Ordinance 053-18RECORD OF ORDINANCES
Dayton Legal Blank, Inc.
Ordinance No. 53-18
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") duly
adopted Resolution No 18 on ����tS� j _ ], 2018 (the "Resolution of
Necessity") 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, a high -efficiency natural gas boiler, a
high -efficiency replacement cooling tower, variable flow upgrades, MUA unit upgrades,
elevator upgrades, tridium controls, 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. 18 on
14D�o s+ , 2018 and
determined to proceed with the Project and adopted the 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;
NOW THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, 'I 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 $1,350,413.02, 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 2019
for collection in 2020 and shall continue through tax year 2029 for collection in 2030;
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 2020, then the collection schedule may be deferred by one year.
The annual installment of the Special Assessments 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.
Dayton Legal Blank, Inc.
Ordinance No. 53-18
RECORD OF ORDINANCES
- - -- Form No. 30043 -
Passed Page 2 of 4 20
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 Revised 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 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 welfare of the City and for the further reason that this Ordinance is
required to be immediately effective in order to facilitate the construction of the Project;
wherefore, this Ordinance shall be in full force and effect immediately upon its passage.
[Signature Page Follows]
Dayton Legal Blank, Inc.
On
RECORD OF ORDINANCES
C,Vk of C(Yuncil
Passed: [ �� ], 2018
Effective: C) ], 2018
Form No. 30043
Page 3 of 4
'd , 20
Ordinance 53-18 ---- EXHIBITA
01-115 Dublin LLC
LIST OF SPECIAL ASSESSMENTS AND
SCHEDULE OF SPECIAL ASSESSMENTS
LIST OF SPECIA1, ASSESSMENTS
Portion of
Assessed
Benefit and
Amount of
Properties
Special
Special
D c r �it i Q_
Assessment
Assessments
27-3-001343-00
100%
$1,350,413.02
0
Ordinance 53-18 EXHIBIT" A
SCHEDULE OF SPECIAL ASSES SMEN-l"S
FOR FRANKLIN COUNTY PARCEL NOS.:
273-001,343-00*
T'he -following schedule of Special Assessment charges shall be certified for
collection in 22 sei-ai-annual installments to be collected with first-half and second -half
real property taxes in calendar years 2W.20 through 2030:
ec'a.1 Assessment
Special. Assessment
Pavment Date"
y I
Januar20
02
Installment Amount***
$61 13 821
.4
Y I
.Ju I ty 13 1, 20020
61,382.41
January 31, 2021,
-I
6 1 1113 82.4 1.
r_J1 lu- 31, 2021
61 t3 82.4 1,
January 31, 2022
61,382.41 .
J �It 31, 202.2
61 �3 82A1 _. µ 4.
January 31, 20231
61.382.41,
Ju r 3 1!1 2023
61,382.41
Jartuary 31, 2024
6 1.3 82.4 1,
Duly 31, 2024
6 1,3 82.41
Janu 31, 2025
61,382.41.
�y 31, 2015
61382.41
Jany:+ y__31, 20]2�6
61,382.41
July
6 1!3 82.41
January 31, 2027
6 1,3 82.41
Jiyly - 1, 20'27
6 1,3 82.41
Janu,,ary 31, 20,28
8 2.41.
y 3 1 '1028
jj�j, la
61 382.41
Jan��4�y 31. 20"29
July 3 1, 2029
6 111 3 82.4 1,
I
Ju 31, 2030
61 �3 82.41
* As identified in the records of the County Auditor of Franklin County, Ohio as of June
20 2018.
Pursuant to Ohio Revised Code Chapter 323, the Special Assessment Payment Dates
identified in this Schedule of Special. Assessments are sut to adjustment by the County
0
Auditor of Franklin County, Ohio under certain conditions.
*** "rhe County Auditor of Frankh n.County,, Ohio niay impose a special. assessment
collection fee with respect to eacb. semi-annual Special Assessment payment. If imposed,
Ordinance 53-18 -- EXHIBI'r A
4
this special assessment collection fee wil.], be added by the County Auditor of Frankfin
County, Ohio to each, sen-ii-antival Special Assessment, ayment.
P
CERTIFICATE
TundersignedDublin, ON dinance No.� Clerk f Council ertz � s : t foregoing t copy
8 Orrt, . duly adopted by the Council of the City ofo on
w �..
2018, and that a tree copy of such Ordinance was certified . to the County Auditor
of Franklin Cunt r io within 0 days afar its passage.
tn
CI "v (of Dublin, Ohio
.Y t
111ZE.C.E.I.PTOF COUNTY AUDITOR FOR
LA
F"GIS.LA"TION LEVYING SPECIAL Assess ME--,NT`S
FOIZ. TFIE PIJRPOSE OF A(:.Qt
Ij R.IN GC.(.�.NS.- �TRt LjCa,,-'LN Ga
AND IMPROVENG"CERTAIN PUBLIC IMPROVEMENTS
ON WITH
M TTIE CITY 01"' DUB I `41N. 01110 IN COOPERATI
'rtlE COLUMBUS REGIONAL ENERGY
SPECIAL IMPROVEMEM"' DISTRICT
A Clarence E. Mingo 11, the duly elected, qualified, and acting Auditor ]in and for Franklin
County, Ohio hereby certil-V that a certified copy of Ordinance No. -18 duly adopted by the
Council of the City of Dublin, Ohio onig pecial sthe asessments for
___], 201.8 levy* ns
purpose of acquiring,, constructing, and in�proving certain public improvements in the City of DubI 'inn
Ohio in cooperation. with the Columbus Regional Energy Special Iniprovement District., including
.1
the List of Special Assessments and, Schedule of Special Assessments, which Special Assessment
charges shall be certified for collection in 22 semi-annual installments to be collected with first-
half and second -half real property taxes in calendar years 2020 through. 2030, was filed in this
office on ,2018.
:°..: WES my hand and official seal. at Columbus, Ohio on 2018.
Auditor
[SEAL] Franklin County,, Ohio