Ordinance 051-18Dayton Legal Blank, Inc.
Ordinance No. 51-18
RECORD OF ORDINANCES
Form No. 30043
Passed .20
AN ORDINANCE AUTHORIZING AND APPROVING AN ENERGY
PROJECT COOPERATIVE AGREEMENT BY AND BETWEEN THE CITY
OF DUBLIN, OHIO, THE COLUMBUS REGIONAL ENERGY SPECIAL
IMPROVEMENT DISTRICT, OMNI BLAZER LLC, AND THE
COLUMBUS -FRANKLIN COUN17Y FINANCE AUTHORITY, A SPECIAL
ASSESSMENT AGREEMENT BY AND BETWEEN THE C -TY OF DUBLIN,
OHIO, THE COUNTY TREASURER OF FRAAKLIN COUNTY, OHIO, THE
COLUMBUS -FRANKLIN COU14TY FINANCE AUTHORITY, THE
COLUMBUS REGIONAL ENERGY SPECIAL IMPROVEMENT DISTRICT,
AND OMNI BLAZER LLC, AND RELATED AGREEMENTS, ALL OF
WHICH PROVIDE FOR THE FINANCING OF SPECIAL ENERGY
IMPROVEMENTS PROJECTS, AND DECLARING AN EMERGENCY
WHEREAS, Omni Blazer LLC (together its affiliates or controlled entities, the "Owner'? has
submitted its Petition for Special Assessments for Special Energy Improvement Projects and
Affdavit(the "Petition') in order to provide for the completion of a special energy improvement
project on real property owned by the Owner in the City of Dublin, Ohio (the "City'); and
WHEREAS, on July 2, 2018 this Council approved the Petition and added the Owner's property
subject to the Petition to the Columbus Regional Energy Special Improvement District (the
"District'); and
WHEREAS, on July 2, 2018, this Council duly adopted a Resolution declaring the necessity of
acquiring, constructing, and improving certain public improvements in the City in cooperation
with the District (the "Resolution of Necessity'); and
WHEREAS, on" 1&�d_ 20,18, this Council passed Ordinance No. 49-18
_1Z
determining to procl with the Project (as defined in the Resolution of Necessity) and
adopted the estimated Special Assessments filed with the Clerk of the Council pursuant to the
Resolution of Necessity; and
WHEREAS, pursuant to Ordinance No. 50-18 passed on , 2018, the City
has levied special assessments against the Property (as deflned6A the Resolution of Necessity)
to pay costs of the special energy improvement project (the "Special Assessments"); and
WHEREAS, the City intends to enter into an Energy Project Cooperative Agreement (the
"Energy Project Cooperative Agreement') with the District, the Owner, and the Columbus -
Franklin County Finance Authority (the "Finance Authority'? to provide for, among other things,
(i) the making of the Project Advance (as defined in the Energy Project Cooperative
Agreement) to pay costs of the Project, (ii) the disbursement of the Project Advance for the
acquisition and construction of the Project and the transfer of the Special Assessments by the
City to the Finance Authority to pay principal and interest and other costs relating to the Project
Advance; and
WHEREAS, to provide for the security for the Project Advance and for administration of
payments on the Project Advance and related matters, the City intends to enter into the Special
Assessment Agreement with the County Treasurer of Franklin County, Ohio, the Finance
Authority, the District, and the Owner;
NO/W. THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio
'0 _of the elected members concurring that:
Section 1. Each capitalized term or definition not otherwise defined in this Ordinance or
by reference to another document shall have the meaning assigned to it in the Resolution of
Necessity.
Section 2. This Council hereby approves the Energy Project Cooperative Agreement, a
copy of which is on file in the office of the Clerk of Council. The City Manager shall sign and
deliver, in the name and on behalf of the City, the Energy Project Cooperative Agreement, in
substantially the form as is now on file with the Clerk of Council. The Energy Project
Cooperative Agreement is approved, together with any changes or amendments that are not
inconsistent with this Ordinance and not substantially adverse to the City and that are
RECORD OF ORDINANCES
Dayton Legal Blank, Inc.
Form No. 30043
Ordinance No. Passed Page 2 of 2 20
approved by the City Manager on behalf of the City, all of which shall be conclusively evidenced
by the signing of the Energy Project Cooperative Agreement or amendments to the Energy
Project Cooperative Agreement.
Section 3. This Council hereby approves the Special Assessment Agreement a copy of
which is on file in the office of the Clerk of Council. The City Manager shall sign and deliver,
in the name and on behalf of the City, the "Special Assessment Agreement, in substantially the
form as is now on file with the Clerk of Council. The Special Assessment Agreement is
approved, together with any changes or amendments that are not inconsistent with this
Ordinance and not substantially adverse to the City and that are approved by the City Manager
on behalf of the City, all of which shall be conclusively evidenced by the signing of the Special
Assessment Agreement or amendments to the Special Assessment Agreement.
Section 4. The City is hereby authorized to enter into such other agreements that are not
inconsistent with the Resolution of Necessity and this Ordinance and that are approved by the
City Manager on behalf of the City, all of which shall be conclusively evidenced by the signing
of such agreements or any amendments to such agreements.
Section 5. 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 and of any of its committees that resulted
in such formal action, were in meetings open to the public, in compliance with all legal
requirements including Ohio Revised Code Section 121.22.
Section 6. Under Section 4.04 of the Charter of the City, this Ordinance is an Ordinance
for improvements petitioned for by owners of the requisite majority (100%) of the front
footage or the area of the property bene-fited and to be assessed, and declared to be an
emergency measure nfece�saor the immediate preservation of the public peace, health,
safety, or welfare of thfor the further reason that this Ordinance is required to be
immediately effective o facilitate the construction of the Project; wherefore, this
Ordinance shall be in fd effect immediately upon its passage.
Sidn�d:
Mayor —Presiding Wcer
Attest:
Clerk of Council
Passed: 2018
Effective: , 2018
GENERAL CERTIFICATE
Dated: August 28, 2018
The undersigned, Anne C. Clarke, of the City of Dublin, Ohio (the "City"), hereby certifies
as follows:
1. The following individuals were officers of the City and members of City Council
during the period July 1, 2018 through the date of this Certificate:
City Manager
Dana L. McDaniel
Finance Director
Angel L. Mumma
Director of Law
Jennifer D. Readler
Clerk of Council
Anne C. Clarke
Mayor
Gregory S. Peterson
Vice Mayor
Chris Amorose Groomes
Member of Council
Christina A. Alutto
Member of Council
Cathy De Rosa
Member of Council
Jane E. Fox
Member of Council
Michael H. Keenan
Member of Council
John G. Reiner
2. Regular meetings of the Council of the City are held at 7:00 p.m. on the second and
fourth Monday of each month at City Hall, 5200 Emerald Parkway, Dublin, Ohio.
3. On or before July 2, 2018 and prior to the approval of Resolution No. 38-18 and
Resolution No. 39-18, the following items were on file in the office of the Clerk of Council:
(A) The Petition for Special Assessments for Special Energy Improvement
Projects (the "Petition"); and
(B) Columbus Regional Energy Special Improvement District Program Plan
Supplement to Plan for 4860-5000 Blazer Parkway, Dublin, Ohio (the "Plan");
4. For the period July 1, 2017 through the date of this Certificate, Colleen M. Gilger,
the Director of Economic Development, and Jeremiah L. Gracia, the Economic Development
Administrator, have been duly appointed by the City to serve as directors on the Board of Directors
of the Bexley, Columbus, Dublin, Grove City, Hilliard, Perry Township, Whitehall, Worthington,
Regional Energy Special Improvement District (the "District'), all pursuant to Ohio Revised Code
Chapter 1710 and the Articles of Incorporation of the District, as amended and on file with the
Secretary of State of Ohio as of November 22, 2016.
5. On or before August 13, 2018 and prior to the approval of (i) Ordinance No. 49-18,
(ii) Ordinance No. 50-18, and (iii) Ordinance No. 51-18, the following items were on file in the
office of the City Clerk:
(A) The Petition;
(B) The Plan;
(C) A substantially final form of the Special Assessment Agreement; and
(D) A substantially final form of the Energy Project Cooperative Agreement.
6. With respect to the proceedings pertaining to Resolution No. 38-18, Resolution No.
39-18, Ordinance No. 49-18, Ordinance No. 50-18, and Ordinance No. 51-18 (the "Assessment
Proceedings"):
(A) All meetings of the City Council, and of its committees and any other public
bodies, at which the formal actions pertaining to the Assessment Proceedings were taken,
or at which deliberations that resulted in such formal actions were held, were open
meetings, and such formal actions were taken and any such deliberations took place while
such meetings were open to the public, in compliance with all legal requirements, including
Ohio Revised Code Section 121.22.
(B) All requirements and procedures for giving notice and notification of the
meetings referred to in paragraph (A) above were complied with and any person could have
determined, in advance of any such meeting, the time and place of any regular meeting and
the time, place and purposes of any special meeting by contacting the offices of the City
during regular business hours.
[Signature Page Follows]
2
Iv
By ,P ° a�' .,
VAII
Name: Anne C. Clarke
Title: --Clerk of Council
[Signature Page to General. Certificate of City of Dubfin, Ohio]
• rost ,
rown TddLLG
ATTORNEYS
August 28, 2018
Columbus -Franklin County Finance Authority
Columbus, Ohio
Bricker & Eckler LLP
Columbus, Ohio
Re: City of Dublin, Ohio Special Assessments With Respect to Bexley, Columbus,
Dublin, Grove City, Hilliard, Perry Township, Whitehall, Worthington, Regional
Energy Special Improvement District
Ladies and Gentlemen:
I am the Law Director of the City of Dublin, Ohio, a municipal corporation in the State of
Ohio (the "City"). I have provided advice to the City in connection with a special assessment
levied by the City with respect to a special energy improvement project undertaken by the Bexley,
Columbus, Dublin, Grove City, Hilliard, Perry Township, Whitehall, Worthington, Regional
Energy Special Improvement District (the "District") and Omni Blazer LLC (the "Owner"). I am
delivering this opinion letter, as requested by the Columbus -Franklin County Finance Authority,
an Ohio port authority and body corporate and politic (the "Finance Authority"), as the provider
of the "Project Advance," as that term is defined in the Energy Project Cooperative Agreement
dated as of August 28, 2018 (the "Energy Project Cooperative Agreement") by and between the
District, the Owner, the Finance Authority, and the City. All terms used in this opinion letter
with initial capitalization when the rules of grammar would not so require and not defined in this
opinion letter shall have the meanings given them in the Energy Project Cooperative Agreement.
I have examined the original, certified copies or copies otherwise identified to my
satisfaction as being true copies of the following:
a. A copy of the Energy Project Cooperative Agreement, executed by the City;
b. A copy of the Special Assessment Agreement, dated as of August 28, 2018 (the
"Special Assessment Agreement") by and among the County Treasurer of
Franklin County, Ohio (the "Treasurer"), the City, the Finance Authority, the
District, and the Owner, executed by the City;
C. The Petition for Special Assessments for Special Energy Improvement Projects
(the "Petition"), filed by the Owner on or before July 2, 2018, requesting that the
City levy special assessments on certain real property to pay the costs of certain
special energy improvement projects;
d. Columbus Regional Energy Special Improvement District Program Plan—
Supplement to Plan for 4860-5000 Blazer Parkway, Dublin, Ohio (the "Plan"),
describing the special energy improvement projects to be constructed, acquired,
equipped, installed, and improved within the District pursuant to the Petition;
e. A certified copy of Resolution No. V]-18 (the "Approving Resolution"), adopted
by the Council of the City (the "City Council") on July 2, 2018;
f. A certified copy of Resolution No. 'W
(the "Resolution of Necessity"),
adopted by the City Council on July 2, 2018;
g. A certified copy of Ordinance No. JU-18 (the "Ordinance to Proceed"), adopted
by the City Council on August 27, 2018;
h. A certified copy of Ordinance No. W-18 (the "Ordinance Levying
Assessments"), adopted by the City Council on August 27, 2018; and
A certified copy of Ordinance No. M-18 (the "Ordinance Approving Project
Documents"), adopted by the City Council on August 27, 2018.
The Petition, the Plan, the Approving Resolution, the Resolution of Necessity, the Ordinance to
Proceed, the Ordinance Levying Assessments, and the Ordinance Approving Project Documents
are referred to in this opinion letter as the "Assessment Proceedings."
From such examination, it is my opinion, as Law Director of the City, that:
The City is duly organized and validly existing as a municipal corporation and
political subdivision of the State of Ohio.
2. The City has full legal right, power and authority to enter into and perform its
obligations under the Energy Project Cooperative Agreement and the Special
Assessment Agreement.
3. The Energy Project Cooperative Agreement and the Special Assessment
Agreement have each been duly authorized, executed and delivered by the City.
4. The execution and delivery of the Energy Project Cooperative Agreement and the
Special Assessment Agreement, the performance by the City of its obligations
-2-
thereunder, the provisions thereof, and the consummation by the City of the
transactions contemplated thereby, including the provisions regarding assignment
of the special assessments levied by the Assessment Proceedings, will not to the
best of my knowledge without independent examination, violate, conflict with or
constitute on the part of the City a breach of or a default under: (i) any applicable
Ohio or federal law, including any usury law or any other law, -administrative
regulation, court order or consent decree of the State of Ohio or any department,
division, agency or instrumentality thereof or of the United States to which the
City is subject; or (ii) any agreement, resolution, or instrument to which the City
is a party or by which its property is bound.
5. There is not pending or, to the best of my knowledge without independent
inquiry, threatened against the City any action, suit or proceeding at law or in
equity or before any court, tribunal, government body, agency or official or any
arbitrator that is likely to affect the legality, validity, or enforceability against the
City of the Energy Project Cooperative Agreement, the Special Assessment
Agreement or the Assessment Proceedings or its ability to perform its obligations
under the Energy Project Cooperative Agreement, the Special Assessment
Agreement or the Assessment Proceedings.
In rendering the opinions expressed above, and in my examination of the documents
described above, I have assumed the genuineness of all signatures (other than signatures of
officers or officials of the City), the authenticity of documents submitted to me as originals, the
conformity with the original documents of all documents submitted to me as copies, and the
authenticity of the originals of such latter documents. I have relied upon written statements of
governmental officials and officers and other representatives of the City and upon
representations made in or pursuant to documents, and I have assumed compliance on the part of
the City with its covenants and agreements in the documents, and the accuracy of the
representations and warranties therein.
I have also assumed: (i) the due existence of each such other party to the Energy Project
Cooperative Agreement and Special Assessment Agreement; (ii) the legal right and power of
each such other party under all applicable laws and regulations to execute, deliver and perform
their respective obligations under the Energy Project Cooperative Agreement and Special
Assessment Agreement; (iii) the due authorization, execution, delivery and performance by each
such other party of the respective Energy Project Cooperative Agreement and Special
Assessment Agreement to which they are parties; and (iv) the validity, binding effect and
enforceability in accordance with their respective terms against each such other party of the
Energy Project Cooperative Agreement and Special Assessment Agreement.
This opinion letter is limited to the matters expressly stated above: This opinion letter is
delivered solely to the addressees listed above and may not be relied upon by any other persons
for any reason without my consent.
It is the responsibility of the addressee to evaluate the accuracy, completeness and
usefulness of any opinion, answer or other content in this opinion letter. Please seek the advice of
professionals, as appropriate. This opinion letter does is not intended to and does not create an
-3-
attorney-client privilege between the undersigned and the addressee, and under no circumstances
will the undersigned, the City, or the District be liable for any loss or damage caused by an
addressee's reliance on information contained in this opinion letter.
Respectfully ubm'tted,
Skn fifer adler
La Director
M
Ordinance 51-18
Cid of Dublin office of the City Manager
5200 Emerald Parkway ® Dublin, OH 43017-1090
Phone, 614-410-4400 s Fax; 614-410-4490 —Memo
To: Members of Dublin City Council i
From; Dana L, McDaniel, City Mana
Date; August 9, 2018
Initiated By, Colleen Gilger, Director of Economic Development
Jeremiah Gracia, Economic Development Administrator
Rachel Ray, Economic Development Administrator
Re., Ordinances 49-18, 50-18 and 51-18 - RE: Property Assessed Clean Energy
(PACE) Special Improvement for 4860-5000 Blazer Parkway
Background
The City of Dublin is focused on setting appropriate conditions to encourage investment and
economic development, City Council continues to support our strategies and tactics to ensure
Dublin's office space remains competitive in the market as supported by the Dublin Corporate Area
Plan, One particular tool the economic development team has brought to existing building owners'
attention is the use a favorable financing tool for major building energy efficiency improvements,
Property Assessed Clean Energy (PACE) programs represent a great mechanism available for
financing energy efficiency and renewable energy improvement projects. PACE -enabling legislation
is active in 33 states plus the District of Columbia, and PACE programs are now active (launched
and operating) in 19 states plus DC. PACE allows qualifying energy improvements to be financed
through assessments on a property owner's real estate tax bill. A summary of PACE is provided as
an attachment to this memo,
PACE special assessments are used to secure local government bonds issued to fund the
improvements without requiring the borrower or the sponsoring local government to pledge its
credit, By allowing participating property owners to pay for energy improvements to their
properties via a bond issue tied to a special assessment on their property tax bill, PACE financing
enables property owners to reduce energy costs with little to no upfront investment.
Financing for PACE eligible projects in Central Ohio is provided by the Columbus -Franklin County
Finance Authority (Finance Authority), The Finance Authority established the Columbus Regional
Special Improvement District that allows for additional properties within the City of Columbus, Ohio
and within any municipal corporation or township that is adjacent to any other municipal
corporation or township to opt -in to the District. Projects between $200,000 - $6,000,000 may be
financed through the Finance Authority's bond fund, Eligible uses of funds include LED lighting,
energy management and controls that includes, HVAC and boiler replacement, building envelope,
and other improvements that result in bottom line operation savings for building owners and
tenants,
The building ownership at 4860-5000 Blazer Parkway is requesting the use of PACE Financing for
its energy efficiency improvement project totaling $816,630, A signed PACE Project Development
Memo re, Ord, 49-18, 50-18 and 51-18 m PACE for 4860.5000 Blazer Parkway
August 9, 2018
Page 2 of 3
Agreement has been executed between the owner, Omni Blazer LLC, and the project manager,
Plug Smart, The scope of work includes LED lighting upgrades, HVAC Upgrades, and other
temperature control upgrades. In order to satisfy this request, the City of Dublin must pass a
series of Resolutions and Ordinances, These Resolutions and Ordinances allow building ownership
to opt -in to the Regional Special Improvement District,
The City has no financial obligations with the establishment of a Special Improvement District for
this project, The City simply serves as a pass through entity for the project financing, Therefore,
these Ordinances set for reading on August 13 and 27 are titled as emergencies to allow for
closing to take place following the second reading on August 27, 2018, Timing is of the essence for
these documents so that the building owner may schedule a closing and complete the necessary
energy improvements to their office building.
Recommendation
Staff recommends Council passage of Ordinance Nos, 49-18, 50.18 and 51-18 by emergency at
the second reading/public hearing on August 27, 2018. Please feel free to contact Jeremiah Gracia
or Rachel Ray with any questions,
Memo re, Ord, 49.18, 50.18 at 5Id8 • PACE for 4860.5000 Blazer Parkway
August 9, 2018
Page 3 of 3
111
WHAT IS PACE?
Property Assessed Clean Energy IPACEI k a hnancmq meahannm That mabits
Irnvcasl long-term hridim for energy elhciemy, ancwable energy and water
Conservation prge(t5 call hmmcing is repaid as anasseunenl on the propnlys
regular lax NII, and n processed the same way as other local public benehl
assessments (sidewalks, sewersl It been la dxadeL Depending on local
legislation PACE can be used Ci commeroal, nonprohtand residential preperhK
HOW DOES IT WORK?
PACT is anadmalinioatiwe, but programs areeslablshed Iocallyand taiks red tomeet
regional market needs, Slate IerpsWuon a passed that althoriaes municipal
to tell PACE programs, and local grnernments have dewbped a variety of
Irrogmm models that have been lucCesslully Implemented. Regardless of model,
there are several keystones that hold uxfor every PACE until
PACE is votumaryfor all parties uwolwd,
PACE can Cavin ll a prgafs hard and soft costs.
tong financing terms up to 20 years
(an be combined with utility, tical and federal Intel programs,
Energy projects are pnnwnently affixed to a properly.
The PACEasseument is fr edwith the local nwnklpalhyasa lbnonthepmpeny,
WHY IS IT SO POPULAR?
Property owNrs love PACE because they can rued pmM[Is with no oW-abpaMet
costs .SilPACE financing termsintend tol0years, IfspossibletouMntaEedeep,
cnnphehensfve se la (hal haw meaningful energy savings and a spnlhaanl
impact on the bottom IIx, The annual energy s usrgs for a PACE pho ect usually
exceedstheannual assessment payment sopmpertyownes5are cast, flow Costive
immedlatehy. Thal means there are increased dollars flat Can be spent on other
capital pralects, budgetary expenses, or budness expamlon.
Localgovemmenls love PACE because ll'sm Ctonen idhwiopment no auve that
lowers the cost of doing business in Iheh canmumtyit encourages new business
owners to Invest in the area, and Coates jobs using the dotal worlrgm. PAC[
projects also have a pool impact of all quality, crealing healthel more livabee
nctghItAounit
HOW CAN I GET PACE?
wwA..PAC[Natimnus has all llw loads and resources you Ned to qct staAed with
PACE, Check to see if your Rate has passed a PACE slalule, and it your area has an
a If I Ve program d AOL Contact u s Wool Ouul t here er a local initial I vein dew lot
and we may be All to put you in hooch with a waking coaltlon. We look forward
to headnq from you'
BENEFITS OF PACE