Ordinance 108-14Dayton Legal Blank, Inc.
Ordinance No.
RECORD OF ORDINANCES
Form No. 30043
Passed , 20
AN ORDINANCE DECLARING THE IMPROVEMENT TO
CERTAIN PARCELS OF REAL PROPERTY TO BE A PUBLIC
PURPOSE AND EXEMPT FROM TAXATION; ESTABLISHING A
MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT
EQUIVALENT FUND AND PROVIDING FOR THE COLLECTION
AND DEPOSIT OF SERVICE PAYMENTS INTO THAT FUND;
SPECIFYING THE PUBLIC INFRASTRUCTURE
IMPROVEMENTS DIRECTLY BENEFITING THE PARCELS;
AND AUTHORIZING MAKE -WHOLE COMPENSATION
PAYMENTS TO THE JONATHAN ALDER LOCAL SCHOOL
DISTRICT AND THE TOLLES CAREER AND TECHNICAL
CENTER. (WEST INNOVATION TIF)
WHEREAS, Ohio Revised Code Sections 5709.40 to 5709.43 (collectively, the
TIF Statute') authorize the legislative authority of a municipal corporation, by
ordinance, to declare the improvement to parcels of real property located within
the municipal corporation to be a public purpose and exempt from taxation,
require the owner of each parcel to make service payments in lieu of taxes,
establish a municipal public improvement tax increment equivalent fund for the
deposit of the those service payments, provide for the distribution of the
applicable portion of such service payments to the city, local, or exempted village,
and joint vocational school district, and specify public infrastructure improvements
made, to be made or in the process of being made that directly benefit, or that
once made will directly benefit, those parcels; and
WHEREAS, this City Council has determined to declare the improvements to
certain parcels of real property, which parcels are further described in Section 1,
to be a public purpose; and
WHEREAS, this City Council desires to provide for the construction and/or
installation of the public infrastructure improvements described in Section 2; and
WHEREAS, this City Council has determined that a portion of the service
payments shall be paid to the Jonathan Alder Local School District (the 'Vonathan
Alder Local School District') and to the Tolles Career and Technical Center (the
"To/%s Career and Technical Center''), each in an amount equal to the real
property taxes that the respective school districts would have been paid if the
Improvement (as defined in Section 3) to each Parcel had not been exempted
from taxation pursuant to this Ordinance; and
WHEREAS, notice of this proposed Ordinance has been delivered to the Boards
of Education of the Jonathan Alder Local School District and the Tolles Career and
Technical Center in accordance with and within the time period prescribed in Ohio
Revised Code Sections 5709.40 and 5709.83.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, of the elected members concurring, that:
SECTION 1. Parcels of Real Property. The parcels of real property subject to the
exemption granted by this Ordinance are identified and depicted in EXHIBIT A
attached hereto (each, as currently or subsequently configured, individually, a
"Parcel' and collectively, the "ParcelY�.
SECTION 2. Public Infrastructure Improvements. This City Council hereby
designates the public infrastructure improvements described in EXHIBIT B attached
hereto (the 'Public Infrastructure Improvements' and any other public
infrastructure improvements hereafter designated by ordinance as public
Dayton Legal Blank, Inc.
Ordinance No.
RECORD OF ORDINANCES
Form No. 30043
Passed . 20
PAnn
infrastructure improvements made, to be made or in the process of being made by
the City that directly benefit, or that once made will directly benefit, the Parcels.
SECTION 3. Authorization of Tax Exemption. This City Council hereby finds and
determines that 100% of the increase in assessed value of each Parcel subsequent
to the effective date of this Ordinance (which increase in assessed value is
hereinafter referred to as the "Improvement" as defined in Ohio Revised Code
Section 5709.40(A)) is hereby declared to be a public purpose and shall be exempt
from taxation in accordance with Ohio Revised Code Section 5709.40(6) for a
period commencing for each Parcel with the first tax year that begins after the
effective date of this Ordinance and in which an Improvement attributable to a new
structure on that Parcel first appears on the tax list and duplicate of real and public
utility property were it not for the exemption granted by this Ordinance and ending
on the earlier of (a) thirty (30) years after such commencement or (b) the date on
which the City can no longer require service payments in lieu of taxes, all in
accordance with the requirements of the TIF Statutes.
SECTION 4. Service Payments. Pursuant to Ohio Revised Code Section 5709.42,
the owner of each Parcel is hereby required to and shall make service payments in
lieu of taxes with respect to the Improvement allocable thereto to the Treasurer of
Franklin County, Ohio (the "County Treasuret'� on or before the final dates for
payment of real property taxes. The service payments in lieu of taxes shall be
charged and collected in the same manner and in the same amount as the real
property taxes that would have been charged and collected against that
Improvement if it were not exempt from taxation pursuant to Section 3 of this
Ordinance, including any penalties and interest (collectively, the "Service
Payments'. The Service Payments, and any other payments with respect to each
Improvement that are received by the County Treasurer in connection with the
reductions required by Ohio Revised Code Sections 319.302, 321.24, 323.152 and
323.156, as the same may be amended from time to time, or any successor
provisions thereto as the same may be amended from time to time (the "Property
Tax Rollback Payments', shall be allocated, distributed and deposited in accordance
with Section 6 of this Ordinance.
SECTION 5. TIF Fund. This City Council hereby establishes, pursuant to and in
accordance with the provisions of Ohio Revised Code Section 5709.43, the
lrinwaJirx- Municipal Public Improvement Tax Increment Equivalent Fund (the
"TIFFund. The TIF Fund shall be maintained in the custody of the City and shall
receive all distributions to be made to the City pursuant to Section 6 of this
Ordinance. Those Service Payments and Property Tax Rollback Payments received
by the City with respect to the Improvement of each Parcel and so deposited
pursuant to Ohio Revised Code Section 5709.42 shall be used solely for the
purposes authorized in the TIF Statutes or this Ordinance. The TIF Fund shall
remain in existence so long as such Service Payments and Property Tax Rollback
Payments are collected and used for the aforesaid purposes, after which time the
TIF Fund shall be dissolved and any incidental surplus funds remaining therein
transferred to the City's General Fund, all in accordance with Ohio Revised Code
Section 5709.43.
SECTION 6. Distributions. Pursuant to the TIF Statutes, the County Treasurer is
requested to allocate and distribute the Service Payments and Property Tax
Rollback Payments as follows:
(a) to the Jonathan Alder Local School District, an amount equal to the
amount the Jonathan Alder Local School District would otherwise have received as
real property tax payments (including the applicable portion of any Property Tax
Dayton Legal Blank, Inc.
Ordinance No.
RECORD OF ORDINANCES
Form No. 30043
Passed , 20
Page
Rollback Payments) derived from the Improvement to each Parcel if the
Improvement had not been exempt from taxation pursuant to this Ordinance;
(b) to the Tolles Career and Technical Center, an amount equal to the
amount the Tolles Career and Technical Center would otherwise have received as
real property tax payments (including the applicable portion of any Property Tax
Rollback Payments) derived from the Improvement to each Parcel if the
Improvement had not been exempt from taxation pursuant to this Ordinance;
(c) to the City, all remaining amounts for further deposit into the TIF
Fund for payment of costs of the Public Infrastructure Improvements, including,
without limitation, debt charges on any securities of the City issued to pay or
reimburse financing costs or costs of those Public Infrastructure Improvements.
All distributions required under this Section 6 are requested to be made at the
same time and in the same manner as real property tax distributions.
SECTION 7. Further Authorizations. This City Council hereby authorizes and
directs the City Manager, the Director of Finance, the Director of Law, the
Director of Development, the Clerk of Council or other appropriate officers of the
City to make such arrangements as are necessary and proper for collection of the
Service Payments and the Property Tax Rollback Payments. This City Council
further hereby authorizes and directs the City Manager, the Director of Finance,
the Director of Law, the Director of Development, the Clerk of Council or other
appropriate officers of the City to prepare and sign all documents and instruments
and to take any other actions as may be appropriate to implement this Ordinance.
SECTION 8. Tax Incentive Review Council. The applicable Tax Incentive Review
Council, with the membership of that Council to be constituted in accordance with
Section 5709.85 of the Ohio Revised Code, shall, in accordance with Section
5709.85 of the Ohio Revised Code, review annually all exemptions from real
property taxation granted by this Ordinance and any other such matters as may
properly come before that Council, all in accordance with Ohio Revised Code
Section 5709.85.
SECTION 9. Filings with Ohio Development Services Ag�X. Pursuant to Ohio
Revised Code Section 5709.40(I), the City Manager is hereby directed to deliver a
copy of this Ordinance to the Director of the Ohio Development Services Agency
within fifteen days after its effective date. Further, and on or before March 31 of
each year that the tax exemption authorized by Section 3 remains in effect, the
Director of Development or other authorized officer of the City is directed to
prepare and submit to the Director of the Ohio Development Services Agency the
status report required under Ohio Revised Code Section 5709.40(I).
SECTION 10. Open Meetings. This City Council finds and determines that all
formal actions of this City Council and any of its committees concerning and
relating to the passage of this Ordinance were taken in an open meeting of this
City Council or any of its committees, and that all deliberations of this City Council
and any of its committees that resulted in those formal actions were in meetings
open to the public, all in compliance with the law including Ohio Revised Code
Section 121.22.
SECTION 11. Effective Date. This Ordinance shall be in full force and effect on
the earliest date permitted by law.
RECORD OF ORDINANCES
Dayton Legal Blank, Inc.
Ordinance No.
Signed:
P/ddyayor =- Presiding Officer
Attest:
Clerk of Council
Form No. 30043
Passed .20
Passed:/,, 17 -,)-oil
Effective@, )ffoe?-bibink- /7.,2014