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Home My WebLink AboutOrdinance 053-18RECORD OF ORDINANCES Dayton Legal Blank, Inc. Ordinance No. 53-18 Form No. 30043 Passed .20 AN ORDINANCE LEVYING SPECIAL ASSESSMENTS FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING, AND IMPROVING CERTAIN PUBLIC IMPROVEMENTS IN THE CITY OF DUBLIN, OHIO IN COOPERATION WITH THE COLUMBUS REGIONAL ENERGY SPECIAL IMPROVEMENT DISTRICT, AND DECLARING AN EMERGENCY WHEREAS, this Council (the "Council") of the City of Dublin, Ohio (the "City") duly adopted Resolution No 18 on ��tS� j _ ], 2018 (the "Resolution of Necessity") and declared the necessity of acquiring, constructing, improving and installing energy efficiency improvements on its real property, including, without limitation, high -efficiency LED lighting upgrades, a high -efficiency natural gas boiler, a high -efficiency replacement cooling tower, variable flow upgrades, MUA unit upgrades, elevator upgrades, tridium controls, and related improvements (the "Project"), as described in the Resolution of Necessity and as set forth in the Petition requesting those improvements; and WHEREAS, this Council duly passed Ordinance No. 18 on 14D�o s+ , 2018 and determined to proceed with the Project and adopted the estimated Special Assessments (as defined in the Resolution of Necessity) filed with the Clerk of Council and the Director of Finance pursuant to the Resolution of Necessity; and WHEREAS, the actual costs of the Project have been ascertained and have been certified to the City in the Petition and the Supplemental Plan for the Project; NOW THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, 'I of the elected members concurring, that: Section 1. Each capitalized term 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. The list of Special Assessments to be levied and assessed on the Property in an amount sufficient to pay the costs of the Project, which is $1,350,413.02, including other related financing costs incurred in connection with the issuance, sale, and servicing of securities, nonprofit corporate obligations, or other obligations issued to pay costs of the Project in anticipation of the receipt of the Special Assessments, capitalized interest on, and financing reserve funds for, such securities, nonprofit corporate obligations, or other obligations so issued, including any credit enhancement fees, trustee fees, and District administrative fees and expenses, which costs were set forth in the Petition and previously reported to this Council and are now on file in the offices of the Clerk of Council and the Director of Finance, is adopted and confirmed, and that the Special Assessments are levied and assessed on the Property. The interest portion of the Special Assessments, which shall accrue at the annual rate of 5.50%, together with amounts used to pay administrative expenses, has been determined by the Columbus -Franklin County Finance Authority (the "Authority") to be substantially equivalent to the fair market rate that would have been borne by notes or bonds been issued by the Authority, which Authority is working cooperatively with the District and the City to facilitate the financing of the costs of the Project. The Special Assessments are assessed against the Property commencing in tax year 2019 for collection in 2020 and shall continue through tax year 2029 for collection in 2030; provided, however, if the proceedings relating to the Special Assessments are completed at such time that the County Auditor of Franklin County, Ohio determines that collections shall not commence in 2020, then the collection schedule may be deferred by one year. The annual installment of the Special Assessments shall be collected in each calendar year equal to a maximum annual amount of Special Assessments as shown in Exhibit A, attached hereto and incorporated into this Ordinance. Dayton Legal Blank, Inc. Ordinance No. 53-18 RECORD OF ORDINANCES - - -- Form No. 30043 - Passed Page 2 of 4 20 All Special Assessments shall be certified by the Director of Finance to the County Auditor pursuant to the Petition and Ohio Revised Code Chapter 727.33 to be placed on the tax list and duplicate and collected with and in the same manner as real property taxes are collected and as set forth in the Petition. The Special Assessments shall be allocated among the parcels constituting the Property as set forth in the Petition and the List of Special Assessments attached hereto and incorporated into this Ordinance as Exhibit A. Section 3. This Council finds and determines that the Special Assessments are in proportion to the special benefits received by the Property as set forth in the Petition and are not in excess of any applicable statutory limitation. Section 4. The Owner has waived its right to pay the Special Assessments in cash, and all Special Assessments and installments of the Special Assessments shall be certified by the Director of Finance to the County Auditor of Franklin County, Ohio as provided by the Petition and Ohio Revised Code Section 727.33 to be placed by him or her on the tax list and duplicate and collected with and in the same manner as real property taxes are collected and as set forth in the Petition. Section 5. The Special Assessments will be used by the City to pay the cost of the Project in cooperation with the District in any manner, including assigning the Special Assessments actually received by the City to the District or to another party the City deems appropriate, and the Special Assessments are appropriated for such purposes. Section 6. The Director of Finance shall keep the Special Assessments on file in the office of the Director of Finance. Section 7. In compliance with Ohio Revised Code Section 319.61, the Clerk of the Council is directed to deliver a certified copy of this Ordinance to the County Auditor of Franklin County, Ohio within 20 days after its passage. Section 8. 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 9. 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. On RECORD OF ORDINANCES C,Vk of C(Yuncil Passed: [ �� ], 2018 Effective: C) ], 2018 Form No. 30043 Page 3 of 4 'd , 20 Ordinance 53-18 ---- EXHIBITA 01-115 Dublin LLC LIST OF SPECIAL ASSESSMENTS AND SCHEDULE OF SPECIAL ASSESSMENTS LIST OF SPECIA1, ASSESSMENTS Portion of Assessed Benefit and Amount of Properties Special Special D c r �it i Q_ Assessment Assessments 27-3-001343-00 100% $1,350,413.02 0 Ordinance 53-18 EXHIBIT" A SCHEDULE OF SPECIAL ASSES SMEN-l"S FOR FRANKLIN COUNTY PARCEL NOS.: 273-001,343-00* T'he -following schedule of Special Assessment charges shall be certified for collection in 22 sei-ai-annual installments to be collected with first-half and second -half real property taxes in calendar years 2W.20 through 2030: ec'a.1 Assessment Special. Assessment Pavment Date" y I Januar20 02 Installment Amount*** $61 13 821 .4 Y I .Ju I ty 13 1, 20020 61,382.41 January 31, 2021, -I 6 1 1113 82.4 1. r_J1 lu- 31, 2021 61 t3 82.4 1, January 31, 2022 61,382.41 . J �It 31, 202.2 61 �3 82A1 _. µ 4. January 31, 20231 61.382.41, Ju r 3 1!1 2023 61,382.41 Jartuary 31, 2024 6 1.3 82.4 1, Duly 31, 2024 6 1,3 82.41 Janu 31, 2025 61,382.41. �y 31, 2015 61382.41 Jany:+ y__31, 20]2�6 61,382.41 July 6 1!3 82.41 January 31, 2027 6 1,3 82.41 Jiyly - 1, 20'27 6 1,3 82.41 Janu,,ary 31, 20,28 8 2.41. y 3 1 '1028 jj�j, la 61 382.41 Jan��4�y 31. 20"29 July 3 1, 2029 6 111 3 82.4 1, I Ju 31, 2030 61 �3 82.41 * As identified in the records of the County Auditor of Franklin County, Ohio as of June 20 2018. Pursuant to Ohio Revised Code Chapter 323, the Special Assessment Payment Dates identified in this Schedule of Special. Assessments are sut to adjustment by the County 0 Auditor of Franklin County, Ohio under certain conditions. *** "rhe County Auditor of Frankh n.County,, Ohio niay impose a special. assessment collection fee with respect to eacb. semi-annual Special Assessment payment. If imposed, Ordinance 53-18 -- EXHIBI'r A 4 this special assessment collection fee wil.], be added by the County Auditor of Frankfin County, Ohio to each, sen-ii-antival Special Assessment, ayment. P CERTIFICATE TundersignedDublin, ON dinance No.� Clerk f Council ertz � s : t foregoing t copy 8 Orrt, . duly adopted by the Council of the City ofo on w �.. 2018, and that a tree copy of such Ordinance was certified . to the County Auditor of Franklin Cunt r io within 0 days afar its passage. tn CI "v (of Dublin, Ohio .Y t 111ZE.C.E.I.PTOF COUNTY AUDITOR FOR LA F"GIS.LA"TION LEVYING SPECIAL Assess ME--,NT`S FOIZ. TFIE PIJRPOSE OF A(:.Qt Ij R.IN GC.(.�.NS.- �TRt LjCa,,-'LN Ga AND IMPROVENG"CERTAIN PUBLIC IMPROVEMENTS ON WITH M TTIE CITY 01"' DUB I `41N. 01110 IN COOPERATI 'rtlE COLUMBUS REGIONAL ENERGY SPECIAL IMPROVEMEM"' DISTRICT A Clarence E. Mingo 11, the duly elected, qualified, and acting Auditor ]in and for Franklin County, Ohio hereby certil-V that a certified copy of Ordinance No. -18 duly adopted by the Council of the City of Dublin, Ohio onig pecial sthe asessments for ___], 201.8 levy* ns purpose of acquiring,, constructing, and in�proving certain public improvements in the City of DubI 'inn Ohio in cooperation. with the Columbus Regional Energy Special Iniprovement District., including .1 the List of Special Assessments and, Schedule of Special Assessments, which Special Assessment charges shall be certified for collection in 22 semi-annual installments to be collected with first- half and second -half real property taxes in calendar years 2020 through. 2030, was filed in this office on ,2018. :°..: WES my hand and official seal. at Columbus, Ohio on 2018. Auditor [SEAL] Franklin County,, Ohio