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HomeMy WebLinkAbout52-80 Ordinance . , ~ " ~: , .. ~ I . I ' ORDINANCE NO.S~-. AN ORDINANCE AUTHORIZING THE VILLAGE,MANAGER TO PURCHASE fOR PUBLIC OWNERSHIP THE COMP~ETED UTILITY SERVICES FRot4 SHAMROCK nDEVELOPMENT WHEREAS, The Shamrock II Development-has built at its own expense lJ I certain water improvements which benefit its'property on Shier-Rings Road; and . " WHEREAS, The Village of Dublin deems it expedient to purchase said improvements,for public purposes and extension of the existing network of public water and services within the Village; and WHEREAS, it is constitutionally permissab1e for the Village to make such purchases. NOW, THEREFORE, BE IT ORDAINED, by the Council of the Vi11 age of Dublin, 1 members concurring, that: Section 1. The Village Manager be and hereby is authorized to con- tract with Shamrock II Development for the purchase of the desired water utility upon such terms as deemed beneficial to the Village provided that the consideration to be paid by the Village to acquire said improvements '1 s, hall in, no event exceed the actual costs the.reof and shall be payable only '-J from tap fees and capacity charges from so-called utility improvements as received by the Village. Section 2. In no event shall any consideration be paid in cash by the Village to Shamrock II Development except as and to the extent that the aforesaid tap fees and capacity charges are paid to the Village. Section 3. This Ordinance shall take effect from and after the earliest period allowed by law. Passed this ~ll day of ~ ' 1900. ~~ ~ i", .-:- ,:,.- ".... ..' ,.', . , ii' '.'".. .'~.~~ Mayor -res 1 ng' tcer ~_'.':":"'" ATTEST: ~"i ~Jj,~~ Clerk of Council I I I . . . . "....,~, .. ~"l'''t .. , INTER-DEPARTMENTAL VILLAGE OF DUBLIN '...~ I TO: Councilmembers DATE: Julv 28. 1980 I FROM: Sherman Sheldon, Villege Mene2er UBJECT: Attached Ordinance Attorney C. Stanley Taylor and Mr. Vic Irelan met with me en July 15, 1980 concerning a possible payback agreement regarding the Waterline extension. under 11..270 to serv.e the ItShamrock II Development" where the first occupant is to be Stanley Steemer, Inc. They then met with ,Mr. Gunner conc~~ning a proposed Ordinance regarding any; possiblepaybacks and said Ordinance is hereto attached for Council consideration at the August 4, 1980 Regular meeting. ~AR,-I Sherman Sheldon Village Manager' 5S : 1 f \ Attachment 'I 1 ,i " a . . " ..... .. . .. . LAW OFFICES m ERRE'IT L. CARPENTER 5454 CLEVELAND A. V:&NUlll COLUKBUS. omo 48229 C. STANLEY TAYLOR (.16) .80-.... July 25, 1980 , Mr. Sherman Sheldon Manager, Village of Dublin Municipal Building 6659 Coffman Road Dublin, Ohio 43017 Re: Shamrock II Waterline Extension Dear Mr. Sheldon: After our conference of July 15, 1980, I talked with Mr. Mike Gunner concerning th.e Agreement for reimDursement,costs of the waterline extension under 1-270 to tfle Sflamrock property on Shfer.,.Rings Road. We feel it is advisable for you to De authori'zed by an Ordinance to purchase the waterlilleextension similar to the method used in the Sherex Development. Enclosed is a proposed Ordinance and I have sent a copy to Mr. Gunner. We will draft an Agreement in the near future anticipating favor- able action by the Village Council. Please call me if there are any questions. Very truly yours, I CST/hr Encl: a/s cc: Mr. Michael T. Gunner I" " - SECTION 3. Terms for the Project Bond. The Project Bond shall be issued as a single bond, without coupons, payable to the order of the Original Purchaser and dated as of the date of its delivery to the Origi~ nal Purchaser. In the event of transfer of the Project Bond, at the request of the transferee and upon surrender of the Project Bond to the Issuer, the Issuer shall execute and deliver to the transferee a new Project Bond payable to the order of the transferee, in the principal amount equal to the outstanding principal amount of the Project Bond surrendered and dated as of the date of the most recent payment of an installment of interest or I principal and interest on the Project Bond surrendered. The Project Bond shall bear interest fr~ its date on the out~ standing principal amount thereof at the rate of nine and one~eighth percentum (9 1/8%) per annum, computed on the basis of a 360 day year with 30 day months. Interest only on the outstanding principal balance of the Project Bond (at the aforementioned rate per annum) shall be paid on August 1, 1980 and on the first day of each month thereafter through and including April 1, . 1982. Commencing on May 1, 1982 and continuing on the first day of each month thereafter through and including April 1, 2009, payments of principal and interest (at the aforementioned rate per annum) together shall be made in installments of $70,818. The then outstanding principal balance of the Project Bond together wi~h accrued interest thereon (at the aforementioned rate per annum) shall be-due and payable on May 1, 2009. Notwithstanding the preceding paragraph, fr~ and after a Deter- mination of Taxability until the final maturity of the Project Bond, by redemption or otherwise, the interest rate on the Project Bond shall be twelve and three-eighths percentum (12-3/8%) per annum, and monthly install- ments of interest or principal and interest shall be adjusted to amortize by April 1, 2009, with constant monthly payments, that portion of the prin- cipal amount of the Project Bond which would have been amortized by April 1, 2009 had there occurred no Determination of Taxability. An amount equal to the difference between (a) the amount of interest I which would have been paid on the Project Bond had the interest rate per annum been twelve and three-eighths percentum (12-3/8%) per annum for a period (the "Payment Period") beginning on the Date of Taxability and ending on the first day of the month in which occurs a Determination of Taxability and (b) the amount of interest actually paid on the Project Bond for the Payment Period shall be paid to the Bondholder (or apportioned among the 8ondholder and any prior Bondholder during the Payment Period) within thirty (30) days after the date of a Determination of Taxability. An addi tional amount equal to the amount of interest and penalties imposed upon the Bond- holder, or any prior Bondholder during the Payment Period, as a direct result of the includability of interest on the Project Bond in the gross income of such Bondholder or prior Bondholder for federal income tax purposes as a result of a Determination of taxability shall be paid to such Bondholder or prior Bondholder within thirty (30) days after such Bondholder or prior Bond- holder furnishes to the C~pany evidence of the amount of interest and penalties paid by such Bondholder or prior Bondholder. . 2.5 .. During any period of default in the payment of any installment of principal or interest on the Project Bond, the interest rate on the Project Bond automatically shall be increased by two percentum (2%) per annum over the interest rate otherwise payable, and any monthly installment of interest or principal and interest shall be increased accordingly. The Project Bond is callable for redemption, in whole, prior to maturity in the event of exercise by the Company of its option to prepay all I the Loan Payments as provided in Section 10.2 of the Loan Agreement. If called for redemption in such event, the Project Bond shall be subject to redemption, in whole, by the Issuer on the date selected by the Company for prepayment of the Loan Payments, in accordance with Section 10.2 of the Loan Agreement, at a redemption price of 100% of the principal amount thereof plus accrued interest to the redemption date. The Project Bond is also subject to redemption, in whole, prior to maturity upon the exercise by the Original Purchaser or The Huntington National Bank, if either of them is the Bondholder, of an option to require redemption of the Project Bond on a date selected by such Bondholder, which date shall be on any date on or after July 22, 1985, at a redemption price of 100% of the principal amount thereof plus accrued interest to the redemption date. Such option shall be exercised by such Bondholder giving the Company and the Trustee at least one year's advance written notice of the redemption date selected by the Bondholder. The Project Bond also shall be subject to redemption in full at any time at the option of the Original Purchaser or The Huntington National Bank if either of them is the Bondholder and (i) such Bondholder shall, in good faith and in accord with sound commercial practice, reason- ably deem itself unsecure with respect to the indebtedness represented by the Project Bond, or (ii) the property furnished as security for the Project Bond shall have declined in value or become unsatisfactory to such Bond- holder. In such event, the Project Bond shall be redeemed on a redemption I date selected by such Bondholder, which date shall not be less than five (5) days after written notice of such redemption date has been given to the Company, at a redemption price of 100% of the outstanding principal amount thereof plus accrued interest to the redemption date. The Project Bond also shall be subject to redemption in full at any time at a redemption price of 100% of the outstanding principal amount thereof plus accrued interest to the redemption date if and when the Loan Agreement shall have become void or unenforceable or impossible of performance in accordance with the intent and purpose of the parties as expressed in the Loan Agreement by reason of any changes in the Constitution of Ohio or the Constitution of the United States of America or by reason of legislative or administrative action (whether state or federal) or any final decree, judgment or order of any court or administrative body (whether state or federal) entered after the contest thereof by the Issuer or the Company in good faith to such extent that the Note and the obligations evidenced thereby are no longer 2.6 a. \ enforceable by the holder thereof. Such redemption shall be made on a date selected by the Bondholder but not more than 90 days following the effective date of any such constitutional amendment, legislation, administrative action, or final decree, judgment or order. The Bondholder shall give the Company written notice of the redemption date selected by the Bondholder at least forty-five (45) days before such redemption date. The Project Bond also shall be subject to redemption in part in the inverse order of maturing principal installments, at a redemption price I of 100% of the principal amount redeemed plus accrued interest to the redemp- tion date, at any time if and to the extent that the Bondholder is holding any moneys for application in accordance with Section 10.3 of the Loan Agreement. Principal of, and premium, if any, and interest on the Project Bond shall be payable at the principal office of the Bondholder. The Project Bond shall be executed by the Executive and the Fiscal Officer, provided that either, but not both, of such signatures may be facsim- iles, and shall bear the seal of the Executive or a facsimile thereof. SECTION 4. Additional Terms of the Project Bond. The Project Bond shall be payable as to principal, p~emium, if any, and interest in lawful money of the United States, shalt be a negotiable instrument and shall express on its face the purpose for which it is issued and such other statements or legends as may be required by law. In case any officer whose signature or a facsimile of whose signature shall appear on the Project Bond shall cease to be such officer before the issuance or delivery of the Project Bond such signature or such facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until that time. As provided herein, the Project Bond shall be payable from the Loan Payments and secured by a pledge of and a lien on moneys deposited I in the Replacement Reserve Fund and a pledge and assignment of the revenues and other income, charges and moneys derived from the Loan Agreement payable to the Bondholder as herein provided, and further secured by the Indenture and by the assignment of the Note by the Issuer to the Bondholder and by the Mortgage; and anything in the Bond Legislation, the Project Bond or the Indenture to the contrary notwithstanding, neither the Bond Legislation, the Project Bond, nor the Indenture shall constitute a debt or a pledge of the faith and credit of the Issuer, and the Project Bond shall contain on the face thereof a statement to the effect that the Project Bond is payable from the aforesaid sources pledged to its payment; provided, however, that nothing herein shall be deemed to prohibit the Issuer, of its own volition, from using to the extent it is lawfully authorized to do so any other re- sources or revenues for the fulfillment of any of the terms, conditions or obligations of the Indenture, the Bond Legislation or the Project Bond. .. 2.7 ..lIIlIIIiIIii. . , , SECTION 5. Sale of the Project Bond. The Executive and Fiscal Officer, or either of them, are hereby authorized and directed to offer the Project Bond for sale to the Original Purchaser for purchase by the Original Purchaser at a price equal to the aggregate principal amount thereof disbursed by the Original Purchaser pursuant to the Indenture and the Loan Agreement, and to make the necessary arrangements on behalf of the Issuer with the Original Purchaser to establish the date, location, proce- dure and conditions for the delivery of the Project Bond to the Original Purchaser. The Executive, the Fiscal Officer and the Clerk of the Legis- I lative Authority, or any of them, further are hereby authorized and directed to execute all documents and instruments and take all steps necessary to effect due execution, delivery and security of the Project Bond under the terms of this Bond Legislation and the Indenture, and it is hereby deter- mined that the price and the interest rates for the Project Bond and the manner of sale, as provided in this Bond Legislation, are in the best interest of the Issuer and consistent with all legal requirements. SECTION 6. Disbursement of Proceeds of Project Bond. The Original Purchaser need not establish an actual fund from which proceeds of the Project Bond will be disbursed. Rather the Original Purchaser need only be prepared to disburse the proceeds of the Project Bond as provided in Section 3.3 of the Loan Agreement. The Original Purchaser shall record each disbursement of proceeds of the Project Bond on the Disbursement Schedule attached to the Project Bond. SECTION 7. Source of Payment; Replacement Reserve Fund. The Project is to be financed pursuant to the provisions of the Loan Agreement, which Loan Agreement provides that the Company shall remit Loan Payments directly to the Bondholder for the account of the Issuer and shall be applied to payment of amounts payable with respect to the principal of and interest and premium, if any, on the Project Bond. The Loan Payments are sufficient in amount to pay the principal of and premium, if any, and interest on the Project Bond and the entire amount of the Loan Payments is pledged to the I payment of the principal of and premium, if any, and interest on the Project Bond. Under the terms of the Loan Agreement, the Company additionally has agreed to assume and pay all necessary expenses which the Issuer is required to incur for the Project. The Issuer hereby covenants and agrees that so long as the Project Bond is outstanding it will pay, or cause to be paid, to the Bondholder suffi- cient sums of Loan Payments or other income, charges and moneys derived from the Loan Agreement promptly to meet and pay the principal of and premium, if any, and interest on the Project Bond as the same becomes due and pay- able, and that should there be a default under the Loan Agreement, the Issuer shall fully cooperate with the Bondholder to the end of fully protecting the rights and security of the Bondholder. 2.8 .... . \ Pursuant to the Loan Agreementt the Company is required to make annual payments of $l20tOOO into a replacement reserve fund commencing on December 3lt 1983 and continuing on the 31st day of each December there- after until the balance in such fund equals or exceeds $360tOOO. Furthert the Company is required to reinstitute such annual payments if the balance in such fund falls below $360tOOO as a result of disbursements therefrom. There is hereby created by the Issuert and ordered maintained as a separate account with the Bondholdert a fund to be designated "Village of Dublint I Ohio - Dublin Inn Ltd. Replacement Reserve Fund" (sometimes referred to herein as the "Replacement Reserve Fund")t into which fund the Bondholder shall deposit the aforementioned payments received from the Company. Moneys in the Replacement Reserve Fund shall be disbursed in accordance with the provisions of the Loan Agreement. If the balance in the Replacement Reserve Fund should at any time exceed $360tOOO the Bondholder shall promptly pay over such excess to the Company provided the Company is not in default under the Loan Agreement. SECTION 8. Covenants of Issuer. In addition to the other cove- nants of the Issuer in this Bond Legislation and the Indenture containedt the Issuer further covenants with the Bqndholder as follows: t (a) Payment of Principal and Interest. The Issuer willt solely from the sources herein providedt pay the principal of and premiumt if anYt and interest on the Project Bond on the dates and at the places and in the manner mentioned in the Project Bondt according to the true intent and mean- ing thereof. (b) Performance of Covenantst Authority and Actions. The Issuer covenants that it will faithfully observe and perform at all times all agreementst covenantst undertakingst stipulations and provisions contained in the Bond Legislationt the Indenturet the Loan Agreement and in the Pro- ject Bond and in all proceedings of its Legislative Authority pertaining I to the Project Bond or the Loan Agreement. The Issuer covenants that it is duly authorized by the Constitution and the laws of the State of Ohiot particularly and without limitation Section 13 of Article VIIIt Ohio Consti- tution and Chapter l65t Ohio Revised Codet to execute and deliver the Loan Agreementt to endorse and deliver the Notet to issue the Project Bond authorized hereby and to execute and deliver the Indenturet and to pledge the Loan Payments in the manner and to the extent herein and in the Inden- ture set forth; that all actions on its part for the issuance of the Project Bond and execution and delivery of the Loan Agreement and the Indenture and endorsement and delivery of the Note have been duly and effectively takent and that the Project Bond in the hands of the Bondholder is and will be a valid and binding special obligation of the Issuer enforceable according to the terms thereof except as limited by applicable bankruptcYt insolvencYt reorganizationt moratorium and other similar laws in effect from time to time affecting the rights of creditors generally and the availability of .. 2.9 ..... " """"'-.~" ""."t. .. " " . I . equitable remedies. All of the obligations and duties of the Issuer and its officers and members of the Legislative Authority in its behalf, under the Loan Agreeaent, Bond Legislation and the Indenture are hereby estab- lished as duties specifically enjoined by law and resulting from an office, trust or station of the Issuer and its officers and members of the Legis- lative Authority within the meaning of Section 2731.01, Ohio Revised Code. (c) Maintenance of Lien. Except as otherwise provided in the I Bond Legislation, Indenture and the Loan Agreement, the Issuer will not make any pledge or assignment of or create any lien or encumbrance upon the Loan Payments other than the pledge and assignment thereof under this Bond Legis- lation and the Indenture. (d) Payment of Taxes, Charges, Etc. Pursuant to and subject to the provisions of Section 5.3 of the Loan Agreement, the Company has agreed to pay all lawful taxes, assessments and charges at any time lawfully levied or assessed upon or against the Project, or any part thereof; provided, how- ever, that nothing contained in this Section shall require the payment of any such taxes, assessments or charges if the same are not required to be paid under the provisions of Section 5.3 of the Loan Agreement. (e) Maintenance and Repair. Pursuant to and subject to the pro- visions of Section 5.1 of the Loan Agreement, the Company has agreed at its own expense to cause the Project to be kept in good repair and good operat- ing condition, and the Company may, at its own expense, from time to time undertake additions, remodeling, modifications and improvements to the Project under the terms and conditions set forth in Sections 5.1 and 5.2 of the Loan Agreement. (f) Public Records. The Issuer covenants that it ~ill cause necessary financing statements, amendments thereto, continuation statements and instruments of similar character relating to the pledges made by it to secure the Project Bond, to be recorded and filed in such manner and in I such places as may be required by law in order to fully preserve and protect the security of the Bondholder. (g) Inspection of Project Books. The Issuer covenants and agrees that all books and documents in its possession or control relating to the Project and the revenues derived from the Project shall at all times be open to inspection by such accountants or other agents as the Bondholder may from time to time designate. (h) Rights under the Loan Agreement. The Loan Agreement, duly exe- cuted counterparts of which upon delivery of the Project Bond will have been filed with the Original Purchaser, sets forth the covenants and obligations of the Issuer and the Company, including a provision in Section 11.5 thereof that subsequent to the issuance of Project Bond and prior to payment of the Pro- ject Bond in full, the Loan Agreement may not be effectively amended, changed, 2.10 .. . ., \ . modified, altered, or terminated (other than as provided therein or herein) without the prior written consent of the Bondholder, and reference is hereby made to the Loan Agreement for a detailed statement of said covenants and obligations of the Company under the Loan Agreement, and the Issuer agrees that the Bondholder in its name or in the name of the Issuer may enforce all rights of the Issuer and all obligations of the Company under and pursuant to the Loan Agreement for and on behalf of the Bondholder, whether or not the Issuer is in default of the enforcement of such rights and obligations. I (i) Maintenance of the Loan Agreement. The Issuer covenants that it shall do all things on its part necessary to maintain the Loan Agreement in effect in accordance with the terms thereof and will take all actions necessary to enforce and protect the rights of the Issuer under the Loan Agreement, including actions at law and in equity~ as may be appropriate. (j) Investment of Moneys. Any moneys held as a part of the Replacement Reserve Fund shall, at the written request, or oral request confirmed in writing, of the Authorized Company Representatives, be invested or reinvested by the Bondholder in: (i) obligations issued by the United States of America or by any person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by Congress, (ii) certificates qf deposit of banks or trust compan- ies, including affiliates of the Bondholder, organized under the laws of the United States of America or any state thereof, which have combined capital and surplus of at least $25,000,000, (iii) commercial paper rated "prime" or its equivalent by Moody's Investors Service, Inc. or Standard & Poor's Corporation or their successors, and (iv) repurchase agreements with banks or trust companies, including affiliates of the Bondholder, secured by obligations described in (i) of this paragraph. The type, amount and maturity (which shall be such so that the moneys invested will be available to make payments from the Replacement Reserve Fund in accordance with the provisions of the Bond Legislation and the Loan Agreement) of such invest- ments shall be as specified by the Authorized Company Representatives. Any I such investment made by the Bondholder maybe purchased from or sold to the Bondholder, or any affiliate of the Bondholder, and such investments shall be held by or under the control of the Bondholder and shall be deemed at all times a part of the Replacement Reserve Fund, and the interest accruing thereon and any profit realized therefrom shall be credited to the Replace- ment Reserve Fund, and any loss resulting from such investments shall be charged to the Replacement Reserve Fund. The Bondholder shall sell and reduce to cash a sufficient portion of investments under the provisions of this Section whenever the cash balance in the Replacement Reserve Fund is insufficient to permit the current disbursements required to be made from such fund. SECTION 9. Indenture and Loan Agreement. In order to better secure the payment of the principal of and interest on the Project Bond, the Executive and the Fiscal Officer are authorized and directed to execute, acknowledge and deliver, as may be appropriate, in the name and on behalf . 2.11 A . " , . of the Issuer, a Bond Agreement, herein identified as and called the Indenture, and the Loan Agreement in substantially the forms submitted to this Legislative Authority, and to endorse upon the Note the assignment to the Original Purchaser, which instruments are hereby approved in all respects with such changes therein not inconsistent with this Bond Legislation and not substantially adverse to the Issuer as maybe permitted by law and approved by the officers executing the same. The approval of such changes by such officers, and that. they are not substantially adverse to the Issuer, I shall be conclusively evidenced by the execution of the Indenture and the Loan Agreement and the endorsement of the Note, respectively, by such officers. The Clerk of this Legislative Authority is hereby directed to insert copies thereof, in the forms submitted to this meeting and approved hereby, in the record of proceedings of this Legislative Authority with the minutes of this meeting and to certify thereon that the same are in the form of the instruments so submitted to this Legislative Authority and approved by this Bond Legislation and identified herein as the Indenture, the Loan Agreement and the Note. Said Indenture, Loan Agreement and Note contain provisions authorized and permitted by Chapter 165 of the Ohio Revised Code. This Bond Legislation shall constitute a part of the Inden- ture, as therein provided and for all purposes including the provisions thereof relating to supplemental indentures and to the separability of provisions of the Indenture. The Executive or the Fiscal Officer shall execute and deliver such financing statements and continuation statements as may be necessary to evidence the liens applicable to the Loan Payments, proceeds of the Project Bond and other revenues to be derived therefrom. SECTION 10. Arbitrage. The Issuer hereby covenants that it will restrict the use of the proceeds of the Project Bond in such manner and to such extent as may be necessary, in view of reasonable expectations at the time of issuance of the Project Bond, so that fhe Project Bond will not constitute an "arbitrage bond" under Section 103(c) of the Code and regu- lations prescribed under such Section. The Executive or any officer of the Issuer having responsibility with respect to issuance of the Project Bond I is hereby authorized and directed to give an appropriate certificate for inclusion in the transcript of proceedings with respect to the Project Bond, upon receipt of appropriate assurances in writing from the Company, setting forth the facts, estimates and reasonable expectations pertinent under said Section 103(c) and regulations prescribed under such Section. SECTION 11. Determination Pursuant to Section 165.03, Ohio Revised Code. Pursuant to Section 165.03 of the Ohio Revised Code, the Legislative Authority hereby finds and determines that the Project is a "project" as defined in Chapter 165 of the Ohio Revised Code and is consistent with the provisions of Section 13 of Article VIII, Ohio Constitution. SECTION 12. Sunshine Law. This Legislative Authority hereby finds and determines that all formal actions taken relative to the adoption of this ordinance were taken in an open meeting of this Legislative Autho- 2.12 . , .. , ~ '" . . rity, and that all deliberations of this Legislative Authority and of its committees that resulted in such formal actions were in meetings open to the public, in full compliance with applicable legal requirements, including Section 121.22 of the Ohio Revised Code. SECTION 13. Prevailing Rates of Wages. All wages paid to laborers and mechanics employed on the Project shall be paid at the pre- vailing rates of wages of laborers and mechanics for the class of work I called for by the Project, which wages shall be determined in accordance with the requirements of Chapter 4115, Ohio Revised Code, for determination of prevailing wage ratesj provided, that if the Company or other nonpub1ic user beneficiary undertakes, as a part of the Project, construction to be performed by its regular bargaining unit employees who are covered under a collective bargaining agreement which was in existence prior to the date of passage of this Bond Legislation, the rate of pay provided under the applicable collective bargaining agreement may be paid to such employees. SECTION 14. Emergency. This Bond Legislation is hereby determined to be an emergency measure, the immediate passage of which is necessary for the preservation of the public peace, hea~th, safety or welfare and for the further reason that this Bond Legislation must be immediately effective so that the commencement of the acquisition, construction and equipping of the facility above described can be begun as soon as possible in order that the Issuer and its residents may enjoy the benefits of the additional employment opportunities at the earliest timej wherefore, this Bond Legislation shall be in full force and effect immediately after its passage. Passed: July 21, 1980 04~</ ~~~j -" Mayor . -- I . ~~~ (1. rfJ~ Attest: I Vice Mayor .. 2.13 A .... ,~. , Il'" . . INTER-DEPARTMENTAL VILLAGE OF DUBLIN TO: Mayor Headlee and Manaqer Sheldon DA TE : 0 c to b e r 1 6 . 1980 I FROM: Assistant to the Manaqer SUBJECT: Annexation of 53.4 Acres - Ordinance #61-80 (Tabled) This date I received a telephone call from Philadelphia from Mr. John Blackburn, attorney for the petitioners of the aforementioned annexation. Mr. Blackburn requests that Council not consider this subject annexation at the Council meeting of October 20, 1980. Mr. Blackburn and the persons he represents respectfully request that the Council take up this matter again at the November 3rd meeting when Mr. Blackburn will be back in town. Respectfully, ~rutner Assistant to the Manager I .. " , I '. · I,', '. I November f, 1980 f To The Council of The Village Of Dublin, Ohio: We the undersigned hereby agree that when we annex into the Village of Dublin and hookup to the sanitary sewer system we shall pay the assessment provided by Village of Dublin Ordinance 65-80 as though 65-80 were applicable to us. /~--, I '. , / / '~ L Jobn D. -:e, . ~~(!, d.; .~M\l~.. Mar S. Guthrie , I II I I I I I .1 i . , I .... . i '. .... ( I . . f(;. :- I ' f t t I r I November if, 1980 I To The Council of The Village ,Of Dublin, Ohio: I We the undersigned hereby agree that when we annex into the Village of Dublin and hookup to the sanitary sewer system we shall pqo the i! ,~ assessment provided by Village of Dublin Ordinanc,e 65-80 as though 65-80 were applicable to us. , I I ~ I ~d~ i " , . I , I : \ : ill I I J ,I I .. " ~ f: r I J' I I I . I I I I I , '." jI . , , . . .} ('. l .. .,"" ~; i l , November tf-, 1980 ,I To The Council of The Village Of Dublin, Ohio: We the undersigned hereby agree that when we annex into the Village ~ &O~ wQ... I , of Dublin an :Ahookup to the sam tary sewer system we shall pq the assessment provided by Village of Dublin Ordinance 65-80 as though 65-80 were applicable to us. ~~C~~ Robert C. MUjus ' 1D~ ~" ~ Marlene E. MilJus I J I I I , i i , II,' , !I , Ii I t . I . -..' . ...,~. . . ; . . , . I .. :)..... }foTelliber t ' 1980 I To The Council o~ The VUJ.aae O~ Dublin, Ohio: We the under~ifPled hereby G that when we annex into the VUJ.aae ,of ,Dublin an~~ tile ~t&17 sewer 87sit- we shall pq the assesmaent provided by VUJ.aae of Dublin Ordinance 65-80 as though 65-80 were applicable to us. ~ el'B,ct r/ .x:t:7~ 1"/ IfB.17 L. er I .-J ~ I . . 4t.." tI ; It ~., . I Bov.iber $ , 1980 To '!'.he Council Of '!'he Vill.a8e Of Dublin, Ohio: We the under81ped. hereby 8Il"ee that when we annex into the Vill.a8e of Dublin and hookup to the 8ani t&17 8ewer ..,.stem we 8hall pq the as8e8sment provided. bY' Villa8e of Dublin Ordinance 65-80 &8 thoup 65-80 were applicable to us. ~\ I I ~ I I . i ~ - . ,_# . .,." - I '. r ~. ,-( I . November g , 1980 I ~ To The Council of The Villase Of Dublin, Ohio: I . We the undersigned 'hereby agree that when we annex into the Village i of Dublin and hookup to the sanitary sewer system we shall pq the assessment provided by Village of Dublin Ordinance 65-80 as though 65-80 were applicable to us. ~ i ~(l\\J . J<<>!lI>.A. OuT 1. . ~~ /)" ~' Her-nna A. ~ . , 'I I Ii ) i ; fill :i ! ~ , i i i , i I . I , \ .....! .,.. . , . 4' . I AGREEMENT FOR PURCHASE OF SHAMROCK II WATERLINE FOR PUBLIC OWNERSHIP BY VILLAGE OF DUBLIN WHEREAS, SHN~ROCK II DEVELOPMENT has constructed and extended at its r own expense certain water line improvements from the MEtRO-CENTRE under 1-270 I to Shier-Rings Road as shown on Exhibit 1 attached, and WHEREAS, the VILLAGE OF DUBLIN by its Council through Ordinance Number 52-80, has authorized its Village Manager to contract for the purchase of said improvements upon such ternlS deemed benefici~ to the Village provided that all payments therefor shall be made only from Tap Fees and Capacity Char.ges paid to the Village for such improvements. NeW, THEREFORE, THIS AGREEMENT is made in consideration of the foregoing and the mutual promises contained herein: \ . l. SHAMR9CK II DEVELOPMENT hereby releases and quit-claims all of its interest in said waterline improvements as described on Exhibit 1 to the VILLAGE OF DUBLIN and agrees to execute any addition~l deeds or releases that may be necessary to convey legal title thereto. I 2. SHAMROCK II DEVELOPMENT hereby certifies that it has fully paid for said waterline improvements, the sums set forth on Exhibit 2, attached h~reto, and that said improvements are complete and in confonmity to the Standards of the VILLAGE OF DUBLIN. 3. 'The VILLAGE OF DUBLIN hereby accepts said waterl ine improvements and agrees to pay SHAMROCK II DEVELOPMENT, not to exceed the sum of I $ 142,350.00------------------------- , payable as follows: a. All water tap fees, fire protection, sprinkler fees or other similar changes paid to the VILLAGE OF DUnLIN for connection to said improvements, including those from the METRO-CENTER AREA, shal be paid to SHAMROCK II DEVELOPMENT semi-annually on June 30, and December 31. All said fees collected prior to the date of this . AGREEMENT shall be forthwith paid to SHAMROCK II DEVELOPMENT. b. This repayment agreement shall continue until December 31, 2000~ or until the total sum set forth above has been paid to SHAMROCK II DEVELOPf4ENT whichever first occurs. ~ IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this /.7...day of . .a~ - .' 1980. \ OWNERS-DEVELOPERS OF VILLAGE OF DUBLI'N, OHIO I SHAMROCK II DEVELOPMENT .1 ~I~~." . BY ~.~f 52-80, Passed . Ra [ph. A. Hewitt I I .' f;:.'........^ . .,";';" EXHIBIT I . .;!. '\ \ ~ \ ~. L-\ I . '..~ \~..JJ n. ,,"A' · f ,~ - - ~ , ::r, ~ --- ~. ~.~- - . . r~'1.-....-;'~. ,'"'""" ~ \. .. . (, \ 1 _-; - . ~ \ . · " - -:: . C; ; ~~ . ~~ -1 ~' '. ~-' ~ - ,,~- --........ -- , . ---- -;- - \ -\ ~ . __...-J ,~ \ ""( . ~ -----r r ' . ~ r?:2:J l~ - - \ ---- \ . . \"" '. - \ . ""~_. ,--f r---- \ '\\ \ ,\..-...! - ~ \ ' . \ ' \ \ , \\ \ I ,.- _ ---... ,--.,/ -- ~ \ ,.~. - .J- h - -----1""\ \ \. \ . ~ .. - l' \ \ ow \ . \" '. . - \ 1\ \ \ \ \ '\\ \' --'"' - \. ~ ~ \ -' \.v - V ---- ~ - ,__ ...\ \ \ ~.-'- _ 'l~ /' , . r-.~ -, -,/ J." rft- ,\ ~:r .1- -,- -'\ r r-"---" ''\_ ~ 1\ \ \ \ ~.... . _ ~ \ \ - ---' _.IOS' 00' '. _ ~".. \ \ \ \ .c ~ \ j , I -,'. \ \ _ . ~ ~--= .-. '1- ~ :5 Y'O'" '" ' I :::::; ,.-- ~ . - \ ii'-. .,,' \ - \ -- -. y , \ I, If/" ~ ',',;t" , ' t:....'-... . .... . ~ ~..-- !.' .c ::l l ~ c ~ ~ Z-y .L. Y ,J . , rlt ~ - I' -1 ....., I . .. .- .,,''', . '"' i ......J.. J ,~-- - -, " '~.. liJIJ ....1."'- , - \ ~.." ~,~...- \ L .JililY ~' J.J.i!':I.,...... ,I" : \"> l'~j. ::" #' 0 n d ~ ~, 1m J:~ 1 ""-..... c:. --p.:.;;.;:.;, i "P~ -' t l '"" f/ OSy )J f If .~' i l; --- - rT T 4 ' -r" ~IU~, I TL . --\ ~ \~' ~ ~. " ~_ _~ - :-_ ~~!sr "\ _ 0 n, ~ /, 11 \ '" -< _ rr"'\' 19 i ~ ",,- · ~~ .=/rY,) "" \ \~::#" --. .-- ~~'l ~~~r1~. ;~... G~.-I 10 ~ -~ \~ ~ i .-J .), lioY / ~ 1'_ ~ ' ~-~ ~~ J ~dJ I' :~~ ~ ~ '; \~i!I~~' u ,,~ 3 - I I .c:~ if , \:c;:; c ;.._.....rl~~l 1 \-\ r- ' , . ." - ,,~ ,\ \ I ..... \ - I aOd I ~~ ~ .:/ L '-\Jl:;= == ~ '\ Y \/ -1. --1.1 Y ~ \;.-.....' _ ~\... II ~--'~\)kn~ '. JJ ~'~"-I: l1~on:A~ \..... ~ I-Y~ ~ =.., I -.- ~ / J{ !,.Z-Y , :---.i , I I -if lio.~ I \ ., "\ , .; UJ n: ""- ~~j : I ~~ ,----,\ \Il, . \ ~'f".' . - , ~ < . .. . . . ./" EXHIBIT II I SHAMROCK II \~ATER LINE EXTENSION I , I Water line extension fromMETRO~CENTRE under I~270 to Shier- Rings Road, total cost $142,350.00, . , t I ~ . \ \, , ".- .1 ! , I ATTACHMENT TO "AGREEMENT FOR PURCHASE OF SHAMROCK II WATERLINE FOR PUBLIC' I OWNERSHIP BY VILLAGE OF DUBLIN" ! CERTIFICATION BY FINANCE DIRECTOR I I The undersigned Finance Director of the Village of Dublin, Ohio, hereby certifies that the Tap Fees and Capacity Charges heretofore or subsequently paid to the Village of Dublin in connection with the Waterline constructed by SHAMROCK II as referred to in Resolution Number I 52..80 and the attached "Agreement for Purchase of Shamrock II Waterline for Public Ownership by Village of Dublin", will be retained as they are I received for reimbursement to SHAMROCK II per said Agreem~nt and paid to , SHAMROCK II under said Agreement semi-annually on June 30 and December 31. Dated: l~ -J.:-c9-~ ~E~ctor I .' II I- I I 'I . I . . . j 1 f" I ... I I ATTACHMENT TO "AGREEMENT FOR PURCHASE OF SHAMROCK II WATERLINE FOR PUBLIC' I OWNERSHIP BY VILLAGE OF DUBLIN" CERTIFICATION BY FINANCE DIRECTOR I I The undersigned Finance Director of the Village of Dublin, I I I Ohio, hereby certifies that the Tap Fees and Capacity Charges heretofore I or subsequently paid to the Village of Dublin in connection with the . Waterline constructed by SHAMROCK II as referred to in Resolution Number 52..80 and the attached "Agreement for Purchase of Shamrock II Waterline I for Public Ownership by Village of Dublin", will be retained as they are received for reimbursement to SHAMROCK II per said Agreem~nt and paid to SHAMROCK II under said Agreement semi-annually on June 30 and December 31. Da ted : {O-~~o ~RM~irector I I 0' I I , ~...OI!l