144-02 Ordinance ORDINANCE NO. 144-02
AN ORDINANCE AMENDING ORDINANCE NO. 44-94
PASSED MAY 16, 1994 TO SUPPLEMENT THE PUBLIC
IMPROVEMENTS TO BE MADE TO BENEFIT THE PARCELS
IDENTIFIED IN THAT ORDINANCE AND PROVIDE FOR
PAYMENT OF A PORTION OF THE SERVICE PAYMENTS
RECEIVED TO THE DUBLIN CITY SCHOOL DISTRICT, AND
DECLARING AN EMERGENCY. (Duke TIF)
WHEREAS, pursuant to Ohio Revised Code Sections 5709.40, 5709.42 and 5709.43, this
Council on May 16, 1994 passed Ordinance No. 44-94 (the TIF Ordinance) thereby declaring
improvements to parcels of certain real property located in the City (as described and depicted in
the TIF Ordinance and referred to therein as the Property) to be a public purpose, exempting those
improvements from real property taxation for a period of time, specifying public infrastructure
improvements (as described in the TIF Ordinance and referred to therein as the Infrastructure
Improvements) to be made to benefit those parcels, providing for the making of service payments
in lieu of taxes (the Service Payments) by the owner(s) thereof, and establishing a municipal public
improvement tax increment equivalent fund (the Fund) into which those Service Payments were to
be deposited; and
WHEREAS, this Council desires to specify additional public infrastructure improvements
benefiting those parcels and provide for payments to the Dublin City School District equal to the
amounts that School District would otherwise receive as real property tax payments; and
WHEREAS, notice of this amendment to the TIF Ordinance has been timely delivered to
the Dublin City School District and the Central Ohio Joint Vocational School District in
accordance with Ohio Revised Code Section 5709.83;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
Delaware, Franklin and Union Counties, Ohio, that:
Section 1. Section 1 of the TIF Ordinance is hereby amended to provide as follows:
"Section 1. Pursuant to and in accordance with the provisions of Ohio Revised
Code Section 5709.40, this Council hereby finds and determines that 100% of the increase
in true value of the Property subsequent to the effective date of this ordinance (which
increase in true value is hereinafter referred to as the "Improvement" as defined in Section
5709.40) is a public purpose, and all of said Improvement is hereby declared to be a public
purpose for a period of 30 years and exempt from taxation commencing on the date of
passage of this ordinance and ending on the earlier of 30 years from such date or on the
date on which the City can no longer require service payments in lieu of taxes under
Section 5709.40 and 5709.42 of the Revised Code, all in accordance with the requirements
of said Sections 5709.40 and 5709.42.
(i) Pursuant to Ohio Revised Code Sections 5709.40 and 5709.42, the
Franklin County Treasurer shall distribute to the Dublin City School District from those
payments in lieu of taxes provided for in Section 3 of this Ordinance, and at the same
time and in the same manner as real property tax payments, amounts equal to the amounts
that School District would otherwise receive as real property tax payments derived from
the Improvement absent the passage of this Ordinance; and
(ii) The remaining monies shall be deposited into the Fund and used for the
purposes set forth in subsections 4(i) and (ii) of this Ordinance."
Section 2. Existing Section 1 of the TIF Ordinance is hereby repealed.
Section 3. The public infrastructure improvements set forth in Exhibit B to the TIF
Ordinance and to be made or caused to be made by the City shall also include the relocation and
burying underground of overhead cables, wires and the appurtenant equipment which benefits, or
that once made will benefit, the Property (as defined in the TIF Ordinance).
Section 4. Except as provided herein, all other provisions of the TIF Ordinance shall
remain in full force and effect and the City Manager and Director of Finance are directed to make
such arrangements as are necessary and proper for collection of the Service Payments. The City
Manager and the Director of Finance are authorized to prepare or cause to be prepared and to
submit to this Council for approval any amendments or supplements to that certain Tax Increment
Financing Agreement between the City and Duke Realty Limited Partnership, which amendments
or supplements may be in the form of a separate agreement, and providing for the payment of
further costs of the Public Infrastructure Improvement permitted and contemplated by this
Ordinance. Those City officials are further authorized to provide such information and to execute,
certify or furnish such other documents, and to do all of the things as are necessary for and
incidental to carrying out the provisions of this Ordinance.
Section 5. Pursuant to Section 5709.40 of the Ohio Revised Code, the Clerk of Council
is hereby directed to deliver a copy of this Ordinance to the Director of the Department of
Development of the State of Ohio within fifteen days after its passage.
Section 6. This Council finds and determines that all formal actions of this Council
concerning and 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 7. This Ordinance is declared to be an emergency measure necessary for the
immediate preservation of the public peace, health, safety and welfare of the City, and for the
further reason that this Ordinance is required to be immediately effective in order that the tax
increment financing authorized in the TIF' Ordinance may continue uninterrupted and provision may
be made for the additional Infrastructure Improvements to be constructed as quickly as possible;
wherefore, this Ordinance shall be in full force and effect immediately u ge.
Si
residing n~ icer
Attest: l~^•^""'G.~
Clerk of Council
Passed: ~Z.C- , 2002
Effective: , 2002
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017
Phone: 614-410-4400 • Fax: 614-410-4490
fl'fP OF DUBLIN M e m o
To: Members of Dublin City Council
From: Jane S. Brautigam, City Managen~~,,,w..5.
f,d,c.,~.p,~,,,...`
Date: December 2, 2002
Initiated By: Marsha I. Grigsby, Assistant City Manager/Director of Finance. A`~~'~-
Re: Ordinance No. 144-02, An Ordinance Amending Ordinance No. 44-94 Passed May 16,
1994, To Supplement The Public Improvements To Be Made To Benefit The Parcels
Identified In That Ordinance And Provide For Payment Of A Portion Of The Service
Payments Received To The Dublin City School District, And Declaring An
Emergency.(DukeTIF)
SUMMARY:
As discussed at the November 18, 2002 City Council meeting and as directed by Resolution No.
41-02, the administration has worked with Squire, Sanders & Dempsey, LLC, the City's bond
counsel, to prepare legislation amending the original legislation establishing the Duke tax
increment financing (TIF) district. This amendment identifies additional public infrastructure
improvements that will benefit the TIF district parcel. The additional public infrastructure
improvements include the relocation and burying underground of overhead cables, wires and the
appurtenant equipment which benefit, or will benefit, the TIF parcel once made. These
improvements include American Electric Power's (AEP) 138 KV transmission line project that is
needed to resolve current and future electric needs of the City, including the parcel within the TIF
district.
This Ordinance also provides for the implementation of a "non-school" TIF after the City is
reimbursed for the public infrastructure improvements that were installed under the terms of
Ordinance No. 44-94. Ordinance No. 44-94 was a "straight" TIF which means the City has been
receiving 100% of the revenue (service payments) generated from the private improvements
constructed within the District. The City has been reimbursed for the costs associated with the
original public infrastructure improvements with the collection of the service payments received
in 2002. Ordinance No. 144-02 will allow the TIF authorized in Ordinance No. 44-94 to continue
uninterrupted and the City to continue to receive "non-school" service payments. These "non-
school" service payments will be utilized to reimburse the City for 50% of the defined
"additional" costs, estimated to be $1,286,000, associated with the desired route and placement of
the 138 KV transmission lines to be installed by AEP.
Based on 2001 tax year (2002 calendar year) information, it is estimated that $85,700 in "non-
school" service payments will be generated annually from the TIF district. We intend to utilize
the Duke TIF to fund $643,000 of the City's estimated project costs of $1,286,000, this will result
in the TIF being extended for a period of eight years.
RECOMMENDATION:
It is recommended that Ordinance No. 144-02 be adopted as an emergency at the December 9,
2002 City Council meeting. Emergency adoption is necessary in order that the TIF authorized in
Ordinance No. 44-94 may continue uninterrupted.
T:\2002\IO-ORD 144-02-MEMO.doc
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1. PERIME'f ER WIEST 10. UPPER METRO PLACE
2. PERIMETER CENTER 11. SAFETY SOLUTIONS
3. METATEC 12. PIZZUTI BONE METRO PLACE SOUTH) TIF Parods
4. RUSCILLI 13. WOERNER-TEMPLE
5. APPLIED TECHNOLOGY 74. THOMASIKOHLER ~ sln~xaR~
8. MCKITRICK 15. DUKE REALTY INVESTMENT s~r~wl~c~oKs
7. EMBASSY SUITES 18. RINGS ROAD
8. COOKER RESTAURANTS 17. CARDINAL HEALTH -SOUTH CAMPUS no~+5aaar¢
9. LEE'S INN 18. RINGSIFRANTZ CAMPU8
79. HISTORIC DUBLIN PARKING
N Ci of Dublin by the C~jr of Dublin
Division of Information Technology
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0 3500 7000 December 2002
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