limited to submitting the special assessments collected by the Franklin County Auditor to the Columbus -Franklin County Finance Authority; and WHEREAS, the special assessments loan does not constitute a debt obligation or pledge of the City of Dublin's faith and credit or taxing power; and WHEREAS, generally accepted accounting practices (GAAP) directs that special assessment debt for which the City is not obligated in any manner (no commitment special assessment debt) be reported in an agency fund. NOW, TREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of its elected members concurring, that: Section 1. There be established a Property Assessed Clean Energy Fund, an agency fund. Section 2. Special assessments collected on behalf of the Columbus -Franklin County Finance Authority as stipulated in the Energy Project Cooperative Agreement, as well as any future special assessments collected for energy improvement projects, be receipted into the Property Assessed Clean Energy Fund. Section 3. Special assessments received into the fund be paid as required by the pertinent Energy Project Cooperative Agreement. Section 4. This ordinance shall take effect and be in force in accordance with Section 4.04) of the Revise,07Charter. Peed this 14 day of 6 U f'�VY\.�U , 2017. ayor - Prosiding Officer tTTEST-. L� Clerk of Council ` j Office of the City Manager 5200 Emerald Parkwayo Dublin OH 43017-1090 itv of Dublin Phone: 614-410-4400,o6114-410-4490 Cit '411j To: Members of Dublin City Council From: Dana L. McDaniel, City Date: October 19, 2017 IniUated By: Angel L. Mumma, Director of Financd Jerry O'Brien, Chief Accountant U." Ke: Ordinance No. 74 -17 - Authorizing the Establishment of the Propel Ll' Assessed Clean Energy (PACE) Agency Fund Since the City is not responsible for repaying the loan with any source of revenues other than the special assessments and is not responsible for assuming the debt in the event of default, the loan is considered no commitment special assessment debt of the City. The guidance provided by the Governmental Accounting Standards Board (GASB) for this type of debt states that,., The debt service transactions of a special assessment issue for which the government is not obligated in any manner should be reported In an agency fund rather than a debt service fund, to reflect the fact that the government�; duties are limited to acting as an agent for the assessed property owners and the bondholders. * I Therefore, an agency fund is needed to account for the'recelpt and payment of the special assessments. Moreover, should the City enter into additional agreements that constitute n* Memo re. Ordinance 74-17 — Authorizing the Establishment of the Property Assessed Clean Energy (PACE) Agency Fund October 19, 2017 Page 2 of 2 I commitment special assessment debt, it would be appropriate to account for those future debl- issuances in the fund. Staff recommends approval of Ordinance 74-17 at the second reading/public hearing scheduled on November 6, 20174