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77-04 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, [nc. Form No. 30043 Ordinance No. ,,,, „,, Passed . 20 An Ordinance Amending the Annual Appropriations Ordinance for the Fiscal Year Ending December 31, 2004. WHEREAS, Section 5705.40 of the Ohio Revised Code allows for supplemental appropriations to be made provided sufficient resources are available; and WHEREAS, the Ohio Revised Code requires, when necessary, amendments to the annual appropriations ordinance 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 consulting services related to the community plan update and various capital projects funds. NOW, THEREFORE 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 General Fund the amount of $145,000 to account 101-0312-720-2349 for a portion of the costs associated with updating the traffic demand model for the Community Plan update. Section 2. There be appropriated from the unappropriated balance in the Woerner- Temple TIF Fund the amount of $62.56 to account 412-0221-710-2301 for fees charged by Franklin County to collect and distribute service payments. Section 3. There be appropriated from the unappropriated balance in the Ruscilli TIF Fund the amount of $191,482.60. Of the total, $1,929.32 is to be appropriated to account 415-0221-710-2301 for fees charge by Franklin County to collect and distribute service payments and $189,553.28 is to be appropriated to account 415- 0221-710-2302 for payment to the Dublin City School District to comply with the Municipal Income Tax Revenue Sharing Agreement executed by the City and District related to the TIF district. Section 4. There be appropriated from the unappropriated balance in the Pizzuti TIF Fund the amount of $205,860.68. Of the total, $808.99 is to be appropriated to account 416-0221-710-2301 for fees charged by Franklin County to collect and distribute service payments and $205,051.69 to account 416-0221-710-2302 for payments due to Pizzuti Builders, LLC in accordance with the TIF agreement. Section 5. There be appropriated from the unappropriated balance in the Thomas/Kohler TIF Fund the amount of $26,364.28. Of the total, $1,487.34 is to be appropriated to account 419-0221-710-2301 for fees charged by Franklin County to collect and distribute service payments and $24,876.94 is to be appropriated to account 419-0221-710-2302 for payment to the Dublin City Schools District to comply with the Municipal Income Tax Revenue Sharing Agreement executed by the City and the District related to the TIF agreement. Section 6. There be appropriated from the unappropriated balance in the McKitrick TIF Fund the amount of $285,827.92. Of the total, $5,827.92 is to be appropriated to account 421-0221-710-2301 for fees charged by Franklin County to collect and distribute service payments and $280,000 is to be appropriated to account 421-0314- 810-2790 to transfer funds to the Emerald Parkway Phase 5 and Phase 8 Funds as provided for in Ordinance No. 44-03. RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 77-04 (Continued) Ordinance No. Passed _ , 20 Section 7. There be appropriated from the unappropriated balance in the Duke Realty TIF Fund the amount of $175,359.38. Of the total, $359.38 is to be appropriated to account 424-0221-710-2301 for fees charged by Franklin County to collect and distribute service payments and $175,000 is to be appropriated to account 424-0314- 780-2551 for payment to American Electric Power for the City's share of the costs associated with the burying of the 138kv power line along I-270. Section 8. There be appropriated from the unappropriated balance in the Perimeter Center TIF Fund the amount of $215,947.76. Of the total, $947.76 is to be appropriated to account 425-0221-710-2301 for fees charged by Franklin County to collect and distribute service payments and $215,000 is to be appropriated to account 425-0314-780-2349 for design services related to the intersection improvements along Avery/Muirfield Drive as provided for in Ordinance No. 129-03. Section 9. There be appropriated from the unappropriated balance in the Rings Road TIF Fund the amount of $1,272.66 to account 426-0221-710-2301 for fees charged by Franklin County to collect and distribute service payments. Section 10. There be appropriated from the unappropriated balance in the Perimeter West TIF Fund the amount of $6,039.12. Of the total, $1,239.12 is to be appropriated to account 431-0221-710-2301 for fees charged by Franklin County to collect and distribute service payments and $4,800 is to be appropriated to account 431-0314-780-2349 for engineering services related to flood map revisions required by FEMA. Section 11. There be appropriated from the unappropriated balance in the Upper Metro Place TIF Fund the amount of $199,015.77. Of the total, $900.38 is to be appropriated to account 432-0221-710-2301 for fees charged by Franklin County to collect and distribute service payments and $198,115.39 is to be appropriated to account 432-0221-710-2302 for the reimbursement payment to Capitol Square Ltd. in accordance with the executed TIF agreement. Section 12. There be appropriated from the unappropriated balance in the Rings/Frantz TIF Fund the amount of $11,610.79. Of the total, $1,577.45 is to be appropriated to account 433-0221-710-2301 for fees charged by Franklin County to collect and distribute service payments and $10,033.34 to account 433-0314-780- 2551 to finalize the Rings Road signalization project. Section 13. There be appropriated from the unappropriated balance in the Historic Dublin Parking TIF Fund the amount of $9.47 to account 436-0221-710-2301 for fees charged by Franklin County to collect and distribute service payments. Section 14. There be appropriated from the unappropriated balance in the Clean Ohio Grant Fund the amount of $3,482.77 to account 439-0314-780-2510 for environmental assessment fees related to the acquisition of the two parcels along the Scioto River that were acquired in 2003. Section 15. There be appropriated from the unappropriated balance in the Emerald Parkway Phase 8 TIF Fund the amount of $63,000 to account 441-0314-780-2349 for costs related to the demolition of the houses along Jenmar Court and the related noise study. Section 16. There be appropriated from the unappropriated balance in the Perimeter Loop TIF Fund the amount of $86.97 to account 442-0221-710-2301 for fees charged by Franklin County to collect and distribute service payments. RECORD OF ORDINANCES Inc. Ordinance No. Passed . 20 Section 17. There be appropriated from the unappropriated balance in the Tartan West TIF Fund the amount of $1,950,000 to account 443-0314-780-2550 for the Muirfield Drive/Brand Road intersection improvement proj ect that was identified as a public infrastructure project that benefits the TIF district parcels. Section 18. There be appropriated from the unappropriated balance in the Shamrock Boulevard TIF Fund the amount of $282,000 to account 444-0314-780-2349 for design costs related to the extension of Shamrock Boulevard as identified in the TIF/EDA with Wendy's International, Inc. Section 19. The public hearing be waived to provide immediate funding authorization for these accounts. Section 20. This Ordinance shall take effect and be in force in accordance with Section 4.04(a) of the Dublin City Charter. Passed this /s~ day of /~~o (/P.h1~ ~!~ , 2004. 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. ty Clerk of Council, Dublin, Ohio CITY OF DUBLIPJ City Manager 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614-410-4400 • Fax: 614-410-4490 To: Members of Dublin City Counciffl --~~ From: Jane S. Brautigam, City ManageiUGivt~s• ~~~~"'~ Date: October 26, 2004 ~~ Initiated By: Marsha L Grigsby, Deputy City Manager/Director of Finance Memo Re: Ordinance No. 77-04, An Ordinance Amending The Annual Appropriations SUMMARY: Ordinance No. 77-04 provides additional funding authorization for the Community Plan update process and various capital project funds. The following provides information for the requests. Section 1 provides funding for work that will be performed in 2004 with regard to updating the traffic demand model for the Community Plan. The Division of Engineering completed a Request For Proposal process for the project and recently selected Burgess & Niple to perform the work. An additional appropriation of $180,000 will be needed in 2005 and has been included in the 2005 Operating Budget. For each Tax Increment Financing (TIF) Fund in which service payments were received in 2004, 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. Sections 2 through 13 and Section 16 request funding authorization for the fees charged by Franklin County for the collection and distribution of service payments related to the City's various TIF districts. Sections 3 and 5 also provide the funding authorization to make the required payments to the Dublin City School District (the District) in accordance with the executed Municipal Income Tax Revenue Sharing Agreement (the Agreement). The Agreements, which are attached for reference, provided for payments to the District for payments in lieu of taxes that exceeded specified amounts. Both of these TIFs were "straight" TIFs that were established after State law required municipalities to share 50% of the income tax revenue generated within the TIF district or enter into a separate agreement based on terms negotiated by the municipality and the school district. The legislation for both the these TIF districts has been modified to provide for the implementation of a "non-school" TIF after the terms of the "straight" TIF expired. Section 4 also provides funding for the payment due to Pizzuti Builders LLC (Pizzuti) in accordance with the TIF agreement authorized in 1997. The agreement provides for payment to be made to Pizzuti for stormwater improvements and features and related open space on their property located on Metro Place South after the City has been reimbursed for the costs of the public improvements made at the intersection of Frantz Road and Metro Place South. The City was 100% reimbursed during 2003 and the payment to Pizzuti reflects the amount of service payments remaining in the TIF fund. Pizzuti will receive payments totaling $650,000 as service payments are received. Section 6 also provides the funding authorization to transfer funds from the McKitrick TIF Fund to the Emerald Parkway Phase 5 and Phase 8 Funds that have been established for those projects. The ability to utilize service payments from the McKitirck TIF district is the result of the referenced Ordinance that provided for the Memorandum October 26, 2004 Page Two implementation of a "non-school" TIF after the terms of the "straight" TIF expire and the addition of Emerald Parkway from Riverside Drive to Sawmill Road to the Description of Public Improvements. Section 7 also provides funding authorization for payment to AEP for the City's share of burying of the 138kv line along I-270. The City's share had been projected to be approximately $900,000. Based on the most current information from AEP, the City's share will likely be in the range of $150,000. The amount requested is higher due to possibility of the final actual costs exceeding the current estimate. Section 8 also provides funding for design services related to the intersection improvements along Avery/Muirfield Drive. The ability to utilize service payments from the Perimeter Center TIF Fund for these projects is the result of the referenced Ordinance that provided for the implementation of a "non-school" TIF after the terms of the "straight" TIF expired and the addition of these intersections and future improvements to Perimeter Drive to the Description of the Public Improvements. Section 11 also provides funding for the 2004 reimbursement payment due to Capital Square, Ltd. Capital Square paid for the installation of the Upper Metro Place roadway and related public infrastructure improvements and is being reimbursed as service payments are received from applicable TIF districts. With this payment, Capital Square will be reimbursed $681,864.02 of the total $1,955,464.45 they paid to install the public improvements. Section 17 provides funding authorization in the Tartan West TIF Fund for Muirfield DriveBrand Road intersection improvement project. The funds for this project prior to the establishment of the Tartan West TIF had been appropriated in the Capital Improvements Tax Fund. Once the project was identified as benefiting the Tartan West development, we were able to advance the funds from the Capital Improvements Tax Fund and record the expenditures in the TIF Fund. This will allow future service payments to be utilized to pay for the project. As service payments are receive, the advance from the Capital Improvements Tax Fund will be repaid. RECOMMENDATION: Staff is recommending that the public hearing be waived and Ordinance No. 77-04 be adopted at the November 1, 2004 City Council meeting. Passing the legislation as an emergency will provide additional flexibility in the schedule for pricing the bonds. T:\2004\092-ORD-77-04 MEMO.doc AMENDMENT TO MUNICIPAL INCOME TAX REVENUE SHARING AGREEMENT This Amendment (the "Amendment"), to the Municipal Income Tax Revenue Sharing Agreement (the "Agreement") dated February 27, 1995 by and between the Ciry of Dublin, Ohio (the "Ciry"), a municipal corporation duly organized and validly existing under the laws of the State of Ohio, with its principal offices at 5200 Emerald Parkway, Dublin, Ohio 43017, and the Dublin City School District, Ohio (the "School District"), a public school district duly organized and validly existing under the laws of the State of Ohio, with its principal offices located at 7030 Coffman Road, Dublin, Ohio 43017, is made and entered into this 27th day of June, 1997. All capitalized terms not defined herein shall have the meanings given them in the Agreement. WITNESSETH: WHEREAS, the City has previously entered into the Tax Increment Financing and Economic Development Agreement with Ruscilli Construction Co. , Inc. Profit Sharing Plan and Trust and Olde Poste Properties, Columbus Building, L.L.C. and Brentlinger Enterprises (collectively, the "Owners"), dated June 9 1997 (the "TIF Agreement"), which TIF Agreement evidences that the Council of the City has granted the Owners an exemption from real property taxes for certain real property improvements (the "TIF Project") described in the TIF Agreement pursuant to Ohio Revised Code Section 5709.40, 5709.42 and 5709.43; and WHEREAS, the City and the School District have previously entered into the Agreement to compensate the School District for tax revenue the School District would have received had the property comprising a Project not been exempted from taxation by the City; and WHEREAS, the TIF Project constitutes a Project under the Agreement; and WHEREAS, pursuant to the TIF Agreement, the Owners have agreed to make certain payments in lieu of taxes; and WHEREAS, due to the benefits accruing to the School District as a result of the construction of the TIF Project, the School District desires to not have Ohio Revised Code Section 5709.82 or the Agreement apply to the TIF Project; and WHEREAS, the City and the School District wish to provide that any payments in lieu of taxes made by the Owners in excess of $1,500,000 shall be paid to the School District; and WHEREAS, the City and ,the School District have determined that this Agreement is in the best interests of the City and the School District and will improve the welfare of the citizens of the City and the School District; NOW THEREFORE, in consideration of the premises and covenants herein the parties agree as follows: Section 1. Inapplicability of Ohio Revised Code Section 5709.82. The City and the School District hereby agree that the TIF Project shall not be subject to Ohio Revised Code Section 5709.82 and that no compensation (other than as provided in Section 3 hereof) shall be due the School District pursuant to Ohio Revised Code Section 5709.82 to compensate the School District for tax revenue the School District would have received had the TIF Project not been exempted from taxation by the City. Section 2. Inapplicability of Agreement to TIF Project. The City and the School District hereby agree that the Agreement shall not apply to the TIF Project and no compensation under the Agreement shall be made to the School District in respect of the TIF Project. Section 3. Excess Payments in Lieu of Taxes to be Paid to School District. In the event the aggregate of all payments in lieu of taxes made by the Owners into the Columbus Building, L.L.C. /Brentlinger Enterprises Municipal Public Improvement Tax Increment Equivalent Fund established pursuant to Ohio Revised Code Section 5709.43 exceeds $1,500,000, the City agrees to pay to the School District, no later than October 31 of the calendar year following the date such payments exceed $1,500,000, the amount of such excess. Section 4. Amendment. This Amendment may be amended or modified by the parties only in writing, signed by both parties to the Agreement. Section 5. Entire Agreement; Waiver of Notice. This Amendment sets forth the entire agreement and understanding between the parties as to the subject matter hereof and merges and supersedes all prior discussions, agreements, and undertakings of every kind and nature between the parties with respect to the subject matter of this Amendment. With respect to the notice dated May 2, 1997 from the City to the School District given pursuant to Section 5709.40 of the Revised Code, the School District hereby waives any defects or irregularities relating to the period for which the private improvements will be exempted from taxation. Section 6. Severability of Provisions. The invalidity of any provision of this Amendment shall not affect the other provisions of this Amendment or the Agreement, and this Amendment and the Agreement shall be construed in all respects as if any invalid provisions were omitted. Section 7. Counterparts. This Amendment may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument, and any party to this Amendment may execute this Amendment by signing any such counterpart. Section 8. Extent of Covenants; Binding Effect; No Personal Liability. All covenants, stipulations, obligations and agreements of the parties contained in this Amendment shall be effective to the extent authorized and permitted by applicable law. Each provision of this Amendment is binding upon the officer(s), employee(s) or other person(s) and any body or bodies as may from time to time have the authority under law to take the actions as may be necessary to perform all or any part of the duty required by a given provision of this Amendment. No such covenant, stipulations, obligation or agreement shall be deemed a covenant, stipulation, obligation or agreement of any present or future member, officer, agent, or employee of any of the parties in their individual capacity. Section 9. Status of Agreement. The Agreement, as modified by this Amendment, shall continue in full force and effect after the execution hereof. -2- IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the date set forth above. CITY OF DUBLIN, OHIO By: E~~,~r~tyr~ City Manager Director of Finance President of the Board of Education ~~~~ ~~ -• DUBLIN CITY SCHOOL DISTRICT, OHIO Rv 3 REVISED DRAFT (3/19/96) AMENDMENT TO MUNICIPAL INCOME TAX REVENUE SHARING AGREEMENT his Amendment (the Amendment) is made and entered into this ~~~day of 1996, by and between the City of Dublin, Ohio (the City), a municipal corporation with its principal offices at 6665 Coffman Road, Dublin, Ohio 43017, and the Dublin City School District, Ohio (the School District), a public school district with its principal offices located at 7030 Coffman Road, Dublin, Ohio 43017. WITNESSETH: WHEREAS, the City of Dublin may, under authority of Chapter 725. or 1728. , or Sections 3735.65 to 3735.70, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632, 5709.73, 5709.78, or 5709.84 of the Ohio Revised Code, grant an exemption from taxation for real or tangible personal property improvements (a Project); and WHEREAS, pursuant to Section 5709.82 of the Ohio Revised Code, the City has negotiated and on February 27, 1995 entered into Municipal Income Tax Revenue Sharing Agreement (the Agreement) with the School District to compensate the School District for tax revenue the School District would have received had property comprising a Project not been exempted from taxation by the City; and WHEREAS, Duke Realty Limited Partnership and the Edwards Company are each acquiring certain real property located in the City and contemplate making improvements to that property (the Thomas/Kohler Project) which is more fully described on attached Exhibit A,. and the City desires to make public infrastructure improvements that would directly benefit that property and finance those improvements through a tax increment financing under Section 5709.40 of the Revised Code and from City funds; and WHEREAS, the City and the School District will derive substantial and significant benefits from the Thomas/Kohler Project; and WHEREAS, to facilitate the Thomas/Kohler Project the City and the School District have determined to enter into this Amendment to the Agreement, which Amendment is in the vital and best interest of the City and the School District and will improve the health, safety and welfare of the citizens of the City and the School District; NOW, THEREFORE, in consideration of the premises and covenants contained herein the parties agree as follows: Section 1. Amendment. The City's tax increment financing for the Thomas/Kohler Project, authorized under authority of Section 5709.40 of the Revised Code and Ordinance No. -96 passed by the Dublin City Council on , 1996 (the TIF Ordinance), shall not be subject to the Agreement or Section 5709.82 of the Revised Code. D04: (00901. DOGS. DUB06l 11 ~M UN_I NCOM E_TAX_REV _SHAR_AGT_AM ENDS - .., ' Section 2. City Payment to School District of Any Payments in Lieu of Taxes Exceeding $3,000,000. The City hereby agrees to pay to the School District with respect to the Thomas/Kohler Project any payments in lieu of taxes collected pursuant to Section 5709.40, 5709.42 and 5709.43 of the Revised Code and the TIF Ordinance in excess of $3,000,000. That payment shall be made on or before the last day of October of the final calendar year in which the Thomas/Kohler Project is exempt from taxation pursuant to Section 5709.40 of the Revised Code. Section 3. Amendment; Change of Law. This Amendment may be amended or modified by the parties only in writing, signed by both parties to the Agreement. Section 4. Entire Agreement; Waiver of Notice. This Amendment sets forth the entire agreement and understanding between the parties as to the subject matter hereof and merges and supersedes all prior discussions, agreements, and undertakings of every kind and nature between the parties with respect to the subject matter of this Amendment. With respect to the notice dated February 1, 1996 from the City to the School District given pursuant to Section 5709.40 of the Revised Code, the School District hereby waives any defects or irregularities relating to the period for which the private improvements will be exempted from taxation. Section 5. Notices. All payments, certificates and notices which are required to or may be given pursuant to the provisions of this Amendment shall be sent by the United States ordinary mail, postage prepaid, and shall be deemed to have been given or delivered when so mailed to the following addresses: If to the City: City of Dublin 6665 Coffman Road Dublin, Ohio 43017 Attention: Director of Development If to the School District: Dublin City School District 7030 Coffman Road Dublin, Ohio 43017 Attention: Treasurer Either party may change its address for receiving notices and reports by giving written notice of such change to the other party. Section 6. Severability of Provisions. This invalidity of any provision of this Amendment shall not affect the other provisions of this Amendment, and this Amendment shall be construed in all respects as if any invalid portions were omitted. -2- D04: X00901. DOCS.DUDOGI l 1 ~ MU N_INCOM E_TAX_REV _SH AR_AGT_AMEND.S ~ M ' Section 7. Counterparts. This Amendment may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument, and any party to this Amendment may execute this Amendment by signing any such counterpart. CITY OF DUBLIN, OHIO By: And: -3- DUBLIN CITY SCHOOL DISTRICT, OHIO ~ By City Managerp ~ ~`'~ Y Directo ' of Finance By Super' nd~nt ~~~ reasurer ~~ ,.~,~ resident gf~t ~ d of Education D04:[00901.DOCS.DU806rit)MUN_INCOME TAX_REV_SHAR_AGT_AM ENDS M tl - -1 I I i ~ ~ ~ _ / ~. ~/ _ ~ ~! ~rn,cmc Rn _ . . - _ . - ~~ ~ r. -_ - - ~ o .. i.1 - -- - - - ~ . ...: tt~ll~I/~/ loll//,~ - .. _.... ~~ - ~ ~i. j ~ l~ 1 ~ ~, N FfY 2 ~ . A{a b om ' ~ a *~ ~ ~ -~- ~ - ~ m - '~ ~ - ~ . ~ ~ ~ ~ ~ ~ ~ ~_ . ,~ - ~ - -- .. ~ ,. TOTAL P.06 MAR 21 '96 10 02 614 ?61 6506 PAGE.06 .. ~ °~ ~ o~i f N ~ ~ 1% ,~ /~ ,..~ RR PaR7'NERS %1 ~~~ ~ I 54.9, ACRf~S ~ / ~ i ' % ! 1 `~ 1 . ' i , ~ I ° " ` ~ ~ / 1 ,/ I l I - , 1 ~ // ~` r f f / ~ ~ J (A 1 J iu, `~ t ~°M~~ko,uC~R s .. 8a..u OgRies P~ a ,~0 4 -~- c TOTQ~c,: ~X~,6, ~ ~ FRANK TUQMAg. ETAS Cd) 5..4.93 ACRES ~RA,ti~ TuDMAS Z :,CBEs (2.~3~ acRES 3Y 6URvEY ) A-2 RR P~+RTNEn: rNOMaS, Et at TuoMas _ - Sa.7°-5 Ac, 2.a.3a AC. rt t. 722 ac. MAR 21 '96 10 01 614 ?61 6506 PAGE.05