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Home My WebLink AboutOrdinance 040-19RECORD OF ORDINANCES BARRETT BROTHERS - DAYTON, OHIO Form 6220S 11 Ordinance No. 40-19 Passed 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 (5165 EMERALD PARKWAY, DUBLIN, OHIO PROJECT) WHEREAS, this Council (the ';Council") of the Ciof Dublin, Ohio (the "City") duly adopted Resolution No. -19 on August 2019(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 HVAC systems, building automation controls, LED lighting, 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. 3 9 --19 on August, 2019 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. 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 T ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected member 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 $1,921,598.06, including any and all architectural, engineering, legal, insurance, consulting, energy auditing, planning, acquisition, installation, construction, surveying, testing, and inspection costs; the amount of any damages resulting from the Project and the interest on such damages; the reasonable costs incurred in connection with the preparation, levy and collection of the special assessments; the cost of purchasing and otherwise acquiring any real estate or interests in real estate; reasonable expenses of legal services; costs of labor and material; trustee fees and other financing costs incurred in connection with the issuance, sale, and servicing of securities, nonprofit corporate obligations, or other reasonable obligations issued or incurred to provide a loan or to secure an advance of funds to the Owner or otherwise 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 or incurred, including any credit enhancement fees, trustee fees, program administration fees, financing servicing fees, and reasonable District administrative fees and expenses, which costs were set forth in the Petition and RECORD OF ORDINANCES BARRETT BROTHERS • DAYTON, OHIO Form 6220S Ordinance No. 49-19 Passed Page 2 of 4 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 5.81% until the Special Assessments shall have been fully paid, together with amounts i,9sed to pay administrativE! expenses, has been determined by the District to be substantially equivalent to the fair market rate that would have been borne by notes or bonds issued by the District 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 iii 2020 and shall continue through tax year 203Y for collection in 2038; provided, however, if the proceedings relating to the Special Assessments are completed at such time that the County Auditor of Franklin County, Ohio determii-ies that collections shall not commence in 2020, then the collection schedule may be deferred by one year. The annual installment of the Special Assess mcs.nts 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. All Special Assessments shall be certified by the Director of Finance to the County Auditor pursuant to the Petition and Ohio Revised Code Chapter 72Y.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 l_.ist 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 ownnr 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 F=inance to the County Auditor of Franklin County, Ohio as provided by the Petition and Ohio Revised Code Section Y2Y.3 to be placed by him or her on the ta>: 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 Cit -y 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. .'(n compliance with Ohio Revised Code Section 319.61, the Cleric of the Council is directed to deliver a certified copy of this ordinance to the County Am-lit:or of Franklin County, Ohio within )o days after its passage. RECORD OF ORDINANCES BARRETT BROTHERS - DAYTON, OHIO Form 6220S Ordinance No. 40-19 Passed Pace3 of 4 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 shall be in full force and effect immediately upon its passage. [Signature Page Follows] RECORD OF ORDINANCES BARRETT BROTHERS - DAYTON, OHIO Form 62205 LIST OF SPECIAL ASSESSMENTS AND SCHEDULE OF SPECIAL ASSESSMENTS I'J'S"F OF SPECIAl., ASSESS.MEN"FS Portion of Assessed Benefit and Amount of Properties Special Special Name D�Lscdatiqn Assessment Assessments 970 I-ligh Ridge 273-001687-00 1.00% $1,921. -,-)98.06 Associates f,.I,,C SCIIEDI.JLE OF SPE(,'/'IAI.-, ASSESSMENTS FOR FRANKLIN COUNTY PARCEL NOS.-. 273-001.687-00* The following schedule of Special Assessment charges shall be certified for collection in 38 semi-annual *Installments to be collected with first -hal -f and second. -half real property taxes in calendar years 2020 through 2038-, Special Special Assessment Assessment Payment at Amount*** January 31, 2020 $50!1568.37 July 31, 2020 $501�568.37 January 31, 2021 $50,568.37 $50,568.37 January 31, 2022 $50,14568,37 July 31, 2022 $50,568.37 January 3 1, , 2023 $50,568-37 July '31, 2023 $50�fir' 68.37 January 3L 2024 $50,568.37 Jut1 2 '' 3 024 $50�568.37 January 3 1 g 2_025`. $50568.37 , iuiy -i 1. 2025 $501568.37 January 31., 2026 $50568.37 JuLly 31, 2026 $50,568.37 :1 anu�.A. y 3 L '.2027 $501568.37 3 1. � 2 0 27 $50!�568.37 January 31, 2028 $ 5 0, -56 8. -3) 7 July 31, 2028 $50,568.37 January 31 2029 $50,568.37 July 31, 2029 $50i568.37 January 31, 2030 $50,568.37 31, 2030 Jan!�4�y 3j, 2031 $50,568. 37 Julv 3 1., 203 1, .n+.:.n....++».v $50. 5 6 . 3 7 January.31, 2032 --- "8� $50"�568.37 July3 )fjJ L 2032 $50,568.37 A.� Janua Aa Y 3 103 3 $50568.37 t�11312033 $501568.37 Janv 31, 2034 $50X568.37 July 31, 2034 $5Q,568...............r....v...,.v 37 - --- - -------- January 31., 2035 $50568.37 July 31, 20-35 $50,568.37 Janua�., 2036 $ 5 0, 5 6 8..3' 7 J'uly 31, 2036 $50,568.37 January 3 1, .2,037 V'50,568.37 July 3 1, 203 7 $50 *1 )68.37 January�� 1, 203 ) 8 $50,568.37 July 7 * As identified'in the recordsof the County Audi*tor of Franklin County, Ohio as of July 16,2019. ** Pursuant to Ohio Revised Code Chapter 323, the Special Assessment Payment Dates identified in this Schedule of Special Assessments are subject to aqjustment by the County Auditor of Franklin County, Ohio under certain conditions. *** The County Auditor of Franklin County, Ohio may impose a special assessment collection -f'be with respect to each semi-annual Special Assessment payment. If imposed, this special assessment collection fee will be added by the County Auditor of Franklin. County, Ohio to each semi -ann-tial Special Assessment payment. CERTIFICATE The . rs gned Clerk of Council, hereby cu es that the foregoing is a true cope f Ordinance No. .... u �;1, 9 duly passed by the Council. of the City of Dublin., Ohio on ASI .A-Ltp,u.s't A , 0 2019, and that a true copy of such Ordinance was ceftified to the County Auditor of Franklin. County, Offio within 20 days after its passage. If m.w..resew....»..y........+...�.u...�...ri-w.e-.».n..........+..�.....,w....+.,.....m.....�.M+..w.n....�..�..v.�...«w.w.........�.::°�-�.�.......�.•w..�nwwF...w�.«.....«.�+..-.+.J.+.....,...rv«vue.e..w......«..w�............�......m..aW....�..... Clerk of Council K'"".E.C-1.11PT OF COUNTY AUDITOR FOR LEGISt,NTION LEVYING SPECIAL ASSESSMEN rFS FOR, THE PURPOSE OF AV2Q RING, QQN.ST.R�,JC NG AND IMPROVING" CERTAW PUBLICIMPROVEMENTS TTIE CITY OF DUBLIN., )H'IQ.IN ATLON ITIJ rHE COLUMBUS REGIONAL ENERGY SPECIAt, IMPROWMENT DISJ"RICT L Michael Snziano, the d tiulv elected. qualified, and acting Auditor in and for Franklin 1,1'ounty, Ohio herebv certify that a certified copy of OrdinanceNo. -19., duly ion M1levvs passed by the Council. of the City of Dublin, ON o August A &� 9 ing pecial IV assessments for the purpose of acquiring, constructing, and improving certain public improvements in the City of Dublin, Ohio in cooperation. with the Columbus Regional. 1W Energy Special Improvement District, including the List of Special. Assessments and Schedule of Special Assessments, which Special Assessment charges shall be certified for collection in 38 semi-annual installments to be collected with first-half and second - half real. property taxes in calendar years 2020 through 203 8, was filed In this office on. WITNESS my handand official seal atColumbus, Ohio on. 2019. Auditor [SEAL] Franklin County, Ohio *rA% to Members of Dublin City Council From,% Dana McDaniel, City Manag Date,Aw 3uly 31, 2019 iniftiated By,* Donna Goss, Ph.D., Director of Development Colleen Gilger, CEcD, Director of Economic Development 3eremiah Gracia, CEcD, Economic Development Administrator Re,: Resolutions, Petition, and Ordinances for Property Assessed Clean Energy (PACE) Special Improvement for 5165 Emerald Parkway Background I The City has no financial obligations with the establishment of a Special Improvement District fo", this project. The City simplyserves as a pass-through entity for the project financing. I Staff recommends Council approve Resolution No. 43-19 and 44-19 on August 12,, 2019 and Ordinances No. 39-19 — 41-19 on August 26, 2019. Please contact Jeremiah Gracia with any questions. Memo re. PACE for 5165 Emerald Parkway July 31, 2019 Page 2 of 2 WHAT IS PACE? F -,ACE': is a Itok,,.la te wcijects PACE "fr-tanciAg Is rep•.A," .3-; af,, assicssrnent on tine Ptopeft.y-'s -at"te is or` oc.---ssed the same as ofl%,�et local public ene . :-viii-iii, bIll sc-imcts) Ips i -e L -,er Foi decades. - --p-er-dinq on local n"'n i -e uscd --ommercial. HOW DOES IT WORK? PACE is a national iritiative, b1jtp(.�rar-i_,,, arc cs,.-a bit si-ied I ocally and t3410fed to n*, cc"., fe-ional Sato legislation is passe Z# ttat 'authot, Izes rnunk c-%al't, t, --N esw.abfish PA, ---7 2-togr3�s, and local go-.,,crnMent_S havc d-evelopec a 0; pro4ram rnod6s, that ha,.,c beef, Successfully lrnplcrner�te-c. ;e....:,af I. -c -ss Df mli:ldel. them are several r- e s Tat hold true FACE program. • RACE is -j;-olun-.ary for ail parties RACE c -3r, ccoer 100% of a p(oj_-,ct's hoed ar J costs. Long fin aricing terms up to 20 icars. meati Lm -ibined with utility, local ari ieac,a i--ccnti,;c prc�qrari,r -air coi f • Energy projcc..- are permanently aff.xed to a prr-operty. • The RACE assessrt,.ent is flied with thelocal municipality as alier. favi tric propo_,r_%,. WHY IS IT SO POPULAR? P rnpr r. DAr;r the%,ft-1, t? -Ulf I ; -ri-pocket C S ro rl Ito Out j" costs ince PAC_ tE''inanciar4 ter -is extend d ,4o 20 years its r-ossI- ble to undertake cleep, corrprch,epst,ye retrofits that have meaningful energy, sa�fqings and a significarit Orcact r-jr) tie oottorn line. The annual enerq� sayings for a :�Ar,_E_ 0(oiect usualiv c-rcee,.-Js the annual assessment payment. so property o-wrefs are cas� 'lov; positilve immediately. That m-earis there are tha! can be spent on ottver capital projects, budgetary expenses, or business expansion Local governments love PACE because Ws an Economic Der.,iolopment initlative that lowers the cost of doing business in their community. It encourziTpe_.s ne-vo business owners to in*vast in the area, and creates jobs using the local workforce. RACE projects also hati,e a positive impact of air quality. creating healthier. rnot-0 livable neighborhoods. HOW CAN I GET PACE? ,,vwv.,.PACENatIon.us has all the tools and resources you need to get started with PACE. Check to sec if your state has passed a PACE statute. and if your area has ars active proc grarn. if not. contact us to find out it there is a local initiative in dc�.elopment, and we may be able to put you in touch with a workirva coalition. Wc- look forward to hearing from you! BENEFITS OF PACE PACENation