Ordinance 059-19RECORD OF ORDINANCES
BARRET"T BROTHERS - DAYTON, OHIO
Ordinance No. 59-19 Passed
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 (525 METRO PLACE
NORTH, DUBLIN, OHIO PROJECT)
Form 6220S
WHEREAS, this Council (the "Council') of the City of Dublin, Ohio (the "City's duly
adopted Resolution No. 5�-19 on October 21, 2019 (the "Resolution of Necessity'
and declared the necessity of acquiring, constructing, improving and installing energy
efficiency improvements on its real property, including, without limitation, LED lighting
improvements, exterior pole rework, elevator modernization, 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. `� -19 on November 4, 2019
and determined to proceed with the Project and adopted the estimated Special
Asse:31sments (as defined in the Resolution of Necessity) filed with the Clerk of Council
and the Director of Finance pursuant to the Resolution of Necessity.
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,, r7 of the elected member 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 NE.1cessity.
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 $244,969.00,
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 real estate or interests in real estate; reasonable 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
reasonable obligations 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 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,
financing servicing fees, and reasonable 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 5.75% until the Special Assessments shall have been fully paid, together with
amounts used to pay administrative expenses, has been determined by the District to
be substantially equivalent to the fair market rate that would have been borne by notes
or bonds issued by the District to facilitate the financing of the costs of the Project.
The !'3pecial Assessments are assessed against the Property commencing in tax year
2020 for collection in 2021 and shall continue through tax year 2029 for collection in
RECORD OF ORDINANCES
BARRETT BROTHERS - DAYTON, OHIO Form 6220S
Ordinance No.
Passed ,
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 2021, 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.
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 laced
on the p
e tax list and duplicate and collected with and in the same manner as real property
p rtY
taxes are collected and as set forth in the Petition.
The %special Assessments shall be allocated among the parcels constitutingthe Property
p rty
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
certifieed 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 p the Special
Assessments actually received by the City to the District or to another pa the �Y City
deem:- appropriate, and the Special Assessments are appropriated for suchur oses.
p p
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 Pront 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.
Sia �!d:
ayor —Presiding Officer
ATTEST:
CI rf COU I I (A c4i n2 ) 0
L,
Passed ,
Form 6220S
IcityOffice of the City Manager
of Dublin 5200 Emerald Parkway • Dublin, OH 43017-1090 -Memo
Phone: 614-410-4400 • Fax: 614-410-4490
To: Members of Dublin City Council
From: Dana McDaniel, City Manager
Date: October 9, 2019
Initiated By: Colleen Gilger, Director of Economic Development
Jeremiah Gracia, Economic Development Administrator
Re: Resolutions & Ordinances for Property Assessed Clean Energy (PACE) Special
Improvement for 525 Metro Place North (OH15 Dublin LLC)
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.
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.
In August 2018, the building ownership of 525 Metro Place North invested just over $900,000 in
PACE Financing for its energy efficiency improvement project for the 80,000 SF office building. The
scope of work for that project included indoor LED lighting upgrades, boiler replacement, cooling
tower replacement, and other temperature control upgrades.
This PACE project will invest another $165,000 in improvements to the building to upgrade the
elevators and outdoor lighting to LEDs. In order to satisfy this request, the City of Dublin must
pass a series of Resolutions on October 21, 2019 and Ordinances on November 4, 2019 Council
meetings. These Resolutions and Ordinances will 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.
Recommendation
Staff recommends Council passage of all related Resolutions and Ordinances October 21 and
November 4, 2019 Council meetings. Please contact Jeremiah Gracia with any questions.
01-115 Dublin
LIST OF SPECIAL ASSESSMENTS AND
SCHEDULE OF SPECIAL ASS.f'4S-"SSMENTS
I-JST ()F SPECIAL ASSESSMENI'S
Assessed
Properties
DescriDtion
273-001343-00
Portion of
Benet'it and Amount of
Special Special
Assessment Assessments
100% $244!969.00
OF'SPECIAL ASSESSMENTS
I
FOR FRANKLIN CO1,._)TN`TY PAA .a. NOS.:
273-00L-143-00*
"I'he following schedule of Speclal Assessment. charges shall be certified for
collection in. 20 semi-annual installments to be collected with fir st-balf and second -half
real property taxes in calendar vears 21021 through 2030:
As identi-fled in the records of the County Auditor of Franklin, County,, Ohio as o4- July
167 2019.
* * 1"lursuant to Ohio Revised Code Chapter 3 123 ), the Special Assessment Paynient Dates
identil'"ied in this Schedule of Special Assessments tire sub'
,ject to adjustment by the
County Auditor of Franklin County, Ohio under certain conditions.
i
The County Auditor of Frant-1in County, Ohio may mpose special a assessment
W .1
collection tee with respect to each sem.i-cannual 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 paym.ent.
Special.
Special
Assessment
Assessment
Paviiient Date"
Amount,
January 31, 2021,
$1.2,248.45
J'uly 3 ) 1', 202 1,
12,248.45
January 31., 2 022
12,248.45
July 31, 2022
12,248.45"
Julv 31., 2023
12!!248.45
J anuary 3 1, 2024
12,248.45
2024
12!11248.45
January _j j., 2025
1. 2,2;_ 4 8.4
July 3 ) 1, 2025
12, '12W 4 8.4 5
lanuary 3 ) L 2026
12,248.45
July 311, 2026
12,248.45
January 3 1., 2_027
11,248.45
July 31, 2027
12,248.45
January 3 ) 1, 2028
1.2.248.45
July a,.,/ 1, 2028
12,248.45
Janu 11)
Y 2029
1.2248.45
ul 1, 2029
z.!R248.45
J-anuary 31, 2030
12,,248.45
July 3 ) 1. 203 0
12,248.45
As identi-fled in the records of the County Auditor of Franklin, County,, Ohio as o4- July
167 2019.
* * 1"lursuant to Ohio Revised Code Chapter 3 123 ), the Special Assessment Paynient Dates
identil'"ied in this Schedule of Special Assessments tire sub'
,ject to adjustment by the
County Auditor of Franklin County, Ohio under certain conditions.
i
The County Auditor of Frant-1in County, Ohio may mpose special a assessment
W .1
collection tee with respect to each sem.i-cannual 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 paym.ent.
4 -4
CERTIFICAT'J"
The urtclersigned Clerk. of" Council. hereby certIfies that the 1,bregoings a true copy
of Ordinance No. -1.9 duty passed bv the C-ouncil of the City of Dublin., Ohio on
'November 4, 20 1.9,, and that a true copy of such Ordinance was certified to the County
Auditor offranklin ('_'ounty, Obio w.I*th.in 20 days after its passage.
Clerk of Cooncil
City of 1)ublin, Ohio
Rf 4 'CEIP"I" OF COUNTY AUDIT'OR 11'0R,
LEGASI-AJ."JONI L.._L`.VYIN'G SPECIAL AS "' SESSME,,_N'_I"'S
FOR, IIIE RURPOSE OF A(:QJR c s"rRUC
AN.D IMPROVING CERTAIN RUBLIC-IMPROVEMENTS,
IN,r'E ( CITY OF DtJ RM:JN, .1-1 ,N - - --WIM
'I TIE COI,..,t-JMB't.J'S REGI(,,)NA,I,, ENERGY
SPECIAL tMPROVEMEN`f DISTRICT
La tinziano, the duly elected, qualified, and acting Auditor in and f
. Franklin County, Ohio hereby certify that a certified copy of Ordinance No. duly
passed by the CouncIl of the Cityof Dublin, Ohio on November 4, '2019levying speci.at
assessments :t`or the purpose of acquiring,, construst Ing, and improving certain public
improvements in the City of Dublin, Ohio in cooperation with, the Columbus Regional
Energy Special Improvement I)istrict., including the List of Special Assessments and
Schedule of Special Assessments, which Special Assessment charges shall be certified
for collection. in 20 semi-annual. installments to be collected with. first-half and second -
half real property taxes in. calendar years 2021 through 2030, was filed in this oft"ice on
Novetnber.,... - 2019.
WJITNII_I'.SS my hand and ol"ticial seal at (".olumbus, Ohio on. 2019.
Auditor
[SEAL] Franklin. County, Ohio