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HomeMy WebLinkAbout62-91 Ordinance , - RECORD OF ORDINANCES . Dayton Legal Blank Co. Form No. 30043 ---,--- Ordinance No.u___ _(;_2_~_9L___ Passed______ ___nmm___________ mm________19____ 1---=--,-= ,..". ! "'-' AN ORDINANCE INCREASING THE APPROPRIATION FOR THE CAPITAL IMPROVEMENT FUND FOR THE EXTENSION OF THE PUBLIC SEWER TO MEDEX, INC. il WHEREAS, Medex, Inc. and its consultants have sought bids for the II sanitary sewer project to bring sewer service to its newly expanded plant I! on Shier-Rings Road; and, Ii Ii II WHEREAS, the lowest and best bid received by Medex, Inc. was higher II 'I than the amount expected when Ordinance 18-91 was approved by II !I Council: II I WHEREAS, it is necessary to appropriate additional funds in order for the I City to fulfill its commitments to Medex, Inc., r-- NOW THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, '- State of Ohio, "/ of the elected members concurring: Section 1. That there be appropriated from the unappropriated balance in I, the Capital Improvements Tax Fund the amount of $24,000 to account I 40-03-14-2560. I, Section 2. That a copy of the amended Agreement is hereto attached as ,I 'I II Exhibit "A". II 'I !1 Section 3. That this Ordinance be, and the same hereby is, declared to I' be an emergency measure necessary for the public health, safety and II I welfare, and therefore, shall take effect and be in force immediately upon ! its passage. I Passed this 7 tL tf2dJ?~ I i day of , 1991. I !i ~~~.-/ il II II II ~r - Presiding icer - Ii r-- ,I Ii Attest: 1 Ii ~~d ~VL ...... Ii , I I Cle of Council i I II i '.hereby cer"fy that cop'es of t"'s Ord:n::mre/R I I ~ of O::blin in occordanco w'tn Sedion'j3' 2~~ere POsted in the I ?f. . ,of the OhIO Revised Code. I I I C'erk of Council I , ." g, '~, ,-, 'Ill , (J &~.._OI...""m, ~,"'".....)~j"",ii.'_"""~,, ~r ruT! A ',,,,"',''-,+,'V''_1'~, ': t,.., T ~>F ".~ Iji!;-:'~ 'T~--Hu;.,"itil-~ ".. . I AGREEMENT OF INTENT BETWEEN CITY OF DUBLIN AND MEDEX, INCORPORATED DRAFT " ",~~,~~~="-----'--'-~--"'-"-~"-"----''- _h~ ,,~-,..,~',^' - - _..-_",.-~.., " -...."'-""""" .' ~ EXHIBIT "A" AGREEMENT OF INTENT This Agreement of Intent is entered into on ,1991, between the City of Dublin (the "City") and Medex, Inc. (the "Company") for the purpose of encouraging the company to complete the expansion of its manufacturing, research and development facility presently under construction, to encourage the future expansion of Medex's facilities within Dublin, and to assert the Company's commitment of annexation to Dublin. That, therefore, the City and the Company set forth the following agreement which represents a commitment on behalf of both parties to cooperate, predicated on the previous recitation, as follows: 1. Authorization. The City hereby authorizes and approves the extension and construction by Medex, Inc. or its agents, of an 8" public sewer line, in accordance with the requirements of the City Engineer and applicable City Code, along and upon the City rights-of-way. 2. Sewerage. That the City agrees to reimburse the Company for actual costs, including engineering design fees, for the extension of the 8" public sewer line to the site. All such reimbursement of fees shall not exceed $61,000.00. The City agrees t bate to the Company, $4,680.00 of the sewer tap permit fees already lie in sewer tap permit #6452 dated December 26, 1990. The City waive the engineering inspection fees for the extension of the 8" p Ii ~ line to the Medex site as described. The Company agrees to fu with generally accepted City practices for the installation of publi ~~ to provide construction and maintenance bonds as re ir . 3. Water. That the City agrees to rebate to the Company $9,828.00 for Water Tap Permits #6668 and #6669 dated December 26, 1990, which represents Dublin's portion of the Company's anticipated water tap charges. 4. Payment. That the City agrees to make reimbursement payment to the Company within 30 days after completion of construction of the public sewer line and receipt of invoice from the Company, for all outstanding expenses advanced by the Company pursuant to paragraphs one (1), two (2), and three (3) above, not to exceed a total of $75,508.00 for all reimbursements and rebates. ~' -,~-'_........~~,-~'"=~=- ,_..,_~<~'__-.,A> .....~~~...."~~ Agreement of Intent City of Dublin/Medex, Inc. Page Two 5. Landscaoing. That the City agrees to provide and install seed and mulch along the construction route upon the completion of the extension of the public sewer and final grading thereof to the Medex site to comply with accepted City practices. The City agrees to provide and install street trees along Shier-Rings Road when such installation by the City is planned for the remainder of Shier- Rings Road. 6. That the Company agrees that in the unlikely event that the Kincaid et al. annexation is altered or abrogated that the Company will file a petition with the Franklin County Commissioners for annexation to Dublin within 90 days of the date of the abrogation and will testify in favor of the annexation at both the annexation hearings before the Franklin County Commissioners and the Dublin City Council. 7. That the Company agrees that it will be an active corporate citizen, and will become involved in the public affairs of the City by participation in community organizations and other opportunities for positive community i nvo Ive me nt. 8. That the Company agrees to abide by the development standards of the City of Dublin in planning and construction of all future expansion, and the City agrees to expedite all applications, subject to code, which may need to be heard by City boards and commissions, and to work closely with the Company in its efforts to grow and expand with the City. 9. That the Company agrees to give full consideration to its Avery Road/Shier- Rings Road site for future expansion of its facilities. Signed this day of , , 991, on behalf of the City and the Company. MEDEX CITY OF DUBLIN by: by: C. Craig Waldbillig Timothy C. Hansley Chief Executive Officer City Manager Approved as to form: Stephen J. Smith City Law Director -"."~....,."--- ----, '-'-'"',~'-,-'-', ~ AGREEMENT OF INTENT BETWEEN CITY OF DUBLIN AND MEDEX, INCORPORATED DRAFT ,--~- "'," ". ~~~-I J:f-f'j rrrn . EXHIBIT "A" AGREEMENT OF INTENT This Agreement of Intent is entered into on , 1991, between the City of Dublin (the "City") and Medex, Inc. (the "Company") for the ..~ purpose of encouraging the company to complete the expansion of its manufacturing, research and development facility presently under construction, to encourage the future expansion of Medex's facilities within Dublin, and to assert the Company's commitment of annexation to Dublin. That, therefore, the City and the Company set forth the following agreement which represents a commitment on behalf of both parties to cooperate, predicated on the previous recitation, as follows: 1. Authorization. The City hereby authorizes and approves the extension and construction by Medex, Inc. or its agents, of an 8" public sewer line, in accordance with the requirements of the City Engineer and applicable City Code, along and upon the City rights-of-way. 2. Sewerage. That the City agrees to reimburse the Company for actual costs, including engineering design fees, for the extension of the 8" public sewer line to the site. All such reimbursement of fees shall not exceed $61,000.00. The City agrees t bate to the Company, $4,680.00 of the sewer tap permit fees already lie e in sewer tap permit #6452 dated December 26, 1990. The City waive the engineering inspection fees for the extension of the 8" p Ii ~ line to the Medex site as described. The Company agrees to fu with generally accepted City practices for the installation of publi ~~ to provide construction and maintenance bonds as re ir . 3. Water. That the City agrees to rebate to the Company $9,828.00 for Water Tap Permits #6668 and #6669 dated December 26, 1990, which represents Dublin's portion of the Company's anticipated water tap charges. 4. Payment. That the City agrees to make reimbursement payment to the Company within 30 days after completion of construction of the public sewer line and receipt of invoice from the Company, for all outstanding expenses advanced by the Company pursuant to paragraphs one (1), two (2), and three (3) above, not to exceed a total of $75,508.00 for all reimbursements and rebates. ~---'~--~-~-~',".~,~,<--~.."- ~~~~~--"',. ............=~= . Agreement of Intent City of Dublin/Medex, Inc. Page Two 5. landscaoino. That the City agrees to provide and install seed and mulch along the construction route upon the completion of the extension of the public sewer and final grading thereof to the Medex site to comply with accepted City practices. The City agrees to provide and install street trees along Shier-Rings Road - when such installation by the City is planned for the remainder of Shier- Rings Road. 6. That the Company agrees that in the unlikely event that the Kincaid et al. annexation is altered or abrogated that the Company will file a petition with the Franklin County Commissioners for annexation to Dublin within 90 days of the date of the abrogation and will testify in favor of the annexation at both the annexation hearings before the Franklin County Commissioners and the Dublin City Council. 7. That the Company agrees that it will be an active corporate citizen, and will become involved in the public affairs of the City by participation in community organizations and other opportunities for positive community i nvo Ive me nt. 8. That the Company agrees to abide by the development standards of the City of Dublin in planning and construction of all future expansion, and the City agrees to expedite all applications, subject to code, which may need to be heard by City boards and commissions, and to work closely with the Company in its efforts to grow and expand with the City. 9. That the Company agrees to give full consideration to its Avery Road/Shier- Rings Road site for future expansion of its facilities. Signed this day of , 1991, on behalf of the City and the Company. MEDEX CITY OF DUBLIN by: by: C. Craig Waldbillig Timothy C. Hansley Chief Executive Officer City Manager Approved as to form: Stephen J. Smith City Law Director