44-06 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank.Tnc. Form No. 30043
44-06
Ordinance No. Passed , 20
AN ORDINANCE AUTHORIZING THE PURCHASE OF A
10.189 ACRE, MORE OR LESS, TRACT OF LAND FROM THE
ESTATE OF WARREN W. GORDEN, LOCATED SOUTH OF
POST ROAD (SR 161) AND EAST OF US 33, CITY OF DUBLIN,
COUNTY OF UNION, STATE OF OHIO, APPROPRIATING
FUNDS THEREFOR, AND DECLARING AN EMERGENCY
WHEREAS, the City of Dublin plans to improve the US 33/SR 161/Post Road
interchange and related traffic circulation; and
WHEREAS, the aforementioned objectives will require the City of Dublin to obtain a
fee simple interest in the 10.189 acre, more or less, tract of land in the City of Dublin,
Union County, Ohio, as depicted in the attached Exhibit; and
WHEREAS, the City desires to enter into an agreement to purchase the 10.189 acre,
more or less, tract of land for roadway improvement purposes for Two Million Six
Hundred Ninety One Thousand Thirty Nine Dollars and 00/100 Cents ($2,691,039.00);
and
WHEREAS, it is necessary to amend the annual appropriations ordinance to provide
funding for this acquisition.
NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin,
State of Ohio, of the elected members concurring that:
Section 1. The City Manager is hereby authorized to execute a Real Estate Purchase
Agreement and any necessary closing documents related to the acquisition of the 10.189
acre, more or less, tract of land and pay any related closing costs.
Section 2. There be advanced from the General Fund to the Central Ohio Innovation
Center Improvement Fund the amount of $2,700,000.00 to provide the necessary funding
for the acquisition. This advance is to be reimbursed from proceeds of a future debt
issue.
Section 3. There be appropriated from the unappropriated balance in the Central Ohio
Innovation Center Improvement Fund the amount of $2,700,000.00 to account 448-
0314-780-2510 for the purpose of acquiring right-of--way for the interchange
improvement project.
Section 4. This Ordinance is hereby declared to be an emergency necessary for the
immediate preservation of the public health, safety and welfare and for the further
reason that it is necessary to acquire the property on or before August 15, 2006 as
agreed, based upon matters relating to the estate of Warren W. Gorden.
Passed this ~'f day of , 2006.
ayor -Presiding Officer
ATTEST:
I hereby certify that copies of this
Ordinance/Resolution were posted in the
Clerk of Council City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
e uty Clerk of Council, Dublin, Oleo
City Manager
5200 Emerald Parkway • Dublin, OH 43017
Phone: 614-410-4400 • Fax: 614-410-4490
f.ITY OF DUBLIN M e m o
To: Members of Dublin City Council
From: Jane S. Brautigam, City Manager (~5 • b
Date: August 1, 2006
Initiated By: Paul A. Hammersmith, PE, Director ofEngineering/City Engineer
Stephen J. Smith, Law Director
Re: Ordinance 44-06, US 33/SR 161/Post Road Interchange Improvement Project
SUMMARY:
The City is beginning the land acquisition process for the improvement of the US 33/SR 161/Post Road
interchange. This project requires the acquisition of a 10.189 acre parcel from the Warren W. Gorden
Estate. A map of the proposed acquisition is attached for your review. The City and Roger W. Gorden,
the Executor of the Estate, have agreed to the terms of the sale and compensation in the amount of
$2,691,039.00 with the condition that the closing take place no later than August 15, 2006. Ordinance
44-06 has been submitted to Council for approval of this acquisition.
RECOMMENDATION:
Legal staff recommends Council dispense with the public hearing and approve Ordinance 44-06 by
emergency on August 7, 2006.
CITY OF DUBLIN EXHIBIT
PREPARED BY THE CITY OF DUBLIN, WARREN W. G 0 R D E N
ENGINEERING ORDINANCE N0. 44-06
DUBLIN, OH.
5800 Shier Rings Road • Dublin, Ohio 43016-1236
Phone (614)410-4600 • Fax (614)761-6506
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DRAWN CHECKED DATE: JOB N0.
JLR 08/01 /2006
DECLARATION OF OFFICIAL INTENT
For Reimbursement of Expenditures from Bonds/Notes
This is a Declaration of Official Intent under Treasury Regulations Section 1.103-18.
1. The City of Dublin (the City) declares that it reasonably expects that the capital
expenditures described in 2 will be reimbursed with the proceeds of bonds, notes,
certificates, or obligations under a financing lease, installment purchase or loan agreement,
representing a borrowing by the City in the maximum principal amount, for such
reimbursements of $2,700,000.
2. The capital expenditures to be reimbursed are for the acquisition of right-of--way
necessary to improve the US 33/SR 161/Post Road interchange, a project related to the
development of the Central Ohio Innovation Center. The acquisition of the right-of--way
was authorized by Ordinance No. 11-06.
3. This Declaration of Official Intent is consistent with the budgetary and financial
circumstances of the City of this Declaration, in that no money (including the money
advanced to make the expenditures that are to be reimbursed) is, or is reasonably, allocated
on a long-term basis, or otherwise set aside by the City or any other entity, with respect to
the expenditures described in 2.
4. Within 30 days from this date this Declaration of Official Intent shall be made
available as a public record subject to inspection by the general public or at the main
administrative office of the Issuer for reasonable public inspection during all normal
business hours.
The undersigned has been authorized by the City to make and sign this Declaration on
behalf of the City.
Date of Declaration: August 7, 2006
By ~
(Signature)
Marsha I Gn~gsby Depute Manager/Director of Finance
(Name and Title)
Caution: This Declaration of Official Intent will not be effective unless the notes,
bonds or other obligations providing moneys for the reimbursement are issued and the
reimbursement is made (by an allocation on the books and records identifying the
expenditure as in 2 above) by the later of (a) 18 months after the date of payment of the
expenditure or (b) 18 months after the date the property with respect to which the
expenditure is made was placed in service.
P:\DATA\FINANCE\FORMS\Declaration of Official Intent.doc