HomeMy WebLinkAboutOrdinance 048-20BARRETT BROTHERS - DAYTON, OHIO
Ordinance No. —
RECORD OF ORDINANCES
48-20 (AMENDED)
Passed ,
AN ORDINANCE DETERMINING TO PROCEED WITH
THE ACQUISITION, CONSTRUCTION, AND
IMPROVEMEKT OF CERTAIN PUBLIC
IMPROVEMENTS IN THE CITY OF DUBLIN, OHIO IN
COOPERATION WITH THE COLUMBUS REGIONAL
ENERGY SPECIAL IMPROVEMENT DISTRICT (600
METRO PLACE NORTH, DUBLIN, OHIO PROJECT)
WHEREAS, the Council ("CouncH") of the city of Dublin, Ohio (the "City') duly
adopted Resolution No. 68-20 on November 16, 2020 (the "Resolution of
Necessity"), (i) declaring the necessity of acquiring, constructing, improving,
and installing energy efficiency improvements including, without limitation,
building envelope improvements, LED lighting, H\IAC system improvements,
plumbing fixtures, and related improvements (the "Project," as more fully
described in the Petition referenced ir� this Ordinance) located on real property
ownE�d by Dublin Witness, LLC (the "Owner") and identified by the County
Auditor of 6 :ran1din County, Ohio as Parcel Nurnbers Z/3-001311-00 and 2/3r
0M704 00 wi lfi i n the City (the, "Property", as more fully described in i -)(hi bit A
to th(� Petition); (ii) providing for the acquisition, construction, and improvement
of the Project by the Owner, as set forth in the Owner's Pe ir;lon for Spec%7il
Assessments for Special Energy Itnpro vement Projects and Affidavit (the
"Petition"), including by levying and collecting special assessments to be
asse.,sed upon the Property (the "Special Assessments") in an amount sufficient;
to pay the costs of the Project, which is estimated to be $8f/3)_f416.80J
including ether related costs of financing the Project, which may include,
without limitation, the payment of principal of and interest on nonprofit
corporate obligations issued to pay the costs of the Project and other interest,
financing, credit enhancement, and issuance expenses and ongoing trustee fees
and Columbus Regional Energy Special Improvement District ("Districts')
administrative fees and expenses® and (iii) determining that the Project will be,
treated as a special energy improvement project to be undertaken cooperatively
by the City and the District, and
WHEREAS, the claims for damages alleged to result from, and objections to,
the Project have been waived by one hundred percent (1-00%) of the Owners,
and following notice of the adoption of the Resolution of Necessity which was
personally delivered by the Clerk of Council to the Owner on November -1.8,
2020, no claims for damages alleged to result from, or objections to, the Project
have been filed witNn the times prescribed by sections '12Y.16 and Y2 V.18 of
the Ohio Revised Code,
NOW, THEREFORE,
State of Ohio,
thata.
BE IT ORDAINED by the Council of the City of Dublin,
of the elected members concurring
Section 1. (ach capitalized term not otherwise defined in this Ordinance or
by reference to another document shall have the meaning assigned to it in the
Petition
Section 2. This Council declares that its intention is to proceed or to
coope...rate with the District to proceed with the acquisition, construction, and
improvement of the Project described in the Petition and the Resolution of
Necessity. The project shall be made in accordance with the provisions of the
Resolution of Necessity and with the plans, specifications, profiles, an
Frirm ADWM
RECORD OF ORDINANCES
BARRETT BROTHERS - DAYTON, OHIO Form 6220S
48-20
Ordinance No. Passed
Page 2 of 3
estimates of cost previously approved and now on file with the Director of
Finance and the Clerk of Council.
Section 3. The Special Assessments to pay costs of the Project, which are
estimated to be $8,732,416.80, 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; an amount to reflect interest on unpaid Special Assessments which
shall be treated as part of the cost of the Project for which the Special
Assessments are made at an interest rate which shall be determined by the
District to be substantially equivalent to the fair market rate that would have
been borne by notes or bonds if notes or bonds had been issued by the District
or another issuer of notes or bonds to pay the costs of the Project; together
with all other necessary expenditures, shall be assessed against the Property in
the manner and in the number of semi-annual installments provided in the
Petition and the Resolution of Necessity. Each semi-annual Special Assessment
payment represents the payment of a portion of any principal repayment and
interest and administrative fees payable with respect to the Project. The Special
Assessments shall be assessed against the Property commencing in tax year
2021 for collection in 2022 and shall continue through tax year 2044 for
col leiftion in 2045; 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 2022, then the
collection schedule may be deferred by one year. In addition to the Special
Assessments, the County Auditor of Franklin County, Ohio may impose a special
assessment collection fee with respect to each semi-annual payment, which
amount, if imposed, will be added to the Special Assessments by the County
Auditor of Franklin County, Ohio.
Section 4. The estimated Special Assessments for costs of the Project
prepared and filed in the office of the Clerk of Council and in the office of the
Director of Finance, in accordance with the Resolution of Necessity, are
adopted.
Section 5. In compliance with Ohio Revised Code Section 319.61, the Clerk
of Council is directed to deliver a certified copy of this Ordinance to the County
Auditor of Franklin County, Ohio within 15 days after the date of its passage.
Section 6. All contracts for the construction of the Project will be let in
accordance with the Petition, the Program Plan, and the Supplemental Plan, and
the costs of the Project shall be financed as provided in the Resolution of
Necessity.
RECORD OF ORDINANCES
BARRETT BROTHERS - DAYTON, OHIO Form 6220S
Ordinance No. 48-20 Passed Page 3 of 3
,
Section 7. Council finds and determines that all formal actions of this Council
eoncinrning 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 comr itlees that resulted in such formal action, were in meetings open to
the public, in compliance with all legal requirements including Ohio Revised
Code Secdon 121.22.
Section 8. Under Section 4.04 of the charter of the City, ;his ordinance is an
Ordinance for improvements petitioned for by owners of the requisite majority
(10011%) 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.
�e
Passed this 21211- day of ICU , 20 .,
C�
Mayor — Presiding Officer
ATTEST:
r�
- �-L -
Cleof Cou it (AC-li(1g)
The unde" d Clerk of Council hereby certifies that the foregoing is a true copy of
Ordinance No. 7.20 duly passed by the Councifl of the City of Dubfin, Ohio on
1-111" i
1 -p b 2021, and that a true copy of such Ordinance was certiffied to the County Auditor
of Frank] I*A County, Ohio within 15 days after its passage.
C re. rk.. Io ft- - h-- e- uncil i
'o
C.I*t' f Dub in.
Ohio
RECEIPT OF COUNTY AUDITOR FOR
LEGISLATION DETERMINING TO
PROCEED WITH ACQUISITION, CONSTRUCTION,
AND IMPROVEMENT OF CERTAIN PUBLIC
IMPROVEMENTS IN THE CITY OF DUBLIN, OHIO
IN COOPERATION WITH THE COLUMBUS REGIONAL
ENERGY SPECIAL IMPROVEMENT DISTRICT
I, Michael Stinziano, the duly elected, qualified, and acting Auditor in and for
Franklin County, Ohio hereby certify that a certified copy of Ordinance No. 48-20 duly
passed by the Council of the City of Dublin, Ohio on February 22, 2021, determining to
proceed with the acquisition, construction, and improvement of certain public
improvements in the City of Dublin, Ohio in cooperation with the Columbus Regional
Energy Special Improvement District, was filed in this office on February 26, 2021.
WITNESS my hand and official seal at Columbus, Ohio on a aof"
. 2021.
[SEAL]
156447410
Auditor -i
Franklin County, Ohio,'
IcityOffice of the City Manager
of Dublin 5555 Perimeter Drive • Dublin, OH 43017-1090 Memo
Phone: 614-410-4400
To: Members of Dublin City Council
From: Dana L. McDaniel, City Manager
Date: February 16, 2021
Initiated By: Colleen Gilger, CEcD, Director of Economic Development
Sara O'Malley, Economic Development Administrator
Re: Ordinances 48-20, 49-20, and 50-20 for Property Assessed Clean Energy (PACE)
Special Improvement for 600 Metro Place North
Background
The building ownership for 600 Metro Place North requested the use of PACE financing
assessments totaling $8,732,416.80 for the retrofit and conversion of a former Crowne Plaza hotel
into a DoubleTree hotel by Hilton. As part of this process, the two resolutions were approved at
the City Council meeting on Nov. 16, 2020. The three ordinances were tabled, at the request of
the applicant, at the second reading/public hearing on Dec. 7, 2020. At the Council Meeting on
Feb. 8 2021, building ownership requested Ordinances 48-20, 49-20, and 50-20 be removed from
the table and scheduled for second reading/public hearing on February 22, which was approved, in
order to move forward with the PACE project.
Process
PACE allows qualifying energy improvements to be financed through special assessments on a
property owner's real estate tax bill. To satisfy this request, Dublin City Council must pass a series
of two resolutions and three ordinances:
The first resolution approves the owner's petition to the City to levy special assessments.
(Approved Nov. 16, 2020)
The second resolution and two of the ordinances, provide for the steps set forth in the Ohio
Revised Code for levying special assessments. (Resolutions approved Nov. 16, 2020;
Ordinances were introduced)
The last ordinance approves the transaction documents. (Introduced Nov. 16, 2020)
This process, while detailed, follows the requirements of the Ohio Revised Code and City's Charter.
The City has no financial obligations with any PACE project and serves only as a pass-through
entity for financing.
Recommendation
Staff recommends Council approve Ordinances 48-20, 49-20, and 50-20 on Feb. 22, 2021. Please
contact Sara O'Malley with any questions.
IcityOffice of the City Manager
of Dublin 5555 Perimeter Drive • Dublin, OH 43017-1090 Memo
Phone: 614-410-4400
To: Members of Dublin City Council
From: Dana L. McDaniel, City Manager
Date: November 4, 2020
Initiated By: Colleen Gilger, CEcD, Director of Economic Development
Sara O'Malley, Economic Development Administrator
Re: Resolutions, Petition, and Ordinances for Property Assessed Clean Energy
(PACE) Special Improvement for 600 Metro Place North
Background
The City of Dublin is focused on setting appropriate conditions to encourage investment and
economic development. City Council continues to support the Economic Development Strategic
Plan to ensure Dublin's office space remains competitive in the market. One particular tool the
economic development team has brought to existing commercial building owners' attention is the
use of the Property Assessed Clean Energy (PACE) program, a favorable financing tool for major
energy efficiency improvements. This initiative directly relates to Strategy 1, Action 3 from the
Economic Development Strategic Plan that identifies creating distinctive development nodes with
vibrant physical space and focusing efforts to develop the Dublin Corporate Area/legacy office
parks, as strategic goals.
PACE is a simple and effective way to finance energy efficiency and renewable energy building
improvements. PACE can pay for qualifying improvements for almost any type of property
including commercial, retail, industrial, nonprofit, and multi -family. Property owners across the
United States are using PACE because it not only saves money, but makes these aging properties
more valuable to its owners and communities.
Process
PACE allows qualifying energy improvements to be financed through special assessments on a
property owner's real estate tax bill. A summary of PACE is provided as an attachment to this
memo.
In order to satisfy this request, Dublin City Council must pass a series of two resolutions and three
ordinances:
The first resolution approves the property owner's petition to the City to levy the special
assessments.
The second resolution and two of the ordinances, provide for the steps set forth in the Ohio
Revised Code for levying special assessments.
The last ordinance approves the transaction documents.
This process, while detailed, follows the requirements of the Ohio Revised Code and the City's
Charter. The City has no financial obligations with the establishment of a Special Improvement
District or for any PACE project. The City simply serves as a pass-through entity for the project
financing.
Memo re. PACE for 600 Metro Place North
November 4, 2020
Page 2 of 3
Project
The building ownership for 600 Metro Place North is requesting the use of PACE financing
assessments totaling $8,732,416.80 for the retrofit and conversion of a former Crowne Plaza hotel
into a DoubleTree hotel by Hilton. Unlike previous PACE projects that have utilized Ohio Air Quality
Development Authority financing (OAQDA), this project is utilizing a private capital provider,
therefore, there are no impacts to existing or future property tax collections due to related parties
(school district, township, etc.) and those parties remain whole. The special assessments that the
property owner is requesting will be in addition to the property taxes that would otherwise be
collected on the parcels.
The scope of work includes equipping the building with an energy efficient building envelope, LED
lighting, high efficiency HVAC systems, and new plumbing fixtures that reduce the amount of
energy necessary to heat water at the building.
Recommendation
Staff recommends Council approve Resolutions Nos. 67-20 and 68-20 on November 16, 2020 and
Ordinances Nos. 48-20 through 50-20 on December 7, 2020. Please contact Sara O'Malley with
any questions.
Memo re. PACE for 600 Metro Place NOM
November 4, 2020
Page of
WHAT IS PACE?
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bwe110 bnPrtrm fulling far energy alfiuenry rmm enegy and wart,
on problem PAR finandy 6 reyld asap aeessani enc on N, PropadY•
regular rn Nil, and Is processed to ume way as whet bast pueuc lunefir
re, gWewalim xwersl N n for dedtt
as. peMing o
asst n NICE one Yusad for mmme uek Nonprofit and shelfprwpenles.I
HOW DOES IT WORK?
PACE 11 normal Inflation, felt programs are maNWNlaaNs and taibred to meet
regbnala paled that autM1we mumtlpl l
on establish PACE progrann,eand knal gonso mems one, hvoroped a variety of
prcgnm mwdelnNt M1rve been successfully implemented. kegadless of model,
thi xnral In tares that End trehoNeary PAR procram.
Mary for At pact looMd
No of a content's haul and oft rmts.
• Long fi..... N arms unto sera,
lide milltohe and Nalllmence hprogram,.
• fntow ptolentsam Nmeanentia.Mud to a property
• Th, PACE aaeamemtr i who heloal mumdfafM1y asa Ilan on the Not
WHY IS IT SO POPULAR?
Property woos Iwe PACE tete... they aan fund posers who no ou.Nsshcon
PAR fi... CIN won ,o" to Co years it snood, m.,demo¢ Men
rel that has, meningil trial s,,N, and a Nil
Imps on he tmtom Ane The annual energy wengs for a PACE pmts: usualy
h1wk,d hearcuala Nothirprymmtsopmperywmmaree "io paNm
ImmadateN rnm mese h,re,re No,ud ssaxp hn on b,.p,m on she,
tepltalpgetsrs,IN, e. n or Is, fo.eyrmdon.
wI govemmmn Iwe PACE teteux n's an Emi Cwelopment InNadve Not
onvors rs to heaven mato! anng tuoness h
IN greater In'I Jobs ratty ove Itmono¢new Nuhn¢
Nall
we onto workforce. PACE
platIst, she ve a Nese honest gwlttµ Nalrcrenm9 1,e11M1ler, Na, IMtk
n,ghtohmh
HOW CAN 1 GET PACE?
an No Al h, rods and re,N,s sou nom h get of with
PCE Ch c, m sea nfoto uh has Eased a PAR sfatme,and n pmarea has In
Mpcgmm.nnee, ramaatus to fired Nor those, is,total Intel in Mnlonati
and we,or os atk to No you In mush wMa mwng wli We Imk!.Noah
mn„nrrgfmmymn
BENEFITS OF PACE
PACENation
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