43-09 OrdinanceRECORD OF ORDINANCES
43-09
Ordina~ace No.
Passed . ~0
AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO ENTER I\'TO AN ECONOMIC DEVELOPMENT
AGREEMENT WITH THE CITY OF COLUMBUS, OHIO,
AND DECLARING AN EMERGENCY
WHEREAS, the City of Columbus and City of Dublin have cooperated to provide shared
development and growth opportunities for the two communities; and
WHEREAS, the City of Columbus and City of Dublin have agreed to amend (i) certain
contracts between Columbus and Dublin for water service, originally entered into on the
13`" day of April, 1993 (the "Water Service Agreement"), and (ii) certain contracts between
Columbus and Dublin for sewage disposal services originally entered into on the 13`" day
of April, 1993 (the "Sewer Service Agreement") to provide for the modification of the
Dublin Exclusive Area by expanding that area into the Negotiated Area; and
WHEREAS, the City of Columbus and City of Dublin have agreed to change the
designation of a 277-acre area, located north of S.R. 161 and west of Hyland-Croy Road,
from "Negotiated Expansion Area" to "Dublin Exclusive Expansion Area" within both the
Water Service Agreement and the Sewer Service Agreement, whereby the City of Dublin
will have the exclusive right to accept annexations of properties located within the area;
and
WHEREAS, the City of Dublin and City of Columbus want to promote economic
development and job creation opportunities within the 277-acre area, and have proposed an
Economic Development Agreement for the sharing of income tax revenue generated within
the 277-acre area, thus designating the area as a "Revenue Sharing Area;" and
WHEREAS, the City of Dublin and City of Columbus have agreed to work cooperatively
on important regional growth and safety issues to assure that regional growth and
development are properly served by environmentally responsible centralized sewer
systems, and the Parties have further agreed to cooperate in opposing the construction and
use of alternative waste water treatment systems, such as land application systems,
throughout the region and opposing the further expansion of other water and sewer service
providers within the "Revenue Sharing Area;" and
WHEREAS, the Columbus City Council, pursuant to Ordinance No. 0454-2009 passed by
the City of Columbus on July 13, 2009, has authorized the Columbus Director of
Development to enter into the proposed Economic Development Agreement with the City
of Dublin relating to the future annexation and development of approximately 277 acres;
and
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of
Ohio, ~ of the elected members concurring:
Section 1. That the City Manager be, and hereby is, authorized to enter into an
Economic Development Agreement with the City of Columbus, Ohio.
Section 2. That this Ordinance is declared as an emergency necessary for the immediate
preservation of the public peace, health, safety or welfare, and in addition, this legislation
directly impacts pending litigation. Therefore, this ordinance shall be effective
immediately upon passage.
this ! ~ day of
Officer
ATTEST:
Clerk of Council
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017-1090 M e m o
CITY OF DUBLIN. Phone: 614-410-4400 • Fax: 614-410-4490
To: Members of Dublin City Council
From: Terry Foegler, City Manager
Date: July 30, 2009
Initiated By: Marsha I. Grigsby, Deputy City Manager/Finance Director
Paul A. Hammersmith, P.E., Director of Engineering/City Engineer
Re: Ordinance 43-09 Economic Development Agreement with City of Columbus
Ordinance 44-09 Modification of Water and Sewer Contracts with City of Columbus
Background
This proposed Economic Development Agreement (EDA), and associated modification to the Water and
Sewer Service Agreements, is in regard to a 277-acre area depicted on the exhibit attached to the proposed
EDA (see both as attached). The area is located within the Negotiated Expansion Area, as defined within
the 1993 Columbus and Dublin Water and Sewer Service Agreements, and is adjacent to the US Route 33
Corridor at its intersection with State Route 161 and Post Road. In the 1993 Agreements, both Columbus
and Dublin agreed that the Negotiated Expansion Area would constitute a shared future growth area for
both entities. Additionally, other areas in the 1993 Agreement were identified as either Exclusive Dublin
or Exclusive Columbus Expansion Areas. Furthermore, the 1993 Agreements provided that neither entity
would accept any annexation of property within the Negotiated Expansion Area without the mutual
agreement of each respective City Council.
Summary
"1'he proposed EDA being presented for Council's consideration establishes the terms and conditions under
which the 277-acre area will become part of the Exclusive Dublin Expansion Area (as shown on the
attached revised Exhibit A). The terms and conditions relate largely to the sharing of the income tax
revenues, which will result from the development in this area. Once the proposed EDA and modifications
to the existing water and sewer service agreements are executed, Dublin would be able to accept
annexations sought by any of the owners of the parcels of land located within the 277-acre area.
The 277-acre area constitutes approximately six percent of the Negotiated Expansion Area, as depicted on
the exhibit attached to the proposed EDA. The water and sewer service agreements always contemplated
that this area would be served by the Columbus and Dublin water and sewer systems, subject to a future
negotiated agreement, such as the one being proposed at this time.
The site is located just north of State Route 161, at its intersection with US Route 33. As Council is aware,
Dublin has been considering making a very substantial investment in the improvement of this interchange,
where a significant portion of the abutting property is still located outside of Dublin's corporate limits. The
rate at which this interchange improvement occurs will likely be affected by the rate at which annexations
provided for in this proposed EDA occur. As is the case with the areas currently designated as Exclusive
Dublin Expansion Area in the 1993 Agreements, the proposed EDA would pt'ovide the opportunity (but not
Memo re. Ord. 43-09 and Ord 44-09 - Colwnbus 13DA &
Modification of Columbus Water-Sewer Agreements
July 30, 2009
Page 2 of 3
t7re requirement) for owners of property within the 277-acre area to annex to the City of Dublin, and
thereby be provided with Dublin's water and sanitary sewer services.
The proposed EDA and modifications to the existing water and sewer service agreements facilitate the
orderly development of this area by:
• Allowing for the annexation of properties adjacent to, and part of, areas planned for substantial
economic development investments.
• Providing the opportunity for greater influence over the development of properties located adjacent
to both existing Dublin neighborhoods and a proposed major interchange improvement.
• Providing utilization of Dublin utility infrastructure, which has been sized and located to serve the
area.
The key components of the proposed EDA are as follows:
Annexatimr and Shared Revenue Considerations
• Columbus and Dublin agree the 277 acres designated as t11e Revenue Sharing Area will allow
property owners to pursue annexation of their land to Dublin.
• Dublin will pay to Columbus au Equity Share of $1 million upon final acceptance of annexations
within the 277 acres.
• The Equity Share shall be obtained by dividing the acreage of the amrexation parcel by the acreage
of the proposed EDA (277 acres) times $1 million.
• Dublin and Columbus will equally share (50/50) the net income tax revenues derived from the
proposed EDA.
• Net income tax reve~rues will be gross income tax revenues less the percentage to Dublin for
governmental services (26 percent), less the percentage to Dublin for capital improvements (25
percent),lcss refwrds.
Nmt Compete Considerations
• If a company, other than a restaurant, hotel or retail establishment, currently located in Columbus
and which currently pays income taxes to Columbus relocates its operations to the Revenue Sharing
Area, then Dublin will pay to Columbus one hundred percent (100%) of the gross income tax
revenues generated by that company in the Revenue Sharing Area, up to the amount of income tax
paid to Columbus during the most recent calendar year, and one hundred percent (100%) of the net
income tax revenues generated by that company on new jobs created in the Revenue Sharing Area.
• If a company currently located in Dublin and which currently pays income taxes to Dublin relocates
its operations to within the Revenue Sharing Area, then Dublin will retain one hundred percent
(100`%,) of the net income tax revenues generated by that company iu the Revenue Sharing Area.
• It is the intent of the Dublin administration to avoid the targeting and relocating of any such
Columbus-based operations to the subject area.
Water and Sanitary Sewer Services Provisio^
• The 277 acres will be served by Dublin with existing water and sanitary sewer capacities within the
Dublin utility system, and as such Dublin would be the exclusive provider of utility services within
the 277 acres.
Memo re. Ord. 43-09 and Ord 44-09 -Columbus EDA &
Modification of Columbus Water-Sewer Agreements
July 30, 2009
Page 3 of 3
• Dublin would require annexation of those properties within flee 277 acres requesting utility services.
Capital Improvement Plan
• Dublin and Columbus will establish a Capital hmprovement Plan (Plan) for the 277 acres to identify
necessary transportation and utility iufi~astructure improvements.
• Dublin shall be responsible for the cost of design, acquisition and construction of all capital
improvements identified in the Plan, including project costs directly attributable to the 277 acres.
• An amount equal to 25 percent of gross income tax revenues derived fiom the proposed EDA shall
be credited to Dublin each year to reimburse Dublin for all improvements and provide for the cost
of on-going maintenance of the improvements.
Governmental Services
• Dublin shall provide all governmental services to the District, including water services, sanitary
sewer services, transportation-related construction and maintenance, police protection, recreatimr,
planning, engineering and administration.
• An amount equal to 26 percent of gross income tax revenues derived from the proposed EDA shall
be credited to Dublin each year as reimbursement for the provision of governmental services, other
than utility and bansportafion services.
• 'T'his credit shall account for the fact that lands within the Revenue Sharing Area will be in Dublin,
requiring Dublin fo manage all concerns thereof, including resolving unforeseen issues that cannot
be quantif ed in any operating cost calculation.
Joint ;Economic Development District (JEDD)
• Columbus and Dublin agree to use t9ieir best efforts to form a JEDD for areas located north and
west of the 277 acre area within the next two years.
• Columbus and Dublin agree that neither party will enter into a JEDD contract for areas located
north and west of the Revenue Sharing Area unless both entities are party to the JEDD contract.
Agreement Term
• "the initial Perm of this Agreement shall temlinate on April 13, 2043, unless otherwise terminated
prior to That date.
On July 13, 2009, Columbus City Council approved ordinances authorizing the proposed EDA and the
associated modification to the existing water and sewer service agreements.
Recommendation
Staff recommends the adoption of Ordinance 43-09 authorizing the City Manager to enter into an
Economic Development Agreement wit7r the City aF Columbus. Furthermore, staff recommends the
adoption of Ordinance 44-09 authorizing the City Manager to enter into a modification of the water and
sewer service agreements with the City of Columbus, to include a modified Exhibit A which would add
approximately 277 acres, located north of State Route 161/Post Road and west ofHyland-Croy Road, to the
Exclusive Dublin Expansion Area and which then maybe annexed to the City of Dublin.
ECONOMIC DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF COLUMBUS, OHIO
AND THE CITY OF DUBLIN, OHIO
This Economic Development Agreement ("Agreement") is made and entered into
as of , 2009 ("Effective Date") by and between the City of Columbus, Ohio,
a municipal corporation ("Columbus"), duly authorized by City Ordinance No. 0454-
2009, passed by its City Council on July 13, 2009 and by the City of Dublin, Ohio, a
municipal corporation ("Dublin")(collectively "the Parties"), duly authorized by City
Ordinance No. 43-09, passed by its City Council on , 2009.
WHEREAS, Columbus and Dublin recognize the importance of planning for
future growth of the two communities and of working cooperatively on issues relating to
economic development as well as to utilize community resources to provide for
responsible growth and development opportunities beneficial to both Columbus and
Dublin; and
WHEREAS, Columbus and Dublin believe the adoption of an agreement between
the two communities is important to facilitate economic development, to create or
preserve jobs and employment opportunities and to improve the economic welfare of the
people of the Central Ohio Region, including Columbus and Dublin; and
WHEREAS, Columbus and Dublin acknowledge the public purpose and value to
both communities in cooperating in the development of Central Ohio, and in sharing
financially in the region's economic growth and prosperity; and
WHEREAS, Columbus and Dublin have agreed to amend (i) that certain contract
between Columbus and Dublin for water service, originally entered into on the 13th day
of April, 1993 (the "Water Service Contract"), and (ii) that certain contract between
Columbus and Dublin for sewage disposal services originally entered into on the 13th
day of April, 1993 (the "Sewer Service Contract") to provide for the modification of the
Dublin Exclusive Area by expanding that area into the "Negotiated Expansion Area"; and
WHEREAS, Columbus and Dublin have agreed to establish an area, "the
Revenue Sharing Area," within the "Negotiated Expansion Area" of the Water Service
Contract and the Sewer Service Contract whereby Dublin will have the exclusive right to
annex the property and the Parties will share net income tax generated within the
established Revenue Sharing Area
WHEREAS, Columbus and Dublin have agreed to work cooperatively on
important regional growth and safety issues to assure that regional growth and
development is served properly and environmentally responsibly by centralized sewer
systems, and the Parties have further agreed to cooperate in opposing the construction
and use of alternative waste water treatment systems, such as land application systems,
throughout the region and opposing the further expansion of other water and sewer
service providers within the Revenue Sharing Area.
NOW THEREFORE, Columbus and Dublin agree as follows:
I. ANNEXATION AND SHARED REVENUE
A. The Parties contemplate that the area designated as the Revenue Sharing
Area on the map attached hereto and incorporated herein as Exhibit I, will be annexed to
Dublin, and Dublin agrees to cooperate with the petitioners for annexation to take all
actions necessary and incident to accommodate the annexations within the Revenue
Sharing Area as expeditiously as possible and as permitted by applicable law after
petitioners file any petition for annexation. The territory comprising the Revenue
Sharing Area consists generally of +277 acres located north of State Route 161/Post Road
and west of Hyland-Croy Road.
B. Dublin will require the annexation of any property within the Revenue
Sharing Area seeking utility services from Dublin, and Dublin shall be the exclusive
provider of utility services within the Revenue Sharing Area.
C. On the date ("Acceptance Date") on which the annexation of a parcel of
land ("Annexation Parcel") within the Revenue Sharing Area is accepted by Dublin,
Dublin shall be obligated to pay or cause to be paid to Columbus an Equity Share (as
defined below) of $1,000,000.00, such payment to be made within ten (10) business days
of Dublin's final acceptance of such annexation. As used in this paragraph, "Equity
Share" shall be obtained by dividing the acreage of the Annexation Parcel by the acreage
of the Revenue Sharing Area and multiplying by $1,000,000.00.
D. In addition to the payment or payments set forth above, Dublin shall also
pay to Columbus during the term of this Agreement an amount equal to fifty percent
(50%) of the net income tax revenue received by Dublin from commercial, industrial, and
office uses located within the Revenue Sharing Area. Income tax revenue shall include
all taxes collected by Dublin pursuant to Chapter 183 of the Codified Ordinances of
Dublin, Ohio, and any subsequent amendments or additions thereto. Net income tax
revenues shall equal gross income tax revenues net of any refunds less the percentages
deducted by Dublin for governmental services, capital improvements, and ongoing
maintenance (as described hereafter). Dublin shall be obligated to pay to Columbus such
revenue by April 15 after the first year of income tax collections and such payments shall
be due annually thereafter for the duration of the Agreement. Dublin shall not be
obligated to pay to Columbus any sum with respect to any parcel within the Revenue
Sharing Area which may be developed for single-family residential purposes.
II. GOVERNMENTAL SERVICES
A. Dublin shall provide all governmental services within the Revenue
Sharing Area including, but not limited to, water services, sanitary sewer services, police
protection, highway and street construction and maintenance, recreation, solid waste
management, planning, engineering and administration.
B. In exchange for providing the above services (excluding water and sewer
2
services), Dublin shall receive a credit in the amount of twenty-six percent (26%) of
gross income tax revenues derived from the Revenue Sharing Area.
C. This credit is based on the percentage of the projected income tax
revenues needed to offset the cost to serve the Revenue Sharing Area. This percentage
was established based on a Fiscal Impact Analysis prepared by BBC Research and
Consulting.
IIL INFRASTRUCTURE IMPROVEMENTS. FACILITIES MANAGEMENT. AND
PLANNING
A. Dublin and Columbus agree to establish a Capital Improvement Plan ("the
Plan") to identify necessary public infrastructure improvements.
B. Dublin shall receive a credit each year of the Agreement in the amount of
twenty-five percent (25%) of gross income tax revenues derived from the Revenue
Sharing Area to provide for capital improvements and the ongoing maintenance of public
infrastructure.
C. Dublin agrees to be responsible for the cost of design, acquisition and
construction of public infrastructure capital improvements identified in the Plan.
IV. NONCOMPETE OBLIGATION
A. If a company, other than a restaurant, hotel or retail establishment,
currently located in Columbus and which currently pays income taxes to Columbus
relocates its operations to the Revenue Sharing Area, then Dublin will pay to Columbus
one hundred percent (100%) of the gross income tax revenues generated by that company
in the Revenue Sharing Area, up to the amount of income tax paid to Columbus during
the most recent calendar year, and one hundred percent (100%) of the net income tax
revenues generated by that company on new jobs created in the Revenue Sharing Area.
B. If a company currently located in Dublin and which currently pays income
taxes to Dublin relocates its operations to within the Revenue Sharing Area, then Dublin
will retain one hundred percent (100%) of the net income tax revenues generated by that
company in the Revenue Sharing Area.
C. The Review Team, further described in the following section, will review
all Columbus and Dublin companies relocating to the Revenue Sharing Area to address
any outstanding issues.
V. REVIEW TEAM
A. A Review Team is hereby created, which shall meet annually in March
each year this Agreement is in effect, to review performance pursuant to the Agreement.
The Review Team will consist of 6 members - 3 appointed by the Mayor of Columbus
and 3 appointed by the City Manager of Dublin. Their respective designees may be
3
removed by the Mayor or City Manager at will.
B. The Review Team will examine the following items:
1. The annexations and rezonings that have taken place during the
previous year;
2. The gross amount of income taxes, net of refunds, collected from the
annexed areas within the Revenue Sharing Area;
3. The previous payments and current year estimated payments to be
made to Columbus under the Agreement;
4. The companies relocating to the Revenue Sharing Area from either
Dublin or Columbus;
5. Whether new capital improvements should be added to the Capital
Improvement Plan;
6. Whether the land uses approved for the annexed areas are compatible
with the land uses set forth in the Dublin Community Plan as it existed
on the effective date of this Agreement; and
7. Any other matters that may affect the Agreement.
C. The Review Team will prepare an annual report accounting for the total
income tax revenues, the amount credited to Dublin for providing the governmental
services, the amount credited to Dublin for capital improvements, and the amount of
revenues to be paid to Columbus.
D. The Review Team may meet at other times during the year as they deem
necessary to discuss matters that arise under the Agreement.
VL JOINT ECONOMIC DEVELOPMENT DISTRICT
A. Columbus and Dublin agree to use their best efforts to form a Joint
Economic Development District ("JEDD") for areas located north and west of the
Revenue Sharing Area within two (2) years of the execution of this Agreement.
B. Columbus and Dublin agree that neither party will enter into a JEDD
contract for areas located north and west of the Revenue Sharing Area unless both entities
are party to the JEDD contract.
C. With the exception of water and sanitary sewer (public utility) services,
Dublin will not provide governmental services to areas within the JEDD.
D. A separate capital improvement plan and fund will be established by a
future JEDD board to provide the necessary future transportation and utility infrastructure
4
improvements for the JEDD area.
VII. TERM
Except as otherwise set forth herein, this Agreement shall continue until April 13,
2043. This agreement may be renewed for successive periods of fifteen (15) years each,
upon the prior written agreement of the parties. Notwithstanding the foregoing and
notwithstanding the obligations set forth below, this Agreement and all obligations
hereunder shall terminate upon the termination of the Water Service Contract or the
Sewer Service Contract between Parties.
VIII. NO THIRD PARTY BENEFICIARY
Columbus and Dublin agree that this Agreement and the rights, duties, and
obligations hereunder, shall not inure to the benefit of, nor otherwise create any claim,
right of privilege to or for any person or entity not a party to this Agreement, nor shall
this Agreement be deemed an inducement to any Third Party to act in reliance upon the
terms and conditions hereof.
IX. ENTIRE AGREEMENT/MODIFICATION
Columbus and Dublin agree that the foregoing provisions constitute the entire
understanding and Agreement between the Parties regarding the growth, development,
and sharing of revenue applicable to the areas which are the subject hereof, and that this
Agreement shall not be modified, changed, or otherwise altered without the express
written consent of Columbus City Council and Dublin City Council by ordinance first
enacted.
X. APPLICABLE LAW; VENUE
This Agreement shall be governed by and construed in accordance with the laws
of the State of Ohio as to all matters, including, but not limited to, matters of validity,
construction, effect, and performance. The Parties consent to the exclusive jurisdiction of
the courts of the State of Ohio in Franklin County, and the United States District Court
for the Southern District of Ohio, Eastern Division, and waive any contention that any
such court is an improper venue for enforcement of this Agreement.
XI. ASSIGNMENT
This Agreement may not be assigned or transferred in whole or in part by either
Party. Any purported assignment in contravention of the terms of this provision is void.
XIL FURTHER ACTS
Consistent with the terms and conditions hereof, each Party shall execute and
deliver all instruments, certificates, and other documents and shall perform all other acts
which any other Party may reasonably request in order to carry out this Agreement and
the transactions contemplated hereby.
5
IN WITNESS WHEREOF, the City of Columbus, Ohio by its Director of
Department of Development, and City of Dublin, Ohio by its City Manager have
hereunto set their signatures as of the Effective Date.
THE CITY OF COLUMBUS, OHIO
By:
Director of Development
THE CITY OF DUBLIN, OHIO
By:
APPROVED AS TO FORM:
City Attorney, City of Columbus
City Manager
Law Director, City of Dublin
Date: Date:
6
Proposed Dublin/Columbus Revenue Sharing Area
Proposed Revenue Sharing Area (+!- 277.15 ac)
- Columbus Exclusive Expansion Areat
Dublin Exclusive Expansion Areat
~',_ J City of Dublin (Existing Incorporated Area)
N
0 500 1,000
Feet
Exclusive Ex~anson Ness arc baseC on the 19£3 DubinfCUUmbus Voter and £rr~er Cenlroct Serdce agreements.
referenced in ogeements as Exhibit a. All unincor;aated londs nd identified by an e¢F an;ion sren arc looted ~aRhin
the Cvblin;Cdumbu; NegoOOtcd Ex; ans~on Pfe~. ..- _ _ ~ ~~
•'k
~~ i w•~t
r ~ ~ ~
i +
t ~ - -., _
~''~~ ~t
..~
~E'
- _i
._r_._ _.~,___-_-_- -___
I;
~~~
' _
-~.~. _~_ l _ r -
.--. ._- -- -~'#,f~ PlA1N CITY-DUBLIN RO
~
~~ ~.
`
~ 11~ ~
L
~ 1-` ,
~
~ I -
`~ \, w
1 ,
1
40
~- ~
+/
-
`
a
~ir
_ .;
:
~- , -
.3
ac
~
~ r -
r E , >
~ ~ ~~ ~
~.
~
~----~ ~ 1 ~_ , ~~~. ~ ~
1 : M A 1
° n ~ ,F
r
r.
~
4
~ 1 mo'o'.': ~ Y...
'' O
~
to
t -a
~ .:..-,.
'; +/- 96.04 ac rte;- _ ~- -
~i... -~ ~
-__,y.
-...,-POSTRO M -_
t
of ~ ` ~
; /~~~"C~
~
.,~ ~
i ~
__. o
~ !
A:1~ ,
=/ UNION CO
~
FRANKLIN CO
``
10 ~
, -_
_
- -
s4- ~ t ~,
_. -
- ----- --~---- --~--- I _
G~
~
`
~ ..
^
p
i~
????? Ic
g
c
W s.,. ~ t~
~ !
F e' .. I
~` ~