Resolution 044-19RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc., Form No. 30045
Resolution No. 44-19 Passed , 20
A RESOLUTION APPROVING THE NECESSITY
OF ACQUIRING, CONSTRUCTING, AND
IMPROVING CERTAIN PUBLIC
IMPROVEMENTS IN THE CITY OF DUBLIN,
OHIO IIN COOPERATION WITH THE
COLUMBUS REGIONAL ENERGY SPECIAL
IMPROVEMENT DISTRICT (5165 EMERALD
PARKWAY, DUBLIN, OHIO PROJECT)
WHEREAS, Ohio Revised (ode Section 1710o06(C) provides that a political
subdivision which Inas approved a petition for special assessments for public
improvements in ars energy special improvement district an(] a plan pursuant to
Ohio Revised Code Sections 1Y100012(F) and 1710°06 shall levy the requested
special assessments pursuant to Ohio Revised Code Chapter 727; and
WHEREAS, the Columbus Regional Energy Special Improvement District (the
"District") was created under Ohio Revised Code Chapters 1702 and -.1.710 as an
energy special improvement district and established pursuant to Resolution No.
0261)(.-2015 oi: the Council of the City of Columbus, Ohio approved on November
23, 2015 (the "Creation Resolution") -
WHEREAS, pursuant to the Creation Resolution, the Columbus Regional
Energy Special Improvement District Program Plan (as amended and
supplemented from time to time, the "Program Plan") was adopted as a plan
for public improvements and public services under Ohio Revised Code Section
17:1-0.02(1=�), which plan allows for additional properties within the City of
Columbus, Ohio and within any municipal corporation or township which is
adjacent to any other MUnicipal corporation or township in which a portion of
the District's territory is located to be added to the territory of the District; and
WHEREAS, 970 High Ridge Associates LLC (the "Owner") petitioned to add
property owned by it to the District pursuant to Ohio Revised Code Chapter
1710 in pari: in order to finance the costs of a special energy improvement
project to be constructed on such property, which special energy improvement
project consists of acquiring, constructing, improving and installing energy
efficiency improvements on its real proper[ -y, including, without limitation, high -
efficiency HVAC systems, building automation controls, l=L-D lighting, and related
improvements (the "Project"); and
WHEREAS, the City Council ("Council") of the City of Dublin, Ohio (the "City")
has, by Resolution No. 4i3 � , on �p
adopted August ,�: 2019 approved roved the
p g �
Petition for Special Assessments for Special Energy lmpro vement Projects and
Affidavit (the "Petition"'), together with the Supplement to Plan for 51665 Emerald
Parkway, Oublin, Ohio Project (the "Supplemental Plan") in accordance with
Ohio Revised Code Section 1710.02; a rid
WHEREAS, the Petition, which is on file with the Clerk of Council, has been
signed by the Owner, as the owner of one hundred percent (100%) of the real
property affected by the Petition (as further described in ['exhibit A to the
Petition, the "Property'), and proposes the necessity of acquiring, constructing,
and improving the Project: and financing the Project through the cooperation of
the District; and
WHEREAS, by the Petition, the Owner requests that the Project be paid for by
special assessment, assessed upon the Property (the "Special Assessments") in
RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc., Fonn No. 30045
Resolution No. 44-19 Passed Page 2 of 6 , 20
an amount sufficient to pay the costs of the Project, which is estimated to be
$1,92'.t,598.06, including the costs identified in Section 2 of this Resolution, and
requests that the Project: be undertaken cooperatively by the City, the District,
and such other parties a!� the City may deem necessary or appropriate.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, of the elected members that:
Section 1. Each capitalized term not otherwise defined in this Resolution or
by reference to another document shall have the meaning assignee to it in the
Petition.
Section 2_ r his council declares necessary, and a vital and essential public
purpose of the City, to improve the G=Iroperty, which has been identified by the
County Auditor of Franklin County, Ohio as Parcel Number 273-00-1,68-/-00 in
the City, by providing for the acquisition, construction, and improvement of
the Project by the owner, as set forth in the Petition and the Supplemental
Plan, and providing for the payment of the costs of the Project, 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 reasonable costs incurred in connection with the preparation,
levy and collection of the special assessments; the cost of purchasing and
otherwise acquiring any n,�al estate or interests in real estate; reasonable
expenses of legal 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 issued or incurred
to provide a loan or to sec=ure an advance of funds to the Owner or otherwise 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 reasonable obligations so issued or incurred,
including any credit enhancement fees, trustee fees, program administration
fees, financing servicing fees, and reasonable 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 Fonds to pay the costs of the Project; together with
all other necessary expenditures, all as more fully described in the Petition, the
Supplemental Plan, and profiles, specifications, and estimates of cost of the
Project, all of which are on file with the Director of Finance and open to the
inspection of all persons interested.
Section 3. This Council determines that the Project's elements are so
situated in relation to each other that in order to complete the acquisition,
construction, and improvelment of the Project's elements in the most practical
and economical manner, they should be acquired and improved at the same
time, with the saes kind of materials, and in the same manner; and that the
Project's elements shall be., treated as a single improvement, pursuant to Ohio
Devised Cede Section ��� ®�'o��, and the Project's elements shall he treated as a
joint improvement to be undertaken cooperatively by the City and the District
pursuant to Ohio Revised Code Section 9.482 and Ohio Devised Code Chapter
1 Y 10.
Section 4. The plans and specifications and total cost of the Project now on
file in the office of the Clerk of Council are approved, subject to changes as
RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc., Form No. 30045
Resolution No. 44-19 Passed Page 3 of 6 , 20
permitted by Ohio Revised Code Chapter 727. The Project shall be made in
accordance with the plans, specifications, profiles, and estimate of costs for the
Project.
Section 5. This Council determines and declares that the Project is an
essential and vital public,, governmental purpose of the City as a Special Energy
Improvement Project, as defined in Ohio Revised Code Section 1710.01(f); and
that in order to fulfill that essential and vital public purpose of the City, it is
necessary and proper to provide, in cooperation with the District, for the
acquisition, construction, and improvement of the Project in the manner
contemplated by the Petition and the Supplemental Plan. This Council
determines and declarer that the Project is conducive to the public peace,
health, safety and welfare of the City and the inhabitants of the City.
Section 6_ Pursuant to and subject to the provisions of a valid Petition
signed by the owners of one hundred percent (100%) of the Property, the
entire cost of the Project shall be paid by the Special Assessments levied
against the Property, which is the benefited property. The provisions of the
Petition and the Supplemental Plan are ratified, adopted, approved and
incorporated into this Re!3olution as if set forth in full in this Resolution. The
portion of the costs of the Project allocable to the City will be zero percent
(0%)o The City does not intend to issue securities in anticipation of the levy
or the collection of the Special Assessments.
Section Y. The method of levying the Special Assessments shall be in
proportion to the benefits received, allocated among the parcels constituting
the Property as set forth in the Petition and the Supplemental Plan.
Section 8.. The lots or parcels of lend to be assessed for the Project shall be
the Property, described in Exhibit A to the Petition, a I I of which lots and lands
are determined to be specially benefited by the Project.
Section 9.. 1 he Special Assessments shall be levied and paid in 38 semi-
annual installment; pursuant to the list of estimated Special Assessments set
forth in the Petition and the Supplemental Plan (which list is incorporated herein
by reference), and the Owner has waived its option to pay the Special
Assessment in cash within 30 days after the first publication of the notice of the
assessflng ordinance.
The aggregate amount of Special Assessments estimated to be necessary to
pay the costs of the Project is $1,921,598.46. Each semi-annual Special
Assessment payment represents payment of a portion of the principal of and
interest on obligations issued or incurred to pay the costs of the Project and of
administrative expenses. The interest portion of the Special Assessments,
together with amount,('3 used to pay administrative expenses, 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
had notes or bonds been issued by the City or another issuer of notes or bonds
to pay the costs of the Project. In addition to the Special Assessments, the
County Auditor of Franklin County, Ohio may impose a special assessment
collection fee with respect to each semi-annual payment, which amount will be
added to the Special Assessments by the County Auditor of Franklin County,
Ohio.
RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc., Form No. 30045
Resolution No. 44-19 Passed Page 4 of 6 , 20
Section 10. The Director of Finance or the Director of Finance's designee is
authorized and directed to prepare and file in the office of the Clerk of Council
the estimated Special Assessments for the cost of the Project in accordance with
the method of assessment set forth in the Petition, the Supplemental Plan, and
this Resolution, showing the amount of the assessment against each lot or
parcel of land to be assessed.
Section 11. Notice of the adoption of this Resolution and the filing of the
estimated Special Assessments upon the Owner of the Assessed Property as
provided in Ohio Revised Code Section 727.13 shall be delivered by the Clerk of
Council to the Owner promptly following adoption of this Resolution.
Section 12. The Director of Finance or the Director of Finance's designee is
authorized, pursuant to Ohio Revised Code Section 727.12, to cause the Special
Assessments to be levied and collected at the earliest possible time including, if
applicable, prior to the completion of the acquisition and construction of the
Project.
Section 13. The Special Assessments will be used by the City to pay the costs
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 14. This Council accepts and approves the waiver of all further
notices, hearings, claims for damages, rights to appeal and other rights of
property owners under the law, including but not limited to those specified in
the Ohio Constitution, Ohio Revised Code Chapter 727, Ohio Revised Code
Chapter 1710, and the Charter of the City of Dublin, Ohio, and consents to the
immediate imposition of the Special Assessments upon the Property. This
waiver encompasses, but is not limited to, waivers by the Owner of the following
rights:
(i) The right to notice of the adoption of the Resolution of Necessity
under Ohio Revised Code Sections 727.13 and 727.14;
(ii) The right to limit the amount of the Special Assessments under
Ohio Revised Code Sections 727.03 and 727.06;
(iii) The right to file an objection to the Special Assessments under
Ohio Revised Code Section 727.15;
(iv) The right to the establishment of, and any proceedings by and
any notice from an Assessment Equalization Board under Ohio
Revised Code Sections 727.16 and 727.17;
(v) The right to file any claim for damages under Ohio Revised Code
Sections 727.18 through 727.22 and Ohio Revised Code Section
727.43;
(vi) The right to notice that bids or quotations for the Project may
exceed estimates by 15%;
(vii) The right to seek a deferral of payments of Special Assessments
under Ohio Revised Code Section 727.251;
(viii) The right to notice of the passage of the assessing Resolution
under Ohio Revised Code Section 727.26; and
(ix) Any and all procedural defects, errors, or omissions in the Special
Assessment process.
Section 15. This Council finds and determines that all formal actions of this
Council concerning and relating to the passage of this Resolution were
RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc., Form No. 30045
Resolution No. 44-19 Passed Page 5 of 6 , 20
adopted in an open meeting of this Council, and that all deliberations of this
Council and 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 16. This Resolution is effective upon passage as provided under
Section 4.04(a) of the Revised Charter.
[gnatureSi Page Follows]
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RECORD OF RESOLUTIONS
Resolution No. 44-19
Clerk of Council
Passed Page 6 of 6 1,20
2019.
To,& Members of Dublin City Council
From,n Dana McDaniel, City Manag
le,
Date: July 31, 2019
En'lffl"ated By.& Donna Goss,, Ph.D., Director of Development
Colleen Gilger, CEcD,. Director of Economic Development
Jeremiah Gracia, CEcD, Economic Development Administrator
Re:. Resolutions, Petition, and Ordinances for Property Assessed Clean Energy
(PACE) Special Improvement for 5165 Emerald Parkway
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.
71 -
Staff recommends Council approve Resolution No. 43-19 and 44-19 on August 12, 2019 and
ordinances No. 39-19 — 41-19 on August 26, 2019. Please contact Jeremiah Gracia with any
questions.
Memo re. PACE for 5165 Emerald Parkway
July 31, 2019
Page 2 of 2
D1♦
WHAT IS PACE?
Property Assessed Clean Energy WACE) is a 'himoonq mechaitikisni tl"at criables
low-cost, Ionq-torm funding for energy efficiency. rcmiowable energy and eeatei
conscryation projects. PACE hnanciiiq Is repaid as anassessmic-nt on the propetty"s
regular lax bill, and is processed the sanie way as otfw-t local public benefit
assessments (sideavalks, sewers) have been for decades. 04:.p-0-iitcling on local
li2-qlslation, PACE can be used for cornmercwil, rionprolht and residential piopertwi'_S.
HOW DOES IT WORK *7
PACE is a national initiative, but pf ogiarns ace estab4shed locally and tailored toniect
regional market needs- State legislation is passed that authorizes rnunicipall ties
to establish RACE proqrams, and local governments have developed a variety of
program models t4at have beta successfully implem-eated. Re -far dless of mode -1,
there are several keysto4x-s that hold true for e#vciy PACE program..
• PACE is Yoluntary for all parties lnvol,.ed.
• PACE can covet 100% of a project's hard a4id soft costs.
• Lonq hnancinq terms up to 20 years.
• Can be combined With utillLy, local and federal incentive proqran1s.
• Energy projects are permanently affixed to a property.
• The PACE assessment is hl -ed with the local (nu nicipa lity as a lien on th e-- property.
WHY IS IT SO POPULAR?
Propetty owners love PACE because they can fund prqjects.;wfth no out-of-pocket
costs. Since PACE hnanciaq terms ex tend to 20 years, it's possible to undertake deep,
comprehensive retrofits that have meaningful energy savings and a significant
impact on the bottom line. The annual ene(qy savings for a PACE project usually
exceeds the annual asse-ssinent payment, so property owners are ca-sh flovoi positive
immcliately. That means there are increased dollars that can be spent on other
capital projects, budgetary expenses, or business expansion .
BENEFITS OF PACE
Local e4overnmeots love PACE because it's an Economic Development initiative that
lowers the cost of doing business in their community. It encourages new business
owners to invest in the area, and creates jobs using the local workforce. PACE
PCENationpr
1ects also have a positive impact of air, quality, creating healthief, r-nore livable
't V.i
neighborhoods.
HOW CAN I GET PAC E 7.
111ACENation i i t,,h e
ncwiprofn advocate faf VokCE
� kVe �x I
financink, ,oysde leadei�tilpa,
www. PACE Nat ion.us has all the tools and resources you need to qet started with
data. supVcwt iino fewLitco.'s ;, CA'
PACE. Check to see if your state has passed a PACE statute. and if your area has an
the 9, owing
active progran),Itnot, contact us to find out if there isa local initiative indeve-lopment
VA&W.pacenatton-us
and we may be able to put you in touch with a working coalition. We look forward
Info w-- pKeoow.-Orq
to hearing frorn you!