Ordinance 003-19RECORD OF ORDINANCES
BARRETT BROTHERS - DAYTON, OHIO Form 6220S
Ordinance No. 03-19 Passed
AN ORDINANCE DETERMINING TO PROCEED
WITH THE ACQUISITION, CONSTRUCTION, AND
IMPROVEMENT OF CERTAIN PUBLIC
IMPROVEMENTS IN THE CITY OF DUBLIN,
OHIO IN COOPERATION WITH THE COLUMBUS
REGIONAL ENERGY SPECIAL IMPROVEMENT
DISTRICT (BRIDGE PARK D BLOCK PROJECT)
WHEREAS, the Council ("Council") of the City of Dublin, Ohio (the "City") duly
adopted Resolution No. 09-19 on February 11, 2019 (the "Resolution of Necessity"), (i)
declaring the necessity of acquiring, constructing, improving, and installing energy
efficiency improvements including, without limitation, lighting retrofits, high -efficiency
HVAC systems, building automation controls, energy efficient roofs, building insulation,
energy efficient windows and doors, and related improvements (the "Project," as more
fully described in the Petition referenced in this Ordinance) located on real property
owned by Scioto Tuller Acquisition, LLC and Creekside Acquisition Columbus
Associates, LLC (the "Owner") and identified by the County Auditor of Franklin County,
Ohio as Parcel Numbers 273-013032, 273-0130295 273-013030 within the City (the
"Property", as more fully described in Exhibit A to the Petition); (ii) providing for the
acquisition, construction, and improvement of the Project by the Owner, as set forth in
the Owner's Petition for Special Assessments for Special Energy Improvement Projects
and Affidavit (the "Petition"), including by levying and collecting special assessments to
be assessed upon the Property (the "Special Assessments") in an amount sufficient to pay
the costs of the Project, which is estimated to be $31,221,830.28, including other related
costs of financing the Project, which may include, without limitation, the payment of
principal of and interest on nonprofit corporate obligations issued to pay the costs of the
Project and other interest, financing, credit enhancement, and issuance expenses and
ongoing trustee fees and Columbus Regional Energy Special Improvement District
("District") administrative fees and expenses; and (iii) determining that the Project will
be treated as a special energy improvement project to be undertaken cooperatively by the
City and the District; and
WHEREAS, the claims for damages alleged to result from, and objections to, the Project
have been waived by one hundred percent (100%) of the Owners, and following notice
of the adoption of the Resolution of Necessity which was personally delivered by the
Clerk of Council to the Owner on February , 2019, no claims for damages alleged to
result from, or objections to, the Project have been filed within the times prescribed by
Sections 727.15 and 727.18 of the Ohio Revised Code.
NOW, THEREFORE, 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 Petition.
Section 2. This Council declares that its intention is to proceed or to cooperate with
the District to proceed with the acquisition, construction, and improvement of the Project
described in the Petition and the Resolution of Necessity. The Project shall be made in
accordance with the provisions of the Resolution of Necessity and with the plans,
specifications, profiles, and estimates of cost previously approved and now on file with
the Director of Finance and the Clerk of Council.
Section 3. The Special Assessments to pay costs of the Project, which are estimated
to be $31,221,830.28 including any and all architectural, engineering, legal, insurance,
consulting, energy auditing, planning, acquisition, installation, construction, surveying,
testing, and inspection costs; the amount of any damages resulting from the Project and
the interest on such damages; the costs incurred in connection with the preparation, levy
and collection of the special assessments; the cost of purchasing and otherwise acquiring
RECORD OF ORDINANCES
BARRETT BROTHERS - DAYTON, OHIO Form 6220S
Ordinance No. 03-19 Passe 2 of 5
any real estate or interests in real estate; expenses of legal services; costs of labor and
material; trustee fees and other financing costs incurred in connection with the issuance
sale, and servicing of securities, nonprofit corporate obligations, or other obligations
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issued or incurred to provide a loan or to secure an advance of funds to the Owner or
otherwise to pay costs of the Project in anticipation of the receipt of the Special
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Assessments, capitalized interest on, and financing reserve funds for such securities
nonprofit corporate obligations, or other obligations so issued or incurred including any
credit enhancement fees, trustee fees, program administration fees, financingservicing
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fees, and District administrative fees and expenses; an amount to reflect interest on unpaid
Special Assessments which shall be treated as part of the cost of the Project for which the
Special Assessments are made at an interest rate which shall be determined by the District
to be substantially equivalent to the fair market rate that would have been borne by notes
or bonds if notes or bonds had been issued by the District or another issuer of notes or
bonds to pay the costs of the Project; together with all other necessary expenditures, shall
be assessed against the Property in the manner and in the number of semi-annual
installments provided in the Petition and the Resolution of Necessity. Each semi-annual
Special Assessment payment represents the payment of aortion of an principal
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repayment and interest and administrative fees payable with respect to the Project. The
Special Assessments shall be assessed against the Propertycommencing in tax year 2020
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collection in 2021 and shall continue through tax year 2047 for collection in 2048 •
provided, however, if the proceedings relating to the Special Assessments are completed
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at such time that the County Auditor of Franklin County, Ohio determines that collections
shall not commence in 2021, then the collection schedule may be deferred b one e
Y y year.
In addition to the Special Assessments, the County Auditor of Franklin Count Ohio
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impose a special assessment collection fee with respect to each semi-annual a
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which amount, if imposed, will be added to the Special Assessments b the
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Auditor of Franklin County, Ohio.
Section 4. The estimated Special Assessments for costs of the Project Projprepared J p p and
filed in the office of the Clerk of Council and in the office of the Director of Finance, in
accordance with the Resolution of Necessity, are adopted.
Section 5. In compliance with Ohio Revised Code Section 319.61 the
Clerk of
Council is directed to deliver a certified copy of this Ordinance to the Count Auditor for of
Franklin County, Ohio within 15 days after the date of itsassa e.
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Section 6. All contracts for the construction of the Project will be let in accordance
ordance
with the Petition, the Program Plan, and the Supplemental Plan and the costs
p of the
Project shall be financed as provided in the Resolution of Necessity.
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Section 7. 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
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of this Council, and that all deliberations of this Council and of an of its committees s that
resulted in such formal action, were in meetings open to theublic in compliance with
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all legal requirements including Ohio Revised Code Section 121.22.
Section 8. Under Section 4.04 of the Charter of the Cit this Ordinance is
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Ordinance for improvements petitioned for by owners of the majority ma
requisite '
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of the front footage or the area of the property benefited and to be assessed and shall be
in full force and effect immediately upon its passage.
[Signature Page Follows]
RECORD OF ORDINANCES
BARRETT BROTHERS - DAYTON, OHIO
Ordinance No. 03-19
Sia4d:
[�fyor — Pres ifn g Officer
ttest:
A I-, /j 11/'il� 1111-d / A f /, /, -
Clerk of Council
Passed: February , 2019
Effective: Februaryo, , 2019
Pu�Pa,� 3 of 5
Form 6220S
To: Members of Dublin City Council
a
From.* Dana L. McDaniel, City Man
Date.: February 5, 2019
Ini"U'ated By,: Colleen Gilger, Director of Economic Development
Jeremiah GraciaEconomic Development Administrator
Re:, Resolution Nos. 08-19 and 09-19
Ordinance Nos. 03-19, 04-19 and 05-19
Property Assessed Clean Energy (PACE) Special Improvement for Bridge Park
Block D
Property Assessed Clean Energy (PACE) programs represent a great mechanism available for
financing energy efficiency and renewable energy improvement projects. PACE allows qualifying
tnergy 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.]
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 rinancing. Therefore,
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building ownership may request future Ordinances to oe passed as emergencies to allow for
closing to take place following the second reading on February 25, 2019. That decision will be at
the sole discretion of Dublin City Council.
Staff recommends Council approve Resolution Nos. 08-19 and 09-19 on February 11, 2019 and
Ordinances Nos. 03-19, 04-19 and 05-19 on February 25, 2019. Please contact Jeremiah Gracia
with any questions.
Memo re. PACE fat Bridge Pah Block D
Febmary 5, 2019
Page 2 oft
WHAT IS PACE?
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WHY IS IT SO POPULAR?
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rtcvfitr Wt Fare Indiangful ei Ni and a sgnhfiwt
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BENEFITS OF PACE
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24
CERTIFICATE
The -undersigned Clerk of Council hereby certifies that the e
foregoinis a tru
g copy
aV, ]-19 duly adopted by the Council of the City of Dublin, Ohio on
of�qrdin. No.
2019, and that a true copy of such Ordinance was certiffied to the County
Auditor of Franklin County, Ohio within 15 days after its passage.
Clerk of the Council
City of Dubl in, Ohio
RF-,VEIPT OF COUNTY AUDITOR FOR
LEGISLATION DETERMINING TO
PROCEED WITH ACQ111SITI CONSTRUCTION,,
AND IMPROVEMENT OF CERTAIN PUBLIC
IMPROVEMENTS IN THE CITY OF DUBL HIO
IN COOPERATION - WITH THE COLUMBUS REGIONAL
ENERGY SPECIAL IMPROVEMENT DISTRICT
1, Clarence E. Mingo 11, the duly elected, qualified, and. acting Auditor in and for
Franklin County, Ohio hereby certify that a certified copy of Ordinance No. 49 duly
adopted by the Council of the City of Dublin, Ohio on [ -_], 2019, determining to
0 it- I
proceed with the acquisi ton, construction, and improvement of certain public improvements
a-1 the City of blin, Ohio in cooperation with the Columbus Regional Energy Special
Improvement District, was filed in this office on 2019.
WITNESS my hand and official seal. at Columbus, Ohio on 2019.
Auditor
[SEAL] Franklin County, Ohio