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HomeMy WebLinkAboutOrdinance 054-18Davton Legal Blank. Inc. 54-18 Ordinance No. RECORD OF ORDINANCES Form No. 30043 Passed .20. ORDINANCE AUTHORIZING AND APPROVING AN ENERGY PROJECT COOPERATIVE AGREEMENT BY AND BETWEEN THE CITY OF DUBLIN, OHIO, THE COLUMBUS REGIONAL ENERGY SPECIAL IMPROVEMENT DISTRICT, OH15 DUBLIN LLC, AND THE COLUMBUS - FRANKLIN COUNTY FINANCE AUTHORITY, A SPECIAL ASSESSMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBLIN, OHIO, THE COUNTY TREASURER OF FRANKLIN COUNTY, OHIO, THE COLUMBUS -FRANKLIN COUNTY FINANCE AUTHORITY, THE COLUMBUS REGIONAL ENERGY SPECIAL IMPROVEMENT DISTRICT, AND OH15 DUBLIN LLC, AND RELATED AGREEMENTS, ALL OF WHICH PROVIDE FOR THE FINANCING OF SPECIAL ENERGY IMPROVEMENTS PROJECTS, AND DECLARING AN EMERGENCY WHEREAS, OH 15 Dublin LLC (together its affiliates or controlled entities, the "Owner") has submitted its Petition for Special Assessments for Special Energy Improvement Projects and Affidavit (the "Petition") in order to provide for the completion of a special energy improvement project on real property owned by the Owner in the City of Dublin, Ohio (the "City"); and WHEREAS, on `410 )� I�, 2018 this Council approved the Petition and added the Owner's property subject to th Petition to the Columbus Regional Energy Special Improvement District (the "District"); and WHEREAS, on ], 2018, this Council duly adopted a resolution declaring the necessity of acquirin , constructing, and improving certain public improvements in the City in cooperation with the District (the "Resolution of Necessity"); and WHEREAS, on v_], 2018, this Council passed Ordinance No. -18 determining to proceed with the Project (as defined in the Resolution of Necessity) and adopted the estimated Special Assessments filed with the Clerk of the Council pursuant to the Resolution of Necessity; and WHEREAS, pursuant to Ordinance No. -18 passed on 4.. 14 2018, the City has levied special assessments against the Property (as defined in the esolution of Necessity) to pay costs of the special energy improvement project (the "Special Assessments"); and WHEREAS, the City intends to enter into an Energy Project Cooperative Agreement (the "Energy Project Cooperative Agreement") with the District, the Owner, and the Columbus - Franklin County Finance Authority (the "Finance Authority") to provide for, among other things, (i) the making of the Project Advance (as defined in the Energy Project Cooperative Agreement) to pay costs of the Project, (ii) the disbursement of the Project Advance for the acquisition and construction of the Project and the transfer of the Special Assessments by the City to the Finance Authority to pay principal and interest and other costs relating to the Project Advance; and WHEREAS, to provide for the security for the Project Advance and for administration of payments on the Project Advance and related matters; the City intends to enter into the Special Assessment Agreement with the County Treasurer of Franklin County, Ohio, the Finance Authority, the District, and the Owner; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, r7 of the elected members concurring, that: Section 1. Each capitalized term or definition not otherwise defined in this Ordinance or by reference to another- document shall have the meaning assigned to it in the Resolution of Necessity. Section 2. This Council hereby approves the Energy Project Cooperative Agreement, a copy of which is on file in the office of the Clerk of Council. The City Manager shall sign and deliver, in the name and on behalf of the City, the Energy Project Cooperative Agreement, in substantially the form as is now on file with the Clerk of Council. The Energy Project Cooperative Agreement is approved, together- with any changes or amendments that are not inconsistent with this Ordinance and not substantially adverse to the City and that are approved by the City Manager on behalf of the City, all of which shall be conclusively evidenced by the Dayton Legal Blank, Inc. Ordinance No. 54-18 RECORD OF ORDINANCES Passed Form No. 30043 Page 2 of 3 20 signing of the Energy Project Cooperative Agreement or amendments to the Energy Project Cooperative Agreement. Section 3. This Council hereby approves the Special Assessment Agreement, a copy of which is on file in the office of the Clerk of Council. The City Manager shall sign and deliver, in the name and on behalf of the City, the Special Assessment Agreement, in substantially the form as is now on file with the Clerk of Council. The Special Assessment Agreement is approved, together with any changes or amendments that are not inconsistent with this Ordinance and not substantially adverse to the City and that are approved by the City Manager on behalf of the City, all of which shall be conclusively evidenced by the signing of the Special Assessment Agreement or amendments to the Special Assessment Agreement. Section 4. The City is hereby authorized to enter into such other agreements that are not inconsistent with the Resolution of Necessity and this Ordinance and that are approved by the City Manager on behalf of the City, all of which shall be conclusively evidenced by the signing of such agreements or any amendments to such agreements. Section 5. 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 and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements including Ohio Revised Code Section 121.22. Section 6. Under Section 4.04 of the Charter of the City, this Ordinance is an Ordinance for improvements petitioned for by owners of the requisite majority (100%) of the front footage or the area of the property benefited and to be assessed, and declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety, or welfare of the City and for the further reason that this Ordinance is required to be immediately effective in order to facilitate the construction of the Project; wherefore, this Ordinance shall be in full force and effect immediately upon its passage. [Signature Page Follows] Dayton Legal Blank, Inc. Ordi RECORD OF ORDINANCES fid_ 1 R rk of C ncil 0 1 Passed: [ /0 ], 2018 Effective: 10 ], 2018 Form No. 30043 Page 3 of 3 'assed .20 Dated: C4 1. 2018 ga The undersigned, Jennifer L Delgado Cross, of the City of Dublin, Ohio (the "City"), here -by certifies as follows.- -1 The following inctivictuals were officers of the City mid members of City Council during the period July 1, 2018 through the date of thi's Certificate: City Manager Dana McDaniel Finance Director Angel Mumma Director of Law Jennifer Readler Clerk of Council Anne Clarke Mayor Greg Peterson Vice Mayor Chris Amorose Groomes Member of Council Christina A. Alutto Member of Council Cathy De Rosa Member Deco Jane Fox Member of Council Michael Keenan. Member of Council John Reiner 2. Regular meetings of the Council of the City tire held at 7.-00 p.m.. on the second and fourth Monday of each month at City Hall, '5200 Emerald Park -way, Dublin, Ohio. 3. On or'bcfore August 13, 2018 and prior to the approval of Resolution'No. 36-18 mid Resolution No. 37-18, the following items were on file in the office of the Clerk of Council: (A) 'I"he Petition for Special Assessments tor Special Energy Improvement P r0i ects (the "Petition") and (B) Columbus Regional Energy Special Improvement DistrictProgra m Plan— Supplement to Plan for 525 Metro Place North, Dublin, Ohio (the "Plan."); 5. On or before September 10, 2018 and prior to the approval of (i) Ordinance No. 52- 18, (.1'1*) Ordinance No. 53-18, and (11*1) Ordinance No. 54-18, the following items were on file in the office of the City Clerk.- 6. pit hrespect to the proceedings pertaining to Resolution No. 36-18, Resolution No. 37-18, Ordinance No. 52-1.8, Ordinance No. 53-18, and Ordinance No. 54-18 (the "Assessment Proceedings"),,, (B) All requirements and procedures for giving notice and notiffication of the meetings referred to in paragraph (A) above were complied with and any person could have detennined, in advance of any such meeting, the time and place of any regular meeting and the time, place and purposes of any special meetingby contacting the offices of the City during regular business hours. oil By: Name: Jennifer L. I _SI gya-doCros!�., Title:AcfiWj ,(,- rk of Council. .e__ [signaturel-vage to General Certificate of City of Dublin, Ohio]