135-02 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No ..................13.5-.0.2........................... Passed
AN ORDINANCE AMENDING THE ANNUAL APPROPRIATIONS ORDINANCE
FOR THE FISCAL YEAR ENDING DECEMBER 31, 2002
WHEREAS, Section 5705.40 of the Ohio Revised Code allows for supplemental appropriations
to be made to an appropriations measure provided sufficient resources are available; and
WHEREAS, the Ohio Revised Code requires, when necessary, amendments to the annual
appropriations measure to be made in order that appropriations are not over expended; and
WHEREAS, it is necessary to amend the annual appropriations measure to provide adequate
funding authorization for various capital project funds.
NOW, TI~EREFORE BE IT ORDAINED by the Council of the City of Dublin, State of
Ohio, of the elected members concurring that:
Section 1. There be appropriated from the unappropriated balance in the Woerner-Temple
TIF Fund the amount of $154.81 to account 412-0221-710-2301 for fees charged by Franklin
County to collect and distribute service payments.
Section 2. There be appropriated from the unappropriated balance in the Ruscilli TIF Fund
the amount of $3,045.99. Of the total, $2,795.99 is to be appropriated to account 415-0221-
710-2301 for fees charged by Franklin County to collect and distribute service payments and
$250.00 to account 415-0314-810-2790 for the purpose of transferring funds to the General
Fund for legal fees.
Section 3. There be appropriated from the unappropriated balance in the Pizzuti TIF Fund
the amount of $2, l O 1.O l . Of the total, $1,676.01 is to be appropriated to account 416-0221-710-
2301 for fees charged by Franklin County to collect and distribute service payments and $425.00
to account 416-0314-810-2790 for the purpose of transferring funds to the General Fund for
legal fees.
Section 4. There be appropriated from the unappropriated balance in the Applied
Innovation TIF Fund the amount of $86,904.17 to account 417-0314-810-2790 for the purpose
of transferring funds to the General Fund to close the Fund.
Section 5. There be appropriated from the unappropriated balance in the Thomas/Kohler
TIF Fund the amount of $285,588.94. Of the total, $6,782.12 is to be appropriated to account
419-0221-710-2301 for fees charged by Franklin County to collect and distribute service
payments and $278,806.82 to account 419-0314-780-2551 for costs related to the construction
of Emerald Parkway from Shier Rings Road to Innovation Drive.
Section 6. There be appropriated from the unappropriated balance in the Metatec TIF Fund
the amount of $433,830.97 to account 420-0314-810-2790 for the purpose of transferring funds
to the General Fund and the Historic Dublin Parking TIF Fund.
. Section 7. There be appropriated from the unappropriated balance in the McKitrick TIF
Fund the amount of $17,721.85 to account 421-0221-710-2301 for fees charged by Franklin
County to collect and distribute service payments.
Section 8. There be appropriated from the unappropriated balance in the Safety Solutions
TIF Fund the amount of $35,220.07 to account 423-0314-810-2790 for the purpose of
transferring funds to the General Fund to close the Fund.
Section 9. There be appropriated from the unappropriated balance in the Duke Realty TIF
Fund the amount of $92,205.21. Of the total, $2,214.42 is to be appropriated to account 424-
0221-710-2301 for fees charged by Franklin County to collect and distribute service payments
and $89,990.79 is to be appropriated to account 424-0314-810-2790 for the purpose of
transferring funds to the Debt Service Fund.
Section 10. There be appropriated from the unappropriated balance in the Perimeter TIF
Fund the amount of $6,373.49 to account 425-0221-710-2301 for fees charged by Franklin
County to collect and distribute service payments.
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No ................1..35.-0.2............................... Passed ...........................................................Page.2................
Section 11. There be appropriated from the unappropriated balance in the Rings Road TIF
Fund the amount of $4,518.31. Of the total, $3,018.31 is to be appropriated to account 426-
0221-710-2301 for fees charged by Franklin County to collect and distribute service payments
and $1,500.00 to account 426-0314-780-2349 for appraisal services related to right-of--way
acquisition.
Section 12. There be appropriated from the unappropriated balance in the Scioto Bridge
Construction Fund the amount of $18,885.00 to account 427-0314-810-2790 for the purpose of
transferring funds to the Debt Service Fund to close the Fund
Section 13. There be appropriated from the unappropriated balance in the Perimeter West
TIF Fund in the amount of $162,488.56.Of the total, $2,488.56 is to be appropriated to account
431-0221-710-2301 for fees charged by Franklin County to collect and distribute service
payments and $160,000.00 to account 431-0314-780-2551 to finalize and close out the
construction contract for the extension of Perimeter Drive.
Section 14. There be advanced from the Capital Improvements Tax Fund the amount of
$160,000.00 to the Perimeter West TIF Fund. This advance is to be reimbursed from future
service payments generated from the TIF district.
Section 15. There be appropriated from the unappropriated balance in the Upper Metro
Place TIF Fund the amount of $190,449.91. Of the total, $1,936.66 is to be appropriated to
account 432-0221-710-2301 for fees charged by Franklin County for the collection and
distribution of service payments and $188,513.25 to account 432-0314-780-2551 for the
reimbursement payment to Capital Square, Ltd. in accordance with the executed TIF agreement.
Section 16. There be appropriated from the unappropriated balance in the Rings/Frantz TIF
Fund the amount of $11,073.05. Of the total, $4,544.00 is to be appropriated to account 433-
0314-780-2349 for design fees for the Rings Road signalization project and $6,529.05 to
account 433-0314-780-2551 for utility relocation costs associated with the Rings Road/I-270
overpass widening project.
Section 17. There be appropriated from the unappropriated balance in the Historic Dublin
Parking TIF Fund the amount of $57,415.73 to account 436-0314-780-2550 to reimburse the
Dublin City School District for the costs related to the Indian Run parking lot expansion project.
Section 18. The public hearing be waived to provide immediate funding for these project
funds.
Section 19. This Ordinance shall take effect and be in force in accordance with Section
4.04(a) of the Dublin City Charter.
Passed this ~ ~L1 day of 1V D (J~f'YI.~J ~~2002.
Mayor -Presiding Officer
ATTEST:
Clerk of Council
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
C k of Council, Dublin, Ohio
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017
crri oH~ oue~~N Phone: 614-410-4400 • Fax: 614-410-4490
Memo
To: Members of Dublin City Council
From: Jane S. Brautigam, City Manager~~~ti,,.,~~5. ,,,,i"
Date: November 12, 2002 ~ ~ ~ c\ `
Initiated By: Marsha I. Grigsby, Assistant City Manager/Director of Finance.
Re: Ordinance No. 135-02, An Ordinance Amending the Annual Appropriations Ordinance
SUMMARY:
Ordinance No. 135-02 provides additional funding authorization for various capital project funds. The following
provides justification for the requests.
For each Tax Increment Financing (TIF) Fund in which service payments were received during 2002, fees were
deducted by the Franklin County Auditor for the County's costs associated with the collection and distribution of
service payments. These deductions are required to be recorded as expenditures and as a result require that funds
be appropriated. The fees are approximately 1 percent of the total service payments collected.
There are several requests for transferring funds from the TIF Funds to various funds.
In Sections 2 and 3 funds will be transferred to the General Fund to reimburse the General Fund for legal fees
associated with the TIF district.
Sections 4 and 8 provide for transfers to the General Fund. In accordance with Section 5709.43(D) of the
Ohio Revised Code any "incidental surplus" remaining in a TIF fund shall be transferred to the
municipality's General Fund. Both the Applied Innovation and Safety Solutions TIF Funds are no longer
necessary. These funds may be closed as a result of service payments having been received in amounts
sufficient to reimburse the General Fund for advances made to finance the specific improvements related to
the TIF districts.
Section 6 provides for funds to be transferred from the Metatec TIF Fund to the Historic Dublin Parking TIF
Fund in the amount of $207,415.73. This is the amount that the City will reimburse the Dublin City School
District for the costs associated with the expansion of the parking lot at Indian Run Elementary. The
remaining amount of $226,415.24 is the "incidental surplus" that will be remaining in the Metatec TIF Fund
after the final debt service payment is made in 2006.
Section 9 provides for a transfer in the amount of $89,990.79 to reimburse the Debt Service Fund for
previous debt service payments made on debt issued for the infrastructure improvements constructed per the
TIF agreement.
Sections 5, 11, 13, 16 and 17 requests additional funding for the identified project.
The appropriation request for the Thomas/Kohler TIF is for costs associated with the relocation of the AEP
substation. The original appropriation was based on estimated costs and actual costs have now been
submitted.
Memorandum
November 12, 2002
Page Two
The request for the Perimeter West TIF is based on a claim filed by the contractor for delay costs associated
with the construction of the roadway. Please see the attached a-mail from Paul Hammersmith for additional
detail.
The request for additional funding in Section 17 is based on actual construction costs associated with the
parking lot at Indian Run Elementary. The final project costs total $207,415.73. The Dublin City School
District will be reimbursed for these costs. See the attached January 3, 2002 for reference.
Section 12 appropriates revenue received from AEP for work completed on their behalf as part of the construction
project. This appropriation will allow these funds to be transferred to the Debt Service Fund to retire a portion of
the annual debt service obligation due on 12/01/02.
As stated, Section 15 appropriates funds to make the 2002 reimbursement payment to Capital Square, Ltd. With
this payment, Capital Square will be reimbursed $281,665.31 of their total cost of $1,955,464.45 to install the
public infrastructure improvements associated with the TIF districts.
The request to waive the public hearing is being made because the majority of the requests relate to internal
transactions and part of the negotiations with Trucco Construction Co., Inc. was the City's agreement to issue
payment by the end of November.
RECOMMENDATION:
Staff is recommending that the public hearing be waived and that Ordinance No. 135-02 be adopted at the
November 18, 2002 City Council meeting.
Attachment
Marsha Grigsby -Perimeter Drive West Extension -Settlement Description Page 1
From: Paul Hammersmith
To: Marsha Grigsby
Date: 11/8/02 2:29PM
Subject: Perimeter Drive West Extension -Settlement Description
Marsha,
Regarding the above subject, I offer the following info.:
As you know, the Perimeter Drive West Extension project commenced construction in early 2000 with the
intent the project would be complete by December 31, 2000. The expedited time frame for this project did
not allow sufficient time for necessary utility relocations to be performed prior to the roadway construction.
The project design anticipated that a substantial Ameritech duct bank located along Post Road near
Hyland-Croy Road would need to be either lowered or relocated. As a result of the complexity associated
with the duct bank configuration, Ameritech elected to relocate the existing bank of six conduits in place by
lowering them along their original alignment. This in-place lowering could only be performed by careful
excavation around the bank, chipping away the concrete encasing it by hand, lowering the bank, then
re-encasing it. This operation could only be performed on one short section at a time, and the conduit was
several hundred feet long.
This particular relocation siginificantly delayed construction on the project, resulting in completion being in
July 2001, not December 2000. The contractor, Trucco Construction Co., Inc., filed a claim with the City
for this seven month delay in an amount of $233, 045.40.
Negotiations with Trucco concerning this delay have been ongoing for quite some time. Recently, the City
agreed to settle this claim for an amount of $160,000. Staff feels this amount is fair and reasonable.
Hope the above is heplful regarding this matter. Please let me know should you require additional
information.
Thanks,
Paul