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HomeMy WebLinkAbout71-85 Ordinance November 18, 1985 ORDINANCE NO. 71-85 The Village Council of Dublin, Ohio met in regular session on this date in Council Chambers at 6665 Coffman Road, Dublin, Ohio, with the following members present: Mr. David Amorose Mavor James E. I.~wi~ Mr. Michael Close Ms.Barbara Maurer Mrs. Cat:herin Headlee Mr. Daniel Sut:phen Mr. L. E. Thornton Mr. Michael Close offered the following ordinance and moved the passage of the same, which was duly seconded by Ms. Barbara MallTPT . ORDINANCE NO. 71-85 AN ORDINANCE AUTHORIZING THE VILLAGE OF DUBLIN, OHIO TO ENTER INTO AN AGREEMENT WITH JEFFREY M. WILKINS PERMITTING JEFFREY M. WILKINS TO COMMENCE THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF REAL AND PERSONAL PROPERTY CONSTITUTING AN INDUSTRIAL AND COMMERCIAL FACILITY WITHIN THE BOUNDARIES OF THE VILLAGE TO BE FINANCED THROUGH THE ISSUANCE AND SALE OF NOT TO EXCEED $4,500,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS OF THE VILLAGE; EMPLOYING BOND COUNSEL; AND DECLARING AN EMERGENCY. WHEREAS, the Village of Dublin, Ohio (the "Issuer"), by virtue of the laws of the State of Ohio, particularly Chapter 165 of the Ohio Revised Code, and the authorities therein mentioned, wishes to take the necessary actions for the issuance of revenue bonds in an aggregate principal amount not to exceed $4,500,000 (the "Bonds") for the purpose of financing the costs of acquiring, constructing, improving and equipping real and personal property constituting an industrial and commercial facility (the "Project") to be owned by Jeffrey M. Wilkins (the "Borrower") and leased to The Wilkins Company, an Ohio corporation doing business as Discovery Systems; and WHEREAS, this Village Council has considered the matters set forth in an Agreement to Issue Bonds of even date herewith in the form attached hereto as Exhibit A; NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Dublin, State of Ohio: Section l. This Village Council does hereby find and determine that: (a) The Project will be a "project" within the meaning of that term as defined in Section 165.01 of the Ohio Revised Code; and (b) The Project is consistent with the purposes of Section 13 of Article VIII of the Ohio Constitution to create or preserve jobs and employment opportunities and to improve the economic welfare of the people of the State of Ohio. Section 2. In order to provide funds to pay the costs of the Project, the Village Council hereby agrees to authorize and issue revenue bonds of the Issuer pursuant to Chapter 165, Ohio Revised Code, upon the terms provided in the form of Agreement by and between the Issuer and the Borrower attached hereto, made a part hereof and marked Exhibit A, which Agreement is hereby in all respects approved. The Village Manager of the Issuer is hereby authorized and directed to execute such Agreement and to take such other action as may be reasonable, necessary or appropriate in accordance with the terms thereof. The Village Manager is further authorized to designate and appoint a Prevailing Wage Coordinate for the Project pursuant to Section 4115.071 of the Ohio Revised Code. Section 3. Vorys, Sater, Seymour and Pease, of Columbus, Ohio, be and hereby are employed as bond counsel to prepare proceedings for and approve the issuance of the bonds described in the above-described Agreement. The fees and expenses of said bond counsel shall be paid by the Borrower or from the proceeds of the issuance of the above-described bonds, and shall in no event be charged to or otherwise be an obligation of this Village Councilor the Issuer. Section 4. The Village Manager of the Issuer is hereby authorized and directed to execute and deliver to the Ohio Department of Development a Notice of Intent under Ohio Executive Order No. 84-64. Section 5. It is found and determined that all formal actions of this Village Council concerning and relating to the adoption of this ordinance were taken in an open meeting of this Village Council, and that all deliberations of this Village Council and any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with Section 121.22 of the Ohio Revised Code. Section 6. This ordinance is hereby declared to be an emergency measure the immediate passage of which is necessary for the preservation of the public peace, health and safety and for the further reason that this ordinance must be immediately effective in order to eliminate the hazards and expenses to the Issuer and its people resulting in the lack of job opportunities; -2- wherefore, this ordinance shall take effect and be in force immediately upon its passage. Passed by Council this 1985. Attest: J~ .~~ Clerk of V ({iage Council Approved as to Form: ~cz_~L Law Oi ec~or Village of Dublin I, Frances M. Urban, Clerk of the Village Council of the Village of Dublin, Ohio, do hereby certify that the foregoing is a true and correct copy of the original ordinance as passed by the Village Council on November 18, 1985. ~~a7f~ Clerk of Village Council Dated: November 18, 1985 I hereby wtify liJI copies of this Ordinance/Resoluti' ;:~~on 7 = l2~,10ft!;~c "C,' :":~,2CI ]~;: '"tJ:;ci:1 J:2C':; J 'I se I',. __:) /L?U /<7 '72f '{ (-/tL~ CJ.O"K ..J C'''''''''' ...1 VI '.......':\,,11 -3- EXHIBIT A AGREEMENT TO ISSUE BONDS THIS AGREEMENT, entered into as of the 18th day of November, 1985, between the Village of Dublin, Ohio (hereinafter called the "Issuer"), a municipal corporation organized and existing under the Constitution and laws of the State of Ohio, and Jeffrey M. Wilkins (hereinafter called the "Borrower") for the purposes of creating or preserving jobs and employment opportunities and improving the economic welfare of the people of the Issuer and the State of Ohio (hereinafter called the "State"). WIT N E SSE T H: WHEREAS, the Borrower desires to acquire, construct, improve and equip real and personal property constituting an industrial and commercial facility to be owned by the Borrower, and located within the boundaries of the Issuer and described on Exhibit I attached hereto, made a part hereof and incorporated herein by reference (the "Project"); and WHEREAS, the Borrower has evidenced a desire to finance such acquisition, construction, improvement and equipping from the proceeds of industrial development revenue bonds of the Issuer (hereinafter called the "Bonds"), issued pursuant to the authority of Article VIII of Section 13 of the Ohio Constitution and Chapter 165 of the Ohio Revised Code, in an aggregate principal amount not to exceed $4,500,000; and WHEREAS, the Project will create or preserve jobs and employment opportunities for residents of the Issuer and the State of Ohio and improve the economic welfare of the Issuer, the State of Ohio and their people; and WHEREAS, it is the desire of the Issuer that such added jobs and employment opportunities be provided at the earliest possible moment and that the economic improvement produced by the acquisition, construction, improvement. and equipping of the Project occur at the earliest possible time; NOW, THEREFORE, in consideration of the foregoing, the Issuer and the Borrower hereby agrees as follows: 1. The Borrower shall commence the acquisition, construction, improvement and equipping of the Project which will provide additional jobs and employment opportunities and improve the economic welfare of the Issuer and the State, and the Borrower will provide, or cause to be provided, at his own expense any necessary interim financing to permit such acquisition, construction, improvement and equipping to commence promptly. The Borrower also agrees that upon the issuance of the Bonds he will, at least to the extent financed with the proceeds of the Bonds, enter into a loan agreement with the Issuer under which the Borrower will make loan payments sufficient to pay the principal of, premium (if any) on and interest on the Bonds and such additional payments as may be required or provided by law and the bond resolution, to pay all taxes and special assessments (if any), and whatever sums may be required for operation, maintenance and depreciation of the Project. The parties hereto further agree that the Borrower shall be reimbursed from the proceeds of the Bonds for the costs incurred directly or -2- indirectly for or in connection with the Project whether such costs shall be incurred prior to, at or after delivery of the Bonds. 2. The Issuer will, subject to the requirements and provisions of law, enact the legislation necessary to authorize the issuance of the Bonds and the execution of 'such loan agreement on behalf of the Issuer, provided that the Bonds shall not represent or constitute a debt or a pledge of the faith and credit of the Issuer and shall not obligate or pledge any moneys raised by taxation, but the repayment of the principal of, premium (if any) on and interest on the Bonds shall be made solely and only from the loan payments, revenues, and other income, charges and moneys derived from the sale, use or other disposition of the Project. The Bonds and accompanying documents shall have such terms as shall be approved by the Borrower and the Issuer, and the Issuer will deliver the Bonds to the purchaser or purchasers thereof designated by the Borrower and will cooperate to its fullest extent in consummating the transaction. 3. In order to induce the Issuer to execute and deliver this Agreement and ultimately to issue the Bonds as aforesaid, the Borrower hereby agrees to defend, indemnify, and hold the Issuer and any and all officials thereof harmless against any and all loss, cost, expense, claims or actions arising out of or connected with the execution and delivery of this Agreement and the consummation of the transactions provided for herein and contemplated hereunder, including the preparation -3- of proceedings for, and the issuance, sale or delivery of, the Bonds. 4. All wages paid to laborers and mechanics employed on the Project shall be paid at the prevailing rates of wages of laborers and mechanics for the class of work called for by the Project, which wages shall be determined in accordance with the requirements of Chapter 4115 of the Ohio Revised Code for determination of prevailing wage rates; provided, however, that if the Borrower undertakes, as part of the Project, construction to be performed by his regular bargaining unit employees who are covered under a collective bargaining agreement which was in existence prior to the date of this Agreement, the rate of pay provided under the applicable collective bargaining agreement may be paid to such employees. To the extent required by Section 4115.032 of the Ohio Revised Code, the Borrower shall comply, and shall require compliance by all contractors and subcontractors working on the Project, with all applicable requirements of Sections 4115.03 through 4115.16 of the Ohio Revised Code, including, without limitation, (i) obtaining or causing to be obtained from the Ohio Department of Industrial Relations its determination of the prevailing rates of wages to be paid for the class of work called for by the Project and ( i i ) if requested by the Issuer, requesting such Department to designate a Prevailing Wage Coordinator for the Project, pursuant to Section 4115.032 of the Ohio Revised Code. Prior to the issuance of the Bonds, the Borrower shall be required to provide the Issuer with evidence, satisfactory to the Issuer, that they have complied with the foregoing agreement. -4- EXHIBIT I PROJECT DESCRIPTION The Project consists of the acquisition of approximately 7.246 acres of land located on Wilcox Road south of Post Road in the Village of Dublin, Franklin County, Ohio, the construction of a manufacturing building thereon which will have approximately 30,000 square feet of floor space in two stories above grade, site improvements thereon, including parking facil- ities, and the acquisition and installation of a complete laser optical disc replication line, including injection molding, metalizing, coating and finishing equipment, for use in the operation of the business of The Wilkins Company, an Ohio corporation doing business as Discovery Systems. The Project will be owned by Jeffrey M. Wilkins and leased to The Wilkins Company. IN WITNESS WHEREOF, the Issuer, pursuant to an ordinance duly passed on November 18, 1985, has caused this Agreement to be executed by the Village Manager, and the Borrower has executed this Agreement, all as of the day and year first above written. VILLAGE OF DUBLIN, OHIO Jeffrey M. Wilkins . APPROVED AS TO ~ ~o/f-~<' Law Director Village of Dublin, Ohio -5-