Ordinance 050-18Dayton Legal Blank, Inc.
Ordinance No. 50-18
RECORD OF ORDINANCES
Form No. 30043
Passed .20.
AN ORDINANCE LEVYING SPECIAL ASSESSMENTS FOR THE
PURPOSE OF ACQUIRING, CONSTRUCTING, AND IMPROVING
CERTAIN PUBLIC IMPROVEMENTS IN THE CITY OF DUBLIN, OHIO IN
COOPERATION WITH THE COLUMBUS REGIONAL ENERGY SPECIAL
IMPROVEMENT DISTRICT, AND DECLARING AN EMERGENCY
WHEREAS, this Council (the "Council") of the City of Dublin, Ohio (the "City's duly
adopted Resolution No. 39-18 on July 2, 2018 (the "Resolution of Necessity's and declared
the necessity of acquiring, constructing, improving and installing energy efficiency
improvements on its real property, including, without limitation, high -efficiency LED
lighting upgrades, HVAC and DDC control upgrades, and related improvements (the
"Project', as described in the Resolution of Necessity and as set forth in the Petition
requesting those improvements; and
WHEREAS, this Council duly passed Ordinance No. 49-18 on I.tS� 2018
and determined to proceed with the Project and adopted tho estimated Special
Assessments (as defined in the Resolution of Necessity) filed with the Clerk of Council and
the Director of Finance pursuant to the Resolution of Necessity; and
WHEREAS, the actual costs of the Project have been ascertained and have been certified
to the City in the Petition and the Supplemental Plan for the Project;
NOWT REFORE, BE IT ORDAINED by the Council of the City of Dublin, State of
Ohio, of the elected members concurring that:
Section 1. Each capitalized term 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. The list of Special Assessments to be levied and assessed on the Property
in an amount sufficient to pay the costs of the Project, which is $1,345,914.48, including
other related financing costs incurred in connection with the issuance, sale, and servicing of
securities, nonprofit corporate obligations,, or other obligations issued to pay costs of the
Project in anticipation of the receipt of the Special Assessments, capitalized interest on, and
financing reserve funds for, such securities, nonprofit corporate obligations, or other
obligations so issued, including any credit enhancement fees, trustee fees, and District
administrative fees and expenses, which costs were set forth in the Petition and previously
reported to this Council and are now on file in the* offices of the Clerk of Council and the
Director of Finance, is adopted and confirmed, and that the Special Assessments are levied
and assessed on the Property. The interest portion of the Special Assessments, which shall
accrue at the annual rate of 5.50%, together with amounts used to pay administrative
expenses, has been determined by the Columbus -Franklin County Finance Authority (the
"Authority"} to be substantially equivalent to the fair market rate that would have been
borne by notes or bonds been issued by the Authority, which Authority is working
cooperatively with the District and the City to facilitate the financing of the costs of the
Project.
The Special Assessments are assessed against the Property commencing in tax year 2018
for collection in 2019 and shall continue through tax year 2034 for collection in 2035;
provided, however, if the proceedings relating to the Special Assessments are completed
at such time that the County Auditor of Franklin County, Ohio determines that collections
shall not commence in 2019, then the collection schedule may be deferred by one year.
The annual installment of the Special AssE!ssments shall be collected in each calendar year
equal to a maximum annual amount of Special, Assessments as shown in Exhibit A,
attached hereto and incorporated into this Ordinance.
The Property is currently configured as one parcel in the records of the County Auditor of
Franklin County, Ohio containing three buildings. Under the Petition the Owner requested
that in the event that at any time after the date of the Petition and prior to the payment
in full of all installments of the Special Assessments the Property is subdivided, such that
Dayton Legal Blank, Inc.
Ordinance No.
50'17
RECORD OF ORDINANCES
Passed Page 2 of 3
Form No. 30043
20
any resulting parcel or parcels contain any one or more of the buildings, the Special
Assessments be allocated among the buildings as follows:
Building Percentage of Special
Assessments
4860-4936 Blazer Parkway (77,481 sq. ft. building) 42.00%
4940-4950 Blazer Parkway (24,106 sq. ft. building) 26.00%
4960-5000 Blazer Parkway (24,609 sq. ft. building) 32.00%
The Petition further certified to the City, and this Council hereby finds and determines,
that the portions of the Special Assessments allocated to each of the buildings as shown
above are in proportion to, and do not exceed, the special benefits to be conferred on the
building by the Project. In the event that at any time after the date of this Ordinance and
prior to the payment in full of all installments of the Special Assessments the Property is
subdivided, such that any resulting parcel or parcels contain any one or more of the
buildings, the Special Assessments shall be allocated among the buildings in the
proportions set forth above.
All Special Assessments shall be certified by the Director of Finance to the County Auditor
pursuant to the Petition and Ohio Revised Code Chapter 727.33 to be placed on the tax
list and duplicate and collected with and in the same manner as real property taxes are
collected and as set forth in the Petition.
The Special Assessments shall be allocated among the parcels constituting the Property
as set forth in the Petition and the List: of Special Assessments attached hereto and
incorporated into this Ordinance as Exhibit A.
Section 3. This Council finds and determines that the Special Assessments are in
proportion to the special benefits received by the Property as set forth in the Petition and
are not in excess of any applicable statutory limitation.
Section 4. The Owner has waived its right to pay the Special Assessments in cash,
and all Special Assessments and installments of the Special Assessments shall be certified
by the Director of Finance to the County Auditor of Franklin County, Ohio as provided by
the Petition and Ohio Revised Code Section 727.33 to be placed by him or her on the tax
list and duplicate and collected with and in the same manner as real property taxes are
collected and as set forth in the Petition.
Section 5. The Special Assessments will be used by the City to pay the cost of the
Project in cooperation with the District in any manner, including assigning the Special
Assessments actually received by the City to the District or to another party the City deems
appropriate, and the Special Assessments are appropriated for such purposes.
Section 6. The Director of Finance shall keep the Special Assessments on file in the
office of the Director of Finance.
Section 7. In compliance with Ohio F:evised Code Section 319.61, the Clerk of the
Council is directed to deliver a certified copy of this Ordinance to the County Auditor of
Franklin County, Ohio within 20 days after its passage.
Section 8. 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 9. 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
Dayton Legal Blank, Inc.
Ordinance No.
50-17
RECORD OF ORDINANCES
Form No. 30043
Passed Page 3 of 3 20
the front footage or the area of the property benefited and to be assessed, and declared
to be an emergency measure necessary for the immediate preservation of the public
peace, health, safety, or welfar of the City and for the further reason that this Ordinance
is re ed to be immediatel ective in order to facilitate the construction of the Project;
wh efdre. this OrdinancP all hP in fi ill fnrrP anel PffPrt- immPrliat-Aly i innn it -c naccan
Sildned:
M yor — PrL�sJcXng OfFVr
est: v
Clerk of Council
Passed: c9r7,2018
0
Effective:c.,-C , 2018
EXHIBIT A
LIST OF SPECIAL ASSESSMENTS AND
SCHEDULE OF SPECIAL ASSESSMENTS
LIST OF SPECIAL ASSESSMENTS
Under Section 2 of the foregoing Ordinance, if the Assessed Properties described above
are subdivided such that the resulting parcel or parcels contain any one or more of the
buildings currently situated on the Assessed Properties, the portions of the special
assessments that shall be allocated to each of the resulting parcels, based on the buildings
which are situated on those resulting parcels, shall be as follows:
Building
4860-4936 Blazer Parkway (77,481 sq. ft. building)
4940-4950 Blazer Parkway (24,106 sq. ft. building)
4960-5000 Blazer Parkway (24,609 sq. ft. building)
A-1
Percentage of Special
Assessments
42.00%
26.00%
32.00%
Portion of
Assessed
Benefit and
Amount of
Properties
Special
Special
Name Description
Assessment
Assessments
Omni Blazer, LLC 273-003095-00
100%*
$1,345,914.48
Under Section 2 of the foregoing Ordinance, if the Assessed Properties described above
are subdivided such that the resulting parcel or parcels contain any one or more of the
buildings currently situated on the Assessed Properties, the portions of the special
assessments that shall be allocated to each of the resulting parcels, based on the buildings
which are situated on those resulting parcels, shall be as follows:
Building
4860-4936 Blazer Parkway (77,481 sq. ft. building)
4940-4950 Blazer Parkway (24,106 sq. ft. building)
4960-5000 Blazer Parkway (24,609 sq. ft. building)
A-1
Percentage of Special
Assessments
42.00%
26.00%
32.00%
SCHEDULE OF SPECIAL ASSESSMENTS
FOR FRANKLIN COUNTY PARCEL NOS.:
273-003095-00*
The following schedule of Special Assessment charges shall be certified for
collection in 34 semi-annual installments to be collected with first-half and second -half
real property taxes in calendar years 2019 through 2035:
Special Assessment
Payment Date
Special Assessment
Installment Amount
January 31, 2019
$39,585.72
July 31, 2019
39,585.72
January 31, 2020
39,585.72
July 31, 2020
39,585.72
January 31, 2021
39,585.72
July 31, 2021
39,585.72
January 31, 2022
39,585.72
July 31, 2022
39,585.72
January 31, 2023
39,585.72
July 31, 2023
39,585.72
January 31, 2024
39,585.72
July 31, 2024
39,585.72
January 31, 2025
39,585.72
July 31, 2025
39,585.72
January 31, 2026
39,585.72
July 31, 2026
39,585.72
January 31, 2027
39,585.72
July 31, 2027
39,585.72
January 31, 2028
39,585.72
July 31, 2028
39,585.72
January 31, 2029
39,585.72
July 31, 2029
39,585.72
January 31, 2030
39,585.72
July 31, 2030
39,585.72
January 31, 2031
39,585.72
July 31, 2031
39,585.72
January 31, 2032
39,585.72
July 31, 2032
39,585.72
January 31, 2033
39,585.72
July 31, 2033
39,585.72
January 31, 2034
39,585.72
July 31, 2034
39,585.72
January 31, 2035
39,585.72
July 31, 2035
39,585.72
A-2
* As identified in the records of the County Auditor of Franklin County, Ohio as of June
25, 2018.
* * Pursuant to Ohio Revised Code Chapter 323, the Special Assessment Payment Dates
identified in this Schedule of Special Assessments are subject to adjustment by the County
Auditor of Franklin County, Ohio under certain conditions.
*** The County Auditor of Franklin County, Ohio may impose a special assessment
collection fee with respect to each semi-annual Special Assessment payment. If imposed,
this special assessment collection fee will be added by the County Auditor of Franklin
County, Ohio to each semi-annual Special Assessment payment.
A-3
('"ERTIFICATE
The undersigned Clerk- of Council hereby certifies that the foregoing is a true copy
of Ordinance No. 18 duly adopted by the Council of the City of Dublin., Ohio on
August 27, 2018, and that a true copy of such Ordinance was certified. to the County Auditor
of Franklin County., Ohio within 20 days after its passage.
Clerk of Council
City of Dublin, Ohio
RECEIPT OF COUNTY AUDITOR FOR
LEGISLATION LEVYING SPECIAL ASSESSMENTS
FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING,
AND IMPROVING CERTAIN PUBLIC IMPROVEMENTS
IN THE CITY OF DUBLIN, OHIO IN COOPERATION WITH
THE COLUMBUS REGIONAL ENERGY
SPECIAL IMPROVEMENT DISTRICT
I, Clarence E. Mingo II, the duly elected, qualified, and acting Auditor in and for Franklin
County, Ohio hereby certify that a certified copy of Ordinance No. -18, duly adopted by the
Council of the City of Dublin, Ohio on August 27, 2018 levying special assessments for the purpose
of acquiring, constructing, and improving certain public improvements in the City of Dublin, Ohio
in cooperation with the Columbus Regional Energy Special Improvement District, including the List
of Special Assessments and Schedule of Special Assessments, which Special Assessment charges
shall be certified for collection in 34 semi-annual installments to be collected with first-half and
second -half real property taxes in calendar years 2019 through 2035, was filed in this office on
12018.
WITNESS my hand and official seal at Columbus, Ohio on 12018.
Auditor
[SEAL] Franklin County, Ohio
Ordinance 50-18
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