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HomeMy WebLinkAbout010-78 Ordinance ;;,....., C/". " - ... RECORD OF ORDINANCES , National Graphics Corp., Cols.. O. ~ Form No, 2806-A I . 10 78 P assednmnJAAR-Q--__J9Za_nnh_n_nnn19h_n n Ordmance No .----n---n_____hn_n_ AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CLERK-TREASURER TO SIGN 0 A "SUPPLEMENTAL AGREEMENT" TO THE OCT- OBER 2 I , 1974 AGREEMENT BETWEEN THE VILLAGE OF DURLIN AND MUIRFIELD LTD. RE IT ORDAINED by the Council of the Village of Dublin, Oh i 0, ~ of the members concurring, that: SECTION I. The Mayor and Clerk-Treasurer are, hereby, authorized to execute and deliver a certain "Supplemental Agreement", a copy of which is attached hereto and marked "Exhibit A" and made a part hereof, and, that any previous actions by them in signing s..d agreement is, hereby, approved. SECTION 2. This Ordinance take effect and be in force from and after the earliest period allowed by law. Passed this ~ day of m~ , 1978 ~~J~ fJ President Pro Tempore ATTEST: ~.j~ Clerk-Treasurer ~ . "::'~ - -. ... ' "\ , . '- ,. ~ -....:::,,,~ ~ \~ 6, V 0~~-{. ~ f\P ~ "" D!... \ SUPPLEMENTAL AGREEMENT THIS SUPPLEMENTAL AGRE~~NT, made and entered into C &- this /q day of December, 1977, by and between THE VILLAGE OF DUBLI:N, OHIO, an Ohio municipal corporation classified as a Village (hereinafter called "Dublin!'), and MUIRFIELD LTD., an Ohio limited partnership (hereinafter called "Muirfieldlf), WITNESSETH: WHEREAS, Dublin and Muirfield are parties to an ag:-eement (the "Agreement If) executed by them on October 21, 1974 and October 22, 1974, respectively, relating to the construction by Muirfield of certain water facilities for Dublin, including a twelve (12) inch water main and necessary pumps, and the reimbursement of Muirfield by Dublin for Huirfield's direct costs of constructing said facilities, C together with interest at the rate of eight percent (8%) per annum, all as are more particularly described in the Agreement; and WHEREAS, there is presently unpaid to Muirfield pursuant to the Agreement, including accrued interest, the total sum of $ 1114, COD. OD . and , WHEREAS, Dublin is desirous of avoiding the fur'ther accrual of interest pursuant to the Agreement andois willing to appropriate monies, in addition to the funds becoming available to O~1blin pursuant to Ordinances 43-74, 44-74 and 45-74, in order to reimburse Muirfield for its said direct 0 costs pursuant to the Agreement, without the further accrual of interest; and WHEREAS, Muirfield is willing to waive the further accrual of interest pursuant to the Agreement if Dublin makes to Muirfield the payments hereinafter set forth: __""__._.._w._.,........._,.__._~_. ~_..._......, ~... -"',.,.-.-.-.-........-_-.-...-~~' --' r-. "-, ."" ..'..... ...".....""_............"". '~"-."-'., ~...- "__.._,....--.,............. ......\.~..I ,"-__...-..-.... 0,.... . ""'~h""',~.;,'_, .....1.,. ~ __ ......'. . .... I' ~ NOW, THEREFORE, in consideration of the foregoing and the covenants and agreements hereinafter set forth, Dublin and Muirfield do hereby agree as follows: 1. Dublin hereby agrees to pay to Muirfield (". $414,000, being the total sum unpaid to Muirfield L pursuant to the Agreement, including interest accrued to date, in the following amounts and at the fOllowing times: $214,000 shall be paid on or before Decenilier 31, 1977 and the remaining unpaid balance of $200,000 shall be paid in four (4 ) equal annual installments of $50,000 each on or before December 31 in the years 1978 through 1981, inclusive. Dublin may pay to Muirfield at any time sums in excess of those required to be paid pur- suant to the foregoing provisions, and any such excess shall be credited against the payment or payments which shall next become due. 2. If Dublin pays to Muirfield $414,000 in the amounts and at or prior to the times set forth in paragraph 1 hereof, Muirfield will accept the same in full and complete satisfaction of the sums to be paid to Muirfield pursuant to the Agreement. If Dublin fails to pay to Muirfield the amounts set forth in paragraph 1 hereof and at or prior to the t:imes se~ forth therein, such payments as are made to Muirfield by Dublin hereunder shall be deemed to be payments made pursuant to the Agreement, and each such payment shall be applied first to accrued interest and the r' balance to unpaid principal. ~ \-' IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to be executed by their duly authorized officials or agents as of the day and year first above written. VILLAGE OF DUBLIN, OHIO {/J U}~. By /J'ttlL{l I) iu, W~.(t/v~ Mayor By(i(~ ft, ~; Clerk-Treasurer APPROVED AS TO FORM: MUIRFIELD LTD. ~/ / -..... ........ .............,/ ::jlIIoo.. .._....~_~_~..4.,i" ,. - .-', _"A"~~ ~"".'/"'" ry~ ~....-.-- -.r-D>-r~) ...,>.~.. -_ ,,;' " ' ~- . -,,,-, - (" ; Village Solicitor ~. i l.t _A __.-'~--... .. "]-, ~"",-'_--_""-'~,-", ""~':"~---""----"___~"f"~-:C'H; .,r~.. -' -'- ~~'~--- . ~ ~ - ~ \" ... ~-....... ". . , I . ~~0~ ~ INCORPORATED Dublin, Ohio 43017 CERTIFICATION 0 I, Richard D. Termeer, Clerk-Treasurer of the Village of Dublin, Ohio, do hereby certify that funds to meet the obligations of Ordinance No: 10-78, passed on the ~ day of In~" , 1978, will be avai lable from the following funds, in the listed given years: 1978 From GENERAL FUNDS $ 25,000.00 From WATER RECEIPT FUNDS . $ 25,000.00 1979 From GENERAL FUNDS $ 20,000.00 From WATER RECEIPT FUNDS $ 30,000.00 1980 From GENERAL FUNDS $ 20,000.00 From WATER RECEIPT FUNDS $ 30,000.00 1981 From GENERAL FUNDS $ 20,000.00 From WATER RECEIPT FUNDS $ 30,000.00 (] Cert i f i ed t his ~ ~ day of mMuf. , 1978 ~ ~ Richard D. Termeer Clerk-Treasurer Village of Dublin, Ohio ,...,. "'......- ij,tW" << ... , 1 , .. LAW OFFICES JOHNw,a"'CKE" BRICKER, EVATT, BARTON & ECKLER "'CHA"DC,S'MPSON ~~:~E E~,KL~EN"N I 0 0 E AS TaR 0 ADS T R E E T ~~~~ ~'. :~~~~"S RUSSELL LEACH MICHAEL oJ. RENNER CLAYTON C, HOSKINS CO L U M B U 5, 0 H I 0 432 I 5 JE....y E. NATHAN RICHARD C. PICKETT MARSHALL L. L.ERNER ::~~::: :: ~;I:":..E:;~E TELEPHONE (61~.) 221-66S1 ~~:~:E:u;~:~.. MOO"E DENNIS D. GRANT - STEVEN R. KERBER ELBERT .J. KRAM CHARLES H. WALKER GERALD L. DRAPER WILLIAM S. EVATT (1892-1970) DANNY L. CVETANOVICH MICHAEL r. SULLIVAN ROBERT L. BARTON (1906-1972) MICHAEL K. GIRE DAVID C. CUMMINS CHARLES H. WATERMAN, m THOMAS E. WORKMAN SALLY W. BLOOMFIELD CHARLES F. FREIBURGER L'.'...... ,..'..., RICHARO F. KANE NICHOLAS ..J. KIRALY .... .JOHN F. BIRATH. JR. ,JOSEPH S. GILL l MICHAEL S, HOLMAN OF' COUNSEL March 6, 1978 Village Council Village of Dublin Dublin, Ohio 43017 Gentlemen: We have been asked to examine Resolution No. 72-74, Ordinances No. 43-74, 44-74, 45-74, 54-74, the Agreement attached to Ordinance No. 54-74 which was executed by the parties on the 21st and 22nd days of October, 1974, and a proposed ordinance "Authorizing and Directing the Mayor and Clerk-Treasurer to Sign a Supplemental Agreement to the October 21, 1974 Agreement Between the Village of Dublin and Muirfield, Ltd." The first question presented to us was whether Muirfield, Ltd. is entitled to reimbursement for all of its direct expenses for the construction of a water line running from the intersection C of Sawmill and Summit View Roads to a point at the intersection of 1 S.R. 745 and Muirfield's property line, or whether the Village of " ! Dublin's obligation is limited to reimbursing Muirfield, Ltd. only for 110% of the difference in the cost of the pipe, fittings and valves between the installation of an eight (8) inch water main and the water line which was in fact installed by Muirfield, Ltd. Notwithstanding the reference to Resolution No. 21-74 in the preamble to the Agreement, the language in the body of the Agreement clearly provides for repayment of all of the direct costs incurred in the construction of the line and the Agreement is clear in applying the 8% interest charge to such total figure. We have discussed with your Village Engineer the reasons for a reference to Resolution No. 21-74 in the Agreement and, partially because of that conversation and partially based upon general rules of statutory or ordinance construction, we have concluded that such reference cannot be used so as to interpret the entire Agreement as providing for only the payment back of 110% of the overage. ~ . -, "-'__e_.......,.,.,.~~ '., '~ . ..,.". ..,... ", "''''. '.., - '\ ' r .. ~ ., BRICKER, EVATT, BARTON & ECKLER March 6, 1978 Page Two We have also been asked to comment on what changes to the existing Agreement would be effected by the adoption of the "Supplemental Agreement." It is apparent that if Council desires to supplement the prior Agreement, the "Supplemental Agreement" f'1 presently pending before Council should be amended before its ~' passage for the reason that it provides for a payment (already made) of $214,000 and provides for a total indebtedness of $414,000. The principal change between the existing agreement and the proposed agreement is that the existing agreement provides for a continuation of the interest but limits the obligation of the Village to paying from certain specific funds which mayor may not exist presently or in the future, whereas the "Supplemental Agreement" eliminates the accrual of interest but presumably constitutes an unlimited obligation to pay whether or not funds are available from water tap or front footage charges or water rental surcharges. Thus, under the "Supplemental Agreement" general fund moneys of the Village are being committed. Clearly the Village Council has the authority to adopt the "Supplemental Agreement" should it so desire, but we would suggest that any contract or order involving the expenditure of money requires the certificate of the fiscal officer in accordance with Revised Code Section 5705.41 unless such expenditures are limited to the earnings of a publicly operated water works or public utility in accordance with Section 5705.44. Respectfully, BRICKER, EVATT, BARTON & ECKLER G BY'(~ ~a-L , . R ell Leach RL/11b ,.".., ~,,!