17-81 Ordinance
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/1l11Jt~AL ~, 1981 ORDINANCE NO. 17- i I
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The Village Council of the Village of Dublin, Ohio
met in regular session on this date with the following
members present:
I
~~Pffered the following ordinance and
moved the opt 0 o. t e' same, which was duly seconded by
&.A.b.J,~-l/ItJuh~.J.
,
ORDINANCE
AN ORDINANCE AUTHORIZING THE VILLAGE OF DUBLIN, OHIO TO
ENTER INTO AN AGREEMENT WITH OCLC ONLINE COMPUTER
LIBRARY CENTER, INCORPORATED, AN OaIO NON-PROFIT
CORPORATION, AUTHORIZING SUCH CORPORATION 1'0 COMMENCE
THE ACQUISITION, IMPROVEMENT AND EQUIPPING OF A PROJECT
WITHIN THE BOUNDARIES OF THE VILLAGE TO BE FINANCED
THROUGH THE ISSUANCE AND SALE OF REVENUE BONDS OF THE
-- VILLAGE; EMPLOYING BOND COUNSEL; AND DECLARING AN
EMERGENCY.
WHEREAS, the Village of Dublin, Ohio (the "Issuer"),
by virtue of the laws of the State of Ohio, particularly
Chapter 165, Ohio Revised Code, and the authorities therein
mentioned, wishes to take the necessary actions for the
issuance of Revenue Bonds in an aggregate principal amount
I now estimated not to exceed $25,000,000 for the purpose of
financing the costs of the acquisition, improvement and
equipping of personal property comprising an improvement and
=
equipping of a research, distribution and commercial facility
owned by OCLC Online Computer Library Center, Incorporated,
an Ohio non-profit corporation (the "Company") and used by
said Company in the operation of a research, distribution
and commercial facility providing and supporting a compu-
terized network of cataloging and related bibliographic
services for libraries and for related purposes (the "Project");
and
WHEREAS, this Village Council has considered the
matters set forth in the Agreement to Issue Bonds of even
date herewith in the form attached hereto and marked Exhibit
A; and
e WHEREAS, the Project is more particularly described
in Exhibit I to said Agreement to Issue Bonds;
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NOW, THEREFORE, BE IT ORDAINED by the Village
e Council of the Village of Dublin, State of Ohio:
Section 1. This Village Council does hereby find
and determine that:
(a) The Project will be a "project" within the
meaning of that term as defined in Section 165.01, Ohio
Revised Code; and
I (b) The Project is consistent with the purposes
of Section 13 of Article VIII, Ohio Constitution, to
create or preserve jobs and employment opportunities
and to improve the economic welfare of the people of
the Issuer and the State of Ohio.
Section 2. In order to assist in the financing of
the Project, this Village Council hereby agrees to authorize
and issue revenue bonds of the Issuer in the aggregate
amount now estimated not to exceed $25,000,000 pursuant to
Chapter 165, Ohio Revised Code, upon the terms provided in
the form of Agreement to Issue Bonds attached h~reto as
Exhibit A, which is hereby in all respects approved. The
Village Manager is hereby authorized and directed to execute
such Agreement sUbstantially in such form with such changes
as are not adverse to the Issuer as the Village Manager may
e approve, such execution being conclusive evidence of
approval of any such changes.
Section 3. That the authority of this ordinance
shall include the issuance of revenue notes in anticipation
of Bonds but without diminishing the aggregate principal
amount of said Bonds authorized hereunder.
I Section 4. Squire, Sanders & Dempsey of Columbus,
Ohio, be and hereby are employed as bond counsel to prepare
proceedings for and approve the Bonds. The fees and expenses
of said bond counsel shall be paid by the Company or from
the proceeds of the issuance of the Bonds, and shall in no
event by charged to or otherwise be an obligation of this
Village Councilor the Issuer.
Section 5. It is found and determined that all
formal actions of this Village Council concerning and relating
to the passage of this ordinance were undertaken in an open
meeting of this Village Council, and t~at all deliberations
of this Village Council that resulted in such formal actions
were in meetings open to the public in compliance with
Section 121.22 of the Ohio Revised Code.
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Section 6. This ordinance is hereby declared to
e be an emergency measure, the immediate passage of which is
necessary for the preservation of the public peace, health
and safety and for the further reason that this ordinance
must be immediately effective in order to eliminate the
hazards and expenses to the Issuer and its people resulting
in the lack of job opportunities; wherefore, this ordinance
shall take effect and be in force immediately upon its
passage.
I The foregoing motion having been put to a vote,
the resolution of the roll call was as follows:
!/2~4Il t!A~;,4.-/ -YeA
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~~ ~~~h~) Y!or Y~L
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rx.,4~4~ 7/J~ Ye4 I
.Ld4~~ 'l/1oM~, t/~)YP1''' Yea. !
e J'1~d .,/Jn~'.ftAr y",,,,-
Passed this 2A1d day of )g~~, 1981
Mayor
I ATTEST:
I, Dorothy M. Semans. Clerk of the Village Council of
the Village of Dublin, Ohio, do hereby certify that the
foregoing is a true and correct copy of the original ordinance
as passed by the Village Council of the Village of Dublin,
Ohio, on 7/Jh4.A1r - Z. I 1'2/ .
e Council
Dated: )HCbV~~ ' 1981
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. EXHIBIT A
AGREEMENT TO ISSUE BONDS
e
THIS AGREEMENT, entered into as of the ____ day of
March, 1981, between the VILLAGE OF DUBLIN, OHIO (hereinafter
called the "Issuer"), a municipal corporation organized and
I existing under the Constitution and laws of the State of
Ohio, and OCLC Online Computer Library Center, Incorporated
(hereinafter called the "Company"), an Ohio non-profit
corporation, for the purposes of creating or preserving jobs
and employment opportunities and improving the economic
welfare of the people of the Issuer and the State of Ohio
,
(hereinafter called the "State"),
e WIT N E S_S E T H:
WHEREAS, the Company desires to acquire and install
personal property constituting an improvement and equipping
I of a research, distribution and commercial facility located
within the boundaries of the Issuer, which facility will be
used by the Company in the operation of a research, distribution
and commercial facility utilizing and providing a computerized
network of bibliographic and cataloging services for libraries,
and for related purposes (the "Project"); and
WHEREAS, the Company has evidenced a desire to
finance such acquisition, improvement and equipping from the
proceeds of Revenue Bonds of the Issuer (hereinafter called
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the "Bonds") issued pursuant to the authority of Article
e VIII, Section 13, of the Ohio Constitution and Chapter 165
of the Ohio Revised Code, in an aggregate principal amount
estimated not to exceed $25,000,000; and
WHEREAS, the Project will create or preserve jobs
, and employment opportunities for residents of the Issuer and
improve the economic welfare of the Issuer and its people;
and
WHEREAS, it is the desire of the Issuer that such
added jobs and employment opportunities be provided at the
earliest possible moment and that the economic improvement
produced by the acquisition, improvement and eqdipping occur
at the earliest possible time;
e NOW THEREFORE, in consideration of the foregoing,
the Issuer and the Company hereby agree as follows:
1. The Company shall commence the acquisition,
improvement and equipping of the Project which will provide
I additional jobs and employment opportunities and improve the
economic welfare of the Issuer and the State. Except to the
extent that interim financing is provided in the form of
notes issued in anticipation of the Bonds, the Company will
provide, or cause to be provided at its own expense, the
necessary interim financing to permit such acquisition,
improvement and equipping to commence promptly. The Company
also agrees that upon the issuance of any of the Bonds of
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the Issuer it will, at least to the extent financed with the
e proceeds of Bonds, enter into a lease with an agreement or
option to purchase, loan agreement or conditional or install-
ment sale agreement with the Issuer under which the Company
will make payments sufficient to pay the principal of and
I any premium and interest on such Bonds and such additional
payments as may be required or provided by law and the bond
legislation to pay all taxes and special assessments, if
any, and whatever sums may be required for operation,
maintenance and depreciation of the Project. The parties
hereto further agree that the Company shall be reimbursed
from the proceeds of Bonds for the costs incurrid directly
or indirectly for or in connection with the Project whether
e such costs shall be incurred prior to, at or after delivery
of the Bonds of any series.
2. Upon receipt of a request from the Company,
the Issuer will, subject to the requirements and provisions
I of law, enact the legislation necessary to authorize the
issuance of Bonds either at one time or in series from time
to time, and the execution on behalf of the Issuer of the
necessary documents therefor as requested by the Company,
provided that the Bonds shall not represent or constitute a
debt or a pledge of the faith and credit of the Issuer and
shall not obligate or pledge any moneys raised by taxation,
but the repayment of the principal of and any premium and
interest on the Bonds shall be made solely and only from the
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rentals, loan payments, revenues and other income, charges
e and moneys derived from the lease, sale, use or other disposition
of the Project. The Bonds of any series and accompanying
documents shall have such terms as shall be approved by the
Company and the Issuer, and the Issuer will deliver the
I Bonds to the purchaser or purchasers thereof designated by
the Company and will cooperate to its fullest extent in
consUmmating the transaction or transactions.
3. In order to induce the Issuer to execute and
deliver this Agreement and ultimately to issue the Bonds as
aforesaid, the Company hereby agrees to defend, indemnify
/
and hold the Issuer and any and all officials thereof
harmless against any and all loss, cost, expense, claims or
e actions arising out of or connected with the execution and
delivery of this Agreement and the consummation of the
transactions provided for herein and contemplated hereunder,
including the preparation of proceedings for, and the
I issuance, sale or delivery of, the Bonds.
4. All wages paid to laborers and mechanics
employed on the Project shall be paid at not less than the
prevailing rates of wages of laborers and mechanics for the
class of work called for by the Project, which wages shall
be determined in accordance with the requirements of Chapter
4115, Ohio Revised Code, for determination of prevailing
wage rates; provided, however, that should a non-public user
beneficiary undertake, as part of the Project, construction
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to be performed by its regular bargaining unit employees who
e are covered under a collective bargaining agreement which
was in existence prior to the date of this Agreement then,
in that event, the rate of pay provided under the collective
bargaining agreement may be paid to such employees. In
I addition, to the extent required by Section 4115.032, Ohio
Revised Code, the Company shall comply, and shall require
compliance by all contractors or subcontractors working on
the Project, with all applicable requirements of Sections
4ll5.~3 through 4115.16, Ohio Revised Code, including,
without limitation, obtaining or causing to be obtained from
the Ohio Department of Industrial Relations (i)! its determination
of the prevailing rates of wages to be paid for the class of
e work called for by the Project and (ii) if requested by the
Issuer, request it to designate a Prevailing Wage Coordinator
for the Project, pursuant to Section 4115.032, Ohio Revised
Code. Prior to the issuance of the Bonds of any series, the
I Company shall be required to provide the Issuer with evidence,
satisfactory to the Issuer, that it has complied with the
foregoing agreements.
IN WITNESS WHEREOF, the Issuer, pursuant to an
ordinance passed by its Village Council on March __, 1981,
has caused this Agreement to be executed by the Village
e
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e Manager of the Issuer and the Company has caused this
Agreement to be executed by its duly authorized officers, as
of the day and year first above written.
OCLC ONLINE COMPUTER LIBRARY VILLAGE OF DUBLIN, OHIO
CENTER, INCORPORATED
I By By
Village Manager
By
I
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"
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e AGREEMENT TO ISSUE BONDS
THIS AGREEMENT, entered into as of the _ day of
March, 1981, between the VILLAGE OF DUBLIN, OHIO (hereinafter
I called the "Issuer"), a municipal corporation organized and
existing under the Constitution and laws of the State of
Ohio, and OCLC Online Computer Library Center, Incorporated
(hereinafter called the "Company"), an Ohio non-profit
corporation, for the purposes of creating or preserving jobs
and employment opportunities and improving the economic
welfare of the people of the Issuer and the State of Ohio
(hereinafter called the "State"),
e WIT N E SSE T H:
WHEREAS, the Company desires to acquire and install
personal property constituting an improvement and equipping
I of a research, distribution and commercial facility located
within the boundaries of the Issuer, which facility will be
used by the Company in the operation of a research, distribution
and commercial facility utilizing and providing a computerized
network of bibliographic and cataloging services for libraries,
and for related purposes (the "Project"); and
WHEREAS, the Company has evidenced a desire to
finance such acquisition, improvement and equipping from the
e proceeds of Revenue Bonds of the Issuer (hereinafter called
-
~
.
e the "Bonds") issued pursuant to the authority of Article
VIII, Section 13, of the Ohio Constitution and Chapter 165
of the Ohio Revised Code, in an aggregate principal amount
estimated not to exceed $25,000,000; and
WHEREAS, the Project will create or preserve jobs
I and employment opportunities for residents of the Issuer and
improve the economic welfare of the Issuer and its people;
and
WHEREAS, it is the desire of the Issuer that such
added jobs and employment opportunities be provided at the
earliest possible moment and that the economic improvement
produced by the acquisition, improvement and equipping occur
at the earliest possible time;
e NOW THEREFORE, in consideration of the foregoing,
the Issuer and the Company hereby agree as follows:
1. The Company shall commence the acquisition,
improvement and equipping of the Project which will provide
I additional jobs and employment opportunities and improve the
economic welfare of the Issuer and the State. Except to the
extent that interim financing is provided in the form of
notes issued in anticipation of the Bonds, the Company will
provide, or cause to be provided at its own expense, the
necessary interim financing to permit such acquisition,
improvement and equipping to commence promptly. The Company
also agrees that upon the issuance of any of the Bonds of
e
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..
. \.
~
e the Issuer it will, at least to the extent financed with the
proceeds of Bonds, enter into a lease with an agreement or
option to purchase, loan agreement or conditional or install-
ment sale agreement with the Issuer under which the Company
will make payments sufficient to pay the principal of and
I any premium and interest on such Bonds and such additional
payments as may be required or provided by law and the bond
legislation to pay all taxes and special assessments, if
any, and whatever sums may be required for operation,
maintenance and depreciation of the Project. The parties
hereto further agree that the Company shall be reimbursed
,
,
from the proceeds of Bonds for the costs incurred directly
or indirectly for or in connection with the Project whether
e such costs shall be incurred prior to, at or after delivery
of the Bonds of any series.
2. Upon receipt of a request from the Company,
the Issuer will, subject to the requirements and provisions
I of law, enact the legislation necessary to authorize the
issuance of Bonds either at one time or in series from time
to time, and the execution on behalf of the Issuer of the
necessary documents therefor as requested by the Company,
provided that the Bonds shall not represent or constitute a
debt or a pledge of the faith and credit of the Issuer and
shall not obligate or pledge any moneys raised by taxation,
but the repayment of the principal of and any premium and
interest on the Bonds shall be made solely and only from the
e
-3-
! -
. .. .
,
..
e rentals, loan payments, revenues and other income, charges
and moneys derived from the lease, sale, use or other disposition
of the Project. The Bonds of any series and accompanying
documents shall have such terms as shall be approved by the
Company and the Issuer, and the Issuer will deliver the
I Bonds to the purchaser or purchasers thereof designated by
the Company and will cooperate to its fullest extent in
consummating the transaction or transactions.
3. In order to induce the Issuer to execute and
deliver this Agreement and ultimately to issue the Bonds as
aforesaid, the Company hereby agrees to defend, indemnify
I
and hold the Issuer and any and all officials thereof
harmless against any and all loss, cost, expense, claims or
e actions arising out of or connected with the execution and
delivery of this Agreement and the consummation of the
transactions provided for herein and contemplated hereunder,
including the preparation of proceedings for, and the
I issuance, sale or delivery of, the Bonds.
4. All wages paid to laborers and mechanics
employed on the Project shall be paid at not less than the
prevailing rates of wages of laborers and mechanics for the
class of work called for by the Project, which wages shall
be determined in accordance with the requirements of Chapter
4115, Ohio Revised Code, for determination of prevailing
wage rates; provided, however, that should a non-public user
beneficiary undertake, as part of the Project, construction
e
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..
~ ~ .
.. , .
...
to be performed by its regular bargaining unit employees who
e are covered under a collective bargaining agreement which
was in existence prior to the date of this Agreement then,
in that event, the rate of pay provided under the collective
bargaining agreement may be paid to such employees. In
I addition, to the extent required by Section 4115.032, Ohio
Revised Code, the Company shall comply, and shall require
compliance by all contractors or subcontractors working on
the Project, with all applicable requirements of Sections
4115.03 through 4115.16, Ohio Revised Code, including,
without limitation, obtaining .or causing to be obtained from
,
the Ohio Department of Industrial Relations (i)! its determination
of the prevailing rates of wages to be paid for the class of
e work called for by the Project and (ii) if requested by the
Issuer, request it to designate a Prevailing Wage Coordinator
for the Project, pursuant to Section 4115.032, Ohio Revised
Code. Prior to the issuance of the Bonds of any series, the
I Company shall be required to provide the Issuer with evidence,
satisfactory to the Issuer, that it has complied with the
foregoing agreements.
IN WITNESS WHEREOF, the Issuer, pursuant to an
ordinance passed by its Village Council on March __, 1981,
has caused this Agreement to be executed by the Village
e
-5-
a
, .
.... .
-
e Manager of the Issuer and the Company has caused this
Agreement to be executed by its duly authorized officers, as
of the day and year first above written.
OCLC ONLINE COMPUTER LIBRARY VILLAGE OF DUBLIN, OaIO
CENTER, INCORPORATED
I By By
Village Manager
By
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.,I January 29, 1981 I
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DESCRIPTION OF 53.1 ACRES OF LAND
I ~ ON THE WESTERLY SIDE OF AVERY ROAD AND
.'1 SOUTH OF BRAND ROAD IN THE VILLAGE OF DUBLIN,
I! FRANKLIN COUNTY, OHIO
'I
I It Situated in the State of Ohio, County of Franklin, Village
of Dublin, being in Virginia Military Survey No. 3009,. containing
53.1 acres of land, more or less, said 53.1 acres being out of that
'80.677 acre tract of land referred to as Tract Two and described
in a deed to Muirfield Ltd., of record in Deed Book 3349, Page
584,. Recorder's Office, Franklin. County, Ohio and in Deed Book 377,
Page 418, Recorder's Office, Delaware County, Ohio, said 53.1
acres being more particularly described as follows:
Beginning, for .reference, at a spike at the centerline
intersection of Brand Road and Ave~y Road at the northeasterly
corner of said Traqt TWo, the same being the northeasterly corner
of that 6.900 acre tract of land conveyed to Northwest united
Methodist Church by deed of record in Deed book 3776, Page 53,
Recorder's Office, Franklin County, Ohio, said reference point of
H beginning being in the northerly extension of the easterly line of
it said virginia Military Survey No. 3009; thence, from said I
It reference point of beginning, S 160 32' 28" E, with the centerline I
II of said Avery Road, with the easterly line of said Tract Two, with
:: the easterly line of said 6.900 acre tract, with said northerly I
r extension of the easterly line of Virginia Military Survey No.
t 3009 and with the easterly line of said Virginia Military Survey
No. 3009, a distance of 285.19 feet to the true point of beginning
at the southeasterly corner of said 6.900 acre tract;
I Thence, from said true point of beginning, S 160 32' 28" E,
ILwith the centerline of said Avery Road, with the easterly line of I
il said Tract Two and with the easterly line of said Virginia 1
i Military Survey No. 3009, a distance of 2125.55 feet to the
i northeasterly corner of that 20.677 acre tract of land described I
I in EXHIBIT "A" of the deed to the Village of Dublin, of record in i
, Deed Book 3493, Page 867, Recorder's Office, Franklin County, Ohio:;
Thence N 820 54' 21" W, with the northerly line of said 20.6771
acre tract, a distance of 1321.28 feet to a point in a westerly I
line of said Tract Two at the northwesterly corner of said .20.677
acre tract:
Thence N 170 18' 02" W, with a westerly line of said Tract I,
Two, a distance of 1648.50 feet to a northwesterly corner of said I
Tract Two:
Thence N 740 41' 11" E, with a northerly line of said Tract
Two, a distance of 509.90 feet to a corner of said Tract Two; !
Thence N 160 46' 12" W, with a westerly line of said Tract I
[Two, a distance of 100.00 feet to the southwesterly corner of said:
" 6.900 acre tract; I
Ii Thence eastwardly, crossing said Tract Two and with the i
Ii southerly boundary of said 6.900 acre tract, the following three .
j courses and distances:.... I
j i . I
II 1.) S 750 49' 00" E, a distance of 341.38 feet to a point, ,
I' 2.) N 520 31' 26"E, a distance of 188.09 feet to a point; I
,! 3.) N 810 10' 32" E, a distance of 256.08 feet to the true I
, point of beginning and containing 53.1 acres of land, more or I
less.
,
Subject to all rights-of-ways,easements and restrictions,
PAGE 1 OF 2 PAGES
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# .l! , January 29, 1981
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ii DESCRIPTION OF 53.1 ACRES OF LAND (Cont'd.)
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It 'f f. d Also subject to all legal highways.
l! 1 any, 0 prev10us recor .
II The above description was prepared, in part, from an actual
I L field survey (field sur~ey conducted on January 9, 1980, by Bauer,
!l Borowitz & Merchant, Inc. on said 6.900 acre tract) and from
II information taken from existing available records.
il THIS DESCRIPTION DOES NOT MEET CURRENT SURVEYING STANDl\RDS
i FOR.USE IN THE CONVEYANCE OF'PROPERTY AND SHOULD BE USED
f ACCORDINGLY.. .
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PAGE 2 OF 2 PAGES' I
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