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HomeMy WebLinkAbout52-95 Ordinance (Amended) ORDINANCE NO. S' >-.. - 95 - AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF VARIOUS REAL ESTATE AND ECONOMIC DEVELOPMENT AGREEMENTS BETWEEN THE CITY, WHITMIRE DISTRIBUTION CORPORATION AND CARDINAL HEALTH, INC. TO INDUCE WHITMIRE DISTRIBUTION CORPORATION TO ACQUIRE THE [ McKITRICK OFFICE PARK AND TO CONSTRUCT THEREON AT LEAST 160,000 SQUARE FEET OF OFFICE SPACE IN ORDER TO INCREASE EMPLOYMENT WITHIN THE CITY, AND DECLARING AN EMERGENCY. WHEREAS, pursuant to that certain Purchase Agreement dated as of February 2, 1995, as amended (the "Purchase Agreement") , the City has acquired the right to purchase certain real property located in the City and described in the Purchase Agreement (the "Property") i and -" WHEREAS, Whitmire Distribution Corporation ("Whitmire"), a wholly-owned subsidiary of Cardinal Health, Inc. ( II CHI"), desires to acquire the Property and to construct on a portion thereof at least 160,000 square feet of office space for use by CHI as a corporate headquarters; and WHEREAS, the City wishes to induce Whitmire to acquire the Property for the purpose of creating and preserving jobs and employment opportunities and to improve the economic welfare of the people of the State of Ohio and the City as authorized in Article VIII, Section 13 of the Ohio Constitution; ...... NOW, THEREFORE, BE IT ORDAINED by the City of Dublin, Franklin, Union and Delaware Counties, Ohio, that: .... Section 1. The City hereby finds and determines that it is necessary and appropriate and in the best interests of the City to provide certain assistance to Whitmire in acquiring the Property for the purpose of creating and preserving jobs and employment opportunities and to improve the economic welfare of the people of the State of Ohio and the City as authorized in Article VI I I , Section 13 of the Ohio Constitution and Chapter 165 of the Ohio Revised Code. Section 2. To provide assistance to Whitmire and CHI and thereby induce Whitmire to acquire the Property and to complete the transactions contemplated among the City, Whitmire and CHI, the City Manager and the Director of Finance, for and in the name and on behalf of the City, shall execute, acknowledge and deliver, the following documents in substantially the form thereof on file with the Clerk of Council: - ,.. (a) The Assignment and Real Estate Purchase Agreement by and between the City and Whitmire; and (b) The Tax Increment Financing/Economic Development Agreement among the City, Whitmire and CHI. Those instruments are approved with changes therein not inconsistent with this ordinance and not substantially adverse to the City and which are permitted by law and shall be approved by .... the City Manager and the Director of Finance; provided, that the i approval of those changes by such officers, and their character as I not being substantially adverse to the City, shall be evidenced F ...... conclusively by their execution of those instruments. Section 3. The City Manager and the Director of Finance shall execute, deliver and, if applicable, file, for and in the name and on behalf of the City any deeds, certifications, assignments and instruments which are necessary or appropriate to consummate the transactions contemplated in this ordinance, the Assignment and Real Estate Purchase Agreement and the Tax Increment Financing/Economic Development Agreement. _.- Section 4. This Council finds and determines that all formal actions of this Council concerning or relating to the passage of this ordinance were taken in an open meeting of this Council and that all deliberations of this Council that resulted in those formal actions were in meetings open to the public in compliance with the law. Section 5. This ordinance is declared to be emergency measure and necessary for the immediate preservation of the public peace, health, safety or welfare of this City and for the further reason that this ordinance is required to be immediately effective in order to provide for the implementation of economic development I!I""'II incentives for the Property at the earliest possible time to create jobs and employment opportunities and improve the economic welfare .... .... .~"-~'""-"'~~~----'- l ~ ,- of the people of the City; wherefore, this ordinance shall be in full force and effect immediately upon its passage. Signed: ~~ ~ ! Attest: ... ~C!-~ Clerk of Council Passed: ~& , 1995 _.- Effective: ).~ , 1995 94/21583ord.Olc ...... ... I herph... ''l,Hv thnf tQo;es of this Ortl"nancQ/1b,)tI!.JI;vu were posted in the City of Dublin in accordance w:tlll Se<tion 731.25 of the OIIio IeviSld Code. ~(L~ Clerk of Coundl, Dublin, Ohio