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HomeMy WebLinkAboutOrdinance 48-24RECORD OF ORDINANCES BARRETT BROTHERS - DAYTON, OHIO Form 6220S Ordinance No. 48-24 Passed DECLARING THE IMPROVEMENT TO CERTAIN PARCELS OF REAL PROPERTY IN THE CITY’S BRIDGE STREET DISTRICT TO BE A PUBLIC PURPOSE AND EXEMPT FROM TAXATION; PROVIDING FOR THE COLLECTION OF TIF SERVICE PAYMENTS; SPECIFYING THE PUBLIC INFRASTRUCTURE IMPROVEMENTS DIRECTLY BENEFITING THE PARCELS; AND AUTHORIZING COMPENSATION PAYMENTS TO THE DUBLIN CITY SCHOOL DISTRICT AND THE TOLLES CAREER AND TECHNICAL CENTER (COHATCH PROJECT) WHEREAS, the City has prepared a strategy for comprehensive development within an area of the City known as the Bridge Street District (which area is referred to herein as the “District’) and has endeavored to work collaboratively with public entities, including the Dublin City School District (‘Dublin Schoo/ District’) and the Tolles Career and Technical Center (“Tolles Career Center’), and private entities to plan for and facilitate the development of the District; and WHEREAS, the City’s strategy for development within the District is primarily focused on creating a new, more urban core for the City, including a dynamic mix of commercial and residential development types generally not currently available within the City; and WHEREAS, to facilitate development throughout the District and pay the associated costs of infrastructure improvements and related incentives, this Council has determined pursuant to Ohio Revised Code Sections 5709.40, 5709.42 and 5709.43 (collectively, the “TIF Statutes”) to declare the improvement to certain parcels of real property located within the City to be a public purpose and exempt from taxation, require the owner of each parcel to make service payments in lieu of taxes, provide for the distribution of a portion of such service payments to the Dublin School District and Tolles Career Center, establish a municipal public improvement tax increment equivalent fund for the deposit of the those service payments, and specify public infrastructure improvements made, to be made or in the process of being made that directly benefit, or that once made will directly benefit, those parcels; and WHEREAS, the Board of Education of the Dublin City School District has heretofore adopted a resolution on April 14, 2014, waiving the provision of certain notices, approving the tax exemption of the Improvements (as defined in Section 3), authorizing an agreement (which has heretofore been executed) between the City and the Dublin School District providing for the remission of certain payments to the Dublin City School District (the “Dublin School District Agreement’) and making other findings with respect to the tax exemption, and WHEREAS, the Board of Education of the Tolles Career Center has heretofore adopted a resolution on June 26, 2014, waiving the provision of certain notices, approving the tax exemption of the Improvements, authorizing an agreement (which has heretofore been executed) between the City and the Tolles Career Center providing for the remission of certain payments to the Tolles Career Center (the “7ol/les Career Center Agreement’) and making other findings with respect to the tax exemption; and NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring, that: Section 1. Parcels. The parcels of real property subject to the exemption granted by this Ordinance are identified and depicted in EXHIBIT A attached hereto (each, as currently or subsequently configured, individually, a “Parcef/’ and collectively, the “Parcels”). Section 2. Public Infrastructure Improvements. This City Council hereby designates the public infrastructure improvements described in EXHIBIT B attached hereto (the “Public Infrastructure Improvements’) and any other public infrastructure improvements hereafter designated by ordinance as public infrastructure improvements made, to be made or in the process of being made by the City that directly benefit, or that once made will directly benefit, the Parcels. RECORD OF ORDINANCES BARRETT BROTHERS - DAYTON, OHIO Form 6220S 48-24 Page 2 Ordinance No. Passed 9 Section 3. Authorization of Tax Exemption. This City Council hereby finds and determines that 100% of the increase in assessed value of each Parcel subsequent to the effective date of this Ordinance (which increase in assessed value is hereinafter referred to as the “Improvement” as defined in Ohio Revised Code Section 5709.40(A)) is hereby declared to be a public purpose and shall be exempt from taxation in accordance with Ohio Revised Code Section 5709.40(B) for a period commencing for each Parcel (separate exemption periods for each Parcel) with the first tax year that begins after the effective date of this Ordinance and in which an Improvement attributable to a new structure or renovation to a structure on that Parcel first appears on the tax list and duplicate of real and public utility property were it not for the exemption granted by this Ordinance and ending on the earlier of (a) thirty (30) years after such commencement or (b) the date on which the City can no longer require service payments in lieu of taxes, all in accordance with the requirements of the TIF Statutes. Section 4. Service Payments. Pursuant to Ohio Revised Code Section 5709.42, the owner of each Parcel is hereby required to and shall make service payments in lieu of taxes with respect to the Improvement allocable thereto to the Treasurer of Franklin County, Ohio (the “County Treasurer’) on or before the final dates for payment of real property taxes. The service payments in lieu of taxes shall be charged and collected in the same manner and in the same amount as the real property taxes that would have been charged and collected against that Improvement if it were not exempt from taxation pursuant to Section 3 of this Ordinance, including any penalties and interest (collectively, the “Service Payments”). The Service Payments, and any other payments with respect to each Improvement that are received by the County Treasurer in connection with the reduction required by Ohio Revised Code Sections 319.302, 321.24, 323.152 and 323.156, as the same may be amended from time to time, or any successor provisions thereto as the same may be amended from time to time (the “Property Tax Rollback Payments"), shall be allocated, distributed and deposited in accordance with Section 6 of this Ordinance. Section 5. TIF Fund. This City Council hereby establishes, pursuant to and in accordance with the provisions of Ohio Revised Code Section 5709.43, the COhatch Public Improvement Tax Increment Equivalent Fund (the “7ZF Fund’). The TIF Fund shall be maintained in the custody of the City and shall receive all distributions to be made to the City pursuant to Section 6 of this Ordinance. Those Service Payments and Property Tax Rollback Payments received by the City with respect to the Improvement of each Parcel and so deposited pursuant to Ohio Revised Code Section 5709.42 shall be used solely for the purposes authorized in the TIF Statutes or this Ordinance. The TIF Fund shall remain in existence so long as such Service Payments and Property Tax Rollback Payments are collected and used for the aforesaid purposes, after which time the TIF Fund shall be dissolved and any incidental surplus funds remaining therein transferred to the City's General Fund, all in accordance with Ohio Revised Code Section 5709.43. Section 6. Distributions. Pursuant to the TIF Statutes, the County Treasurer is requested to distribute the Service Payments and Property Tax Rollback Payments to the City for further deposit into the TIF Fund for (a) during years 1-30 of the exemption for each Parcel, payment to the Dublin City School District in accordance with the Dublin School District Agreement and payment to the Tolles Career Center in accordance with the Tolles Career Center Agreement, (b) payment of costs of the Public Infrastructure Improvements, including, without limitation, debt charges on any securities of the City issued to pay or reimburse financing costs or costs of those Public Infrastructure Improvements and (c) any other lawful purpose. Section 7. Further Authorizations. This City Council hereby authorizes and directs the City Manager, the Director of Finance, the Director of Law, the Director of Development, the Clerk of Council or other appropriate officers of the City to make such arrangements as are necessary and proper for collection of the Service Payments and the Property Tax Rollback Payments. This City Council further hereby authorizes and directs the City Manager, the Director of Finance, the Director of Law, the Director of Development, the Clerk of Council or other appropriate officers of the City to prepare and sign all documents and instruments and to take any other actions as may be appropriate to implement this Ordinance. RECORD OF ORDINANCES BARRETT BROTHERS - DAYTON, OHIO Form 6220S 48-24 Page 3 Ordinance No. Passed . Section 8. Tax Incentive Review Council. The applicable Tax Incentive Review Council, with the membership of that Council to be constituted in accordance with Section 5709.85 of the Ohio Revised Code, shall, in accordance with Section 5709.85 of the Ohio Revised Code, review annually all exemptions from real property taxation granted by this Ordinance and any other such matters as may properly come before that Council, all in accordance with Ohio Revised Code Section 5709.85. Section 9. —_ Filings with Ohio Department of Development. Pursuant to Ohio Revised Code Section 5709.40(I), the City Manager is hereby directed to deliver a copy of this Ordinance to the Director of the Ohio Department of Development within fifteen days after its effective date. Further, and on or before March 31 of each year that the tax exemption authorized by Section 3 remains in effect, the Director of Development or other authorized officer of the City is directed to prepare and submit to the Director of the Ohio Department of Development the status report required under Ohio Revised Code Section 5709.40(1). Section 10. Open Meetings. This City Council finds and determines that all formal actions of this City Council and any of its committees concerning and relating to the passage of this Ordinance were taken in an open meeting of this City Council or any of its committees, and that all deliberations of this City Council and any of its committees that resulted in those formal actions were in meetings open to the public, all in compliance with the law including Ohio Revised Code Section 121.22. Section 11. Effective Date. This Ordinance shall be in full force and effect on the earliest date permitted by law. Signed: LA ZA 2~ Mayor - Presiding Officer Attest: Chat. (1h Clefk of Council (/ Passed: —Novembus (k_, 2024 Effective: J\ocomhy /¥ 2024 The cross and constitutes part of this EXHIBIT A. -hatched area on the following map specifically identifies and depicts the Parcels A-1 IDENTIFICATION AND MAP OF THE PARCELS EXHIBIT A EXHIBIT B PUBLIC INFRASTRUCTURE IMPROVEMENTS The Public Infrastructure Improvements include any “public infrastructure improvement” defined under ORC Section 5709.40(A)(8) and all related costs of those permanent improvements (including, but not limited to, those costs listed in ORC Section 133.15(B)) and the following: e Construction of a walkable district accessible from Historic Dublin, the Dublin Link Pedestrian Bridge and future river access at Riverside Crossing Park — West. e A pedestrian pathway to connect foot traffic from High Street down Wing Hill Lane. e Street and streetscape improvements along N Riverview Street between North Street and the south end of Z Block, and on Blacksmith Lane. e Add access south of the Dublin Link Pedestrian Bridge to connect the landing to North Riverview Street. e Land acquisition and landscaping to the west of the N Riverview Street and North Street intersection. e A 30-inch diameter parallel trunk sewer installation along North Riverview Street. e Utility burial e Roadways. Construction, reconstruction, extension, opening, improving, maintaining, widening, grading, draining, curbing or changing of the lines and traffic patterns of roads, highways, streets, intersections, bridges (both roadway and pedestrian), sidewalks, bikeways, medians and viaducts accessible to and serving the public, and providing signage (including traffic signage and informational/promotional signage), lighting systems, signalization, and traffic controls, and all other appurtenances thereto. e Parking. Construction, reconstruction, improving, and equipping of surface or structured public parking facilities. e Water/Sewer. Construction, reconstruction or installation of public utility improvements (including any underground municipally owned utilities), storm and sanitary sewers (including necessary site grading therefore), water and fire protection systems, and all appurtenances thereto. e Environmental/Health. Implementation of environmental remediation measures necessary to enable the construction of the private improvements on the Parcels or the Public Infrastructure Improvements, and the construction of public health facilities. e Utilities. Construction, reconstruction, burial or installation of gas, electric and communication service facilities and all appurtenances thereto, including, but not limited to mechanical relocations for electric and communications facilities necessary for the development of the Property, and those associated with improvements described in “Roadways” above. e Stormwater. Construction, reconstruction, relocation, modification and installation of stormwater and flood remediation projects and facilities, both for storm water quantity and quality, including the payment and reimbursement for such projects and facilities on private property when determined to be necessary for public health, safety and welfare. e Demolition. Demolition, including demolition of the existing structures on the Parcels. e Parks. Construction or reconstruction of one or more public parks and park or recreational facilities, including grading, trees and other park plantings, park accessories and related improvements, multi-use trails and bridges, together with all appurtenances thereto. e Streetscape/Landscape. Construction or installation of streetscape and landscape improvements including trees, tree grates, signage, curbs, sidewalks, scenic fencing, street and sidewalk lighting, trash receptacles, benches, newspaper racks, burial of overhead utility lines and related improvements, together with all appurtenances thereto, including, B-1 but not limited to streetscape improvements in conjunction with and along the roadway improvements described in “Roadways” above. Real Estate. Acquisition of real estate or interests in real estate (including easements) (a) necessary to accomplish any of the foregoing improvements or (b) in aid of industry, commerce, distribution or research, including acquisition of interests in the Parcels necessary for redevelopment of the Parcels. Professional Services. Engineering, consulting, legal, administrative, and other professional services associated with the planning, design, acquisition, construction and installation of the foregoing improvements and real estate. To: Members of Dublin City Council From: Megan O'Callaghan, City Manager Date: October 29, 2024 Initiated By: Matthew L. Stiffler, Chief Financial Officer/Director of Finance Re: Ordinance 48-24 - Establishing A Tax Increment Financing District (COhatch TIF) Summary This ordinance would establish the COhatch tax increment financing (TIF) district. The City proposes creating a TIF district as authorized by Ohio Revised Code Section 5709.40. Revenues from this TIF will be used to fund the public infrastructure provided for in Ordinance 33-23, which approved the development agreement between the City and COhatch. Pursuant to that development agreement, COhatch will expand and establish a national headquarters in Downtown Dublin and create a one-of-a-kind coworking and entrepreneurship community. One of the City's responsibilities outlined in that agreement was designing and constructing necessary public improvements. The public improvements included $1.12 million in the 2024-2028 Capital Improvement Plan (CIP) for design, which was later increased by an additional $400,000 in Ordinance 13-24. Construction of the public improvements in 2025 was budgeted $11.43 million as part of the 2025-2029 CIP. Service payment revenue from this TIF will be used to support the debt service on these expenditures estimated to be $175,000 annually. The COhatch TIF is within the defined area of the Bridge Street District (BSD) Cooperative Agreement between the Dublin City School District (DCS) and the City. The Cooperative Agreement permits the City to authorize various tax incentives, including TIFs, within the BSD that provide for the following (for each incentive authorized):  Years 1 – 15 – DCS agrees to forego 100% of the applicable real estate taxes in respect of the improvements to any particular parcel within the applicable tax incentive district.  Years 16 – 30 – DCS will receive 10% of what it would have received if the applicable tax incentive district had not been in place. Additionally, as part of the Cooperative Agreement, DCS waived any right to receive notification of the passage of any Ordinance or legislation authorizing the real property tax exemptions, though the City did provide this notice for this ordinance. To project potential service payments, the value of the private improvements is estimated to be at least $8 million. The TIF is estimated to generate approximately $250,000 annually based on the current millage. These service payments will provide funding for public infrastructure improvements previously identified and any additional service payment revenues will fund infrastructure within the Office of the City Manager 5555 Perimeter Center • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 Memo Memo re. Establishing A Tax Increment Financing District (COhatch TIF) October 29, 2024 Page 2 of 2 Bridge Street District. For details regarding the public improvements please see the information included in the Description of Public Infrastructure Improvements, Exhibit B to the Ordinance. Recommendation Staff recommends that Council adopt Ordinance 48-24 at the second reading/public hearing on November 18, 2024.