18-91 Ordinance
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RECORD OF ORDINANCES
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Dayton Legal Blank Co. Form No. 30043
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Ordinance No.u . .18-.9.1 Passed 19 I..
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AN ORDINANCE AUTHORIZING THE
CITY MANAGER TO EXECUTE AN
AGREEMENT WITH MEDEX, INC.
I REGARDING THE EXTENSION OF
II: THE PUBLIC SEWER AND WATER
II. LINE, AND DECLARING AN
I EMERGENCY
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WHEREAS, Medex, Inc. has been a rapidly and aggressively expanding corporatt
entity in Central Ohio with its corporate headquarters in Hilliard and some I
I production facilities in Washington Township. Since early 1989, the i
I Company has been preparing for expanded production and research and develop+
I ment facilities at its Shier-Rings Road site by developing site plans with I
the architectural firm of Smith Associates and by approaching the City i
I concerning annexation. The 5.7 acre portion of Medex's 22.5 acre site at i
II the intersection of Avery Road and Shier-Rings Road has been incorporated i
11 within the City of Dublin since 1970; the residual 17 acres was (until i
II annexation on October 15, 1990) part of unincorporated Washington Township !
I located in the RI, Restricted Industrial zoning classification. Medex i
II formulated its plans for site expansion during the legally required
'I annexation moratorium prior to the consideration of the proposed merger
! of the City of Dublin and Washington Township as a ballot issue. Plans
II were predicated on an existing on-site sewage system, as well as existing
lion-site drinking water and fire suppression pond. After its building permi*,
I, State of Ohio #90-1999, was approved and construction initiated, the site I
II was annexed to the City of Dublin in the Kincaid et al. annexation. This I
I, annexation was accepted by the Dublin City Council on October 15, 1990;
II and,
II WHEREAS, the expansion enlarges the Medex facility from 54,000 square feet
III to approximately 100,000 square feet with an estimated construction cost i
I of $2,600,000. The Medex projected payroll for 1991 is $5,400,000.00 for i
II personnel reassigned to the enlarged Shier-Rings Road location during 1991. i
II It is expected that 216 employees will be permanently assigned at this I
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II facility by the end of 1991; and, I
Ii WHEREAS, it is recognized and affirmed by the City and Medex that the I
Ii circumstances of the annexation moratorium and subsequent adoption of I
Ii the annexation legislation present a unique situation which has preciPitate1
'Ii a dilem~a for the.Company. A pr~ference for.City utilities and annexation I
to Dublin was articulated early In the planning process by the Company
i which could not be accommodated in a timely fashion by the City becuase of I
II the annexation moratirum requirement. Therefore, the Company proceeded !
II with plans to service its expanded facility with on-site systems. The I
III City, too, has a preference for the use of public utilities at the site I
I and a keen interest in assuring that the site remains within Dublin. This i
I mutually beneficial agreement is made in recognition that the Medex I
i expansion now under construction and the addition of existing Company I
I employees and transferred Company employees will provide economic benefits i
to the City and enhance the quality of life within Dublin; I
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NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, I
State of Ohio, 7 of the elected members concurring:
Section 1. That the City of Dublin, in order to encourage Medex's
expansion of its Dublin facility desires to enter into an agreement
with the Company to enumerate the various ways in which the City can
assist in their proposed project.
Section 2. That a copy of the Agreement is hereto attached as Exhibit "A".
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RECORD OF ORDINANCES
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Dayton Legal Blank Co. Form No. 30043
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Ordinance No. 18-91 Passedu .19 I
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Page Two I
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Section 3. That the City Manager is hereby authorized and directed to ,
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execute said agreement with Medex, Inc. !
Section 4. That this Ordinance be, and the same hereby is, declared to be I
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an emergency measure necessary for the public health, safety and welfare, I
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and therefore, shall take effect and be in force immediately upon its I
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passage. I
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Passed this 18th day of March 1991- i
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Officer
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Attest: I
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/if ' ~h
". t{r/iA1/kJ '/!?l . J~J
erk of Co nci(l
I hereby cert:fy that cI1;1:o, ('f tl.:s o~~r!'!arm/~Gj}h]tlon were p051l'!d in the i
City of Dublin in accordanw "(;:1 Se{!ion 731.25 of tho Chio Revised Code.
/'
~fa'~-.M;'<J'y). '[i+-d.?L-?t-/)
tlerk of Council, Dublin, Ohio
I, Frances M. Urban €:Ierk of CQuncil, hereby certify that the
foregoing is 0 true copy of Ordinanc:l/~~J$~~ No. 18-91
.... duly adopted by the Council of the Wi of Dublin, Ohio, on the 18th
day of March , 991.
/7 l M J
__/ia /i...r!.t.'J 1JJ 't./ :&a.,.
Clerk of Council, (Dublin, Ohio
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AGREEMENT OF INTENT
BETWEEN
CITY OF DUBLIN
AND
MEDEX, INCORPORATED
.orlO.,
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EXHIBIT nAn
AGREEMENT OF INTENT
This Agreement of Inten~ is entered into on , 1991,
between the City of Dublin (the "City") and Medex, Inc. (the "Company") for the
purpose of encouraging the company to complete the expansion of its manufacturing
the research and development facility presently under construction, to encourage
the future expansion of Medex's facilities within Dublin, and to assert the
Company's commitment of annexation to Dublin.
That, therefore, the City and the Company set forth the following agreement
which represents a commitment on behalf of both parties to cooperate, predicated
on the previous recitation, as fo llows:
1- Authorization. The City hereby authorizes and approves the extension and
construction by Medex, Inc. or its agents, of an 8" public sewer line,
in accordance with the requirements of the City Engineer and applicable
City Code, along and upon the City rights-of-way.
2. Sewerage. That the City agrees to reimburse the Company for actual costs,
including engineering design fees, for the extension of the 8" public sewer
line to the site. All such reimbursement of fees shall not exceed $37,000.00.
The City agrees to rebate to the Company, $4,680.00 of the sewer tap permit
fees already collected in sewer tap permit #6452 dated December 26, 1990.
The City agrees to waive the engineering inspection fees for the extension
of the 8" public sewer line to the Medex site as described. The Company
agrees to comply fully with generally accepted City practices for the
installation of public sewers and to provide construction and maintenance
bonds as required.
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Agreement of Intent
City of Dublin/Medex, Inc.
Page Two
3. Water. That the City agrees to rebate to the Company $9,828.00 for Water
Tap Permits #6668 and #6669 dated December 26, 1990, which represents
Dublin's portion of the Company's anticipated water tap charges.
4. Payment. That the City agrees to make reimbursement payment to the Company
within 30 days after completion of construction of the public sewer line and
receipt of invoice from the Company, for all outstanding expenses advanced
by the Company pursuant to paragraphs one (1), two (2), and three (3)
above, not to exceed a total of $51,508.00 for all payments.
5. Landscaping. That the City agrees to provide and install seed and mulch
along the construction route upon the completion of the extension of the
public sewer and final grading thereof to the Medex site to comply with
accepted City practices.
The City agrees to provide and install street trees along Shier-Rings Road
when such installation by the City is planned for the remainder of Shier-Rings
Road.
6. That the Company agrees that in the unlikely event that the Kincaid et ale
annexation is altered or abrogated that the Company will file a petition with
the Franklin County Commissioners for annexation to Dublin within 90 days of
the date of the abrogation and will testify in favor of the annexation at both
the annexation hearings before the Franklin County Commissioners and the Dublin
City Council.
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Agreement of Intent
City of Dublin/Medex, Inc.
Page Three
7. That the Company agrees that it will be an active corporate citizen, and
will become involved in the public affairs of the City by participation in
community organizations and other opportunities for positive community
involvement.
So That the Company agrees to abide by the development standards of the City of
Dublin in planning and construction of all future expansion, and the City
agrees to expedite all applications, subject to code, which may need to be
heard by City boards and commissions, and to work closely with the Company
in its efforts to grow and expand within the City.
9. That the Company agrees to give full consideration to its Avery Road/Shier-
Rings Road site for future expansion of its facilities.
Signed this day of , 1991, on behalf of the City and
the Company.
MEDEX CITY OF DUBLIN
by: by: .~
C. Craig Waldbillig Timothy C. Hansley
Chief Executive Officer City Manager
Approved as to form:
~~2~
ephen J. Smith
City Law Director
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AGREEMENT OF INTENT
BETWEEN
CITY OF DUBLIN
AND
MEDEX, INCORPORATED
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EXHIBIT "A"
AGREEMENT OF INTENT
This Agreeme~t of Intent is entered into on , 1991,
between the City of Dublin (the "City") and Medex, Inc. (the "Company") for the
purpose of encouraging the company to complete the expansion of its manufacturing
the research and development facility presently under construction, to encourage
the future expansion of Medex's facilities within Dublin, and to assert the
Company's commitment of annexation to Dublin.
That, therefore, the City and the Company set forth the following agreement
which represents a commitment on behalf of both parties to cooperate, predicated
on the previous recitation, as follows:
1. Authorization. The City hereby authorizes and approves the extension and
construction by Medex, Inc. or its agents, of an 8" public sewer line,
in accordance with the requirements of the City Engineer and applicable
City Code, along and upon the City rights-of-way.
2. Sewerage. That the City agrees to reimburse the Company for actual costs,
including engineering design fees, for the extension of the 8" public sewer
line to the site. All such reimbursement of fees shall not exceed $37,000.00.
The City agrees to rebate to the Company, $4,680.00 of the sewer tap permit
fees already collected in sewer tap permit #6452 dated December 26, 1990.
The City agrees to waive the engineering inspection fees for the extension
of the 8" public sewer line to the Medex site as described. The Company
agrees to comply fully with generally accepted City practices for the
installation of public sewers and to provide construction and maintenance
bonds as required.
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Agreement of Intent
City of Dublin/Medex, Inc.
Page Two
3. Water. That the City agrees to rebate to the Company $9,828.00 for Water
Tap Permits #6668 and #6669 dated December 26, 1990, which represents
Dublin's portion of the Company's anticipated water tap charges.
4. Payment. That the City agrees to make reimbursement payment to the Company
within 30 days after completion of construction of the public sewer line and
receipt of invoice from the Company, for all outstanding expenses advanced
by the Company pursuant to paragraphs one (1), two (2), and three (3)
above, not to exceed a total of $51,50S.00 for all payments.
5. Landscaping. That the City agrees to provide and install seed and mulch
along the construction route upon the completion of the extension of the
public sewer and final grading thereof to the Medex site to comply with
accepted City practices.
The City agrees to provide and install street trees along Shier-Rings Road
when such installation by the City is planned for the remainder of Shier-Rings
Road.
6. That the Company agrees that in the unlikely event that the Kincaid et ale
annexation is altered or abrogated that the Company will file a petition with
the Franklin County Commissioners for annexation to Dublin within 90 days of
the date of the abrogation and will testify in favor of the annexation at both
the annexation hearings before the Franklin County Commissioners and the Dublin
City Council.
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Agreement of Intent
City of Dublin/Medex, Inc.
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Page Three
7. That the Company agrees that it will be an active corporate citizen, and
will become involved in the public affairs of the City by participation in
community organizations and other opportunities for positive community
involvement.
80 That the Company agrees to abide by the development standards of the City of
Dublin in planning and construction of all future expansion, and the City
agrees to expedite all applications, subject to code, which may need to be
heard by City boards and commissions, and to work closely with the Company
in its efforts to grow and expand within the City.
9. That the Company agrees to give full consideration to its Avery Road/Shier-
Rings Road site for future expansion of its facilities.
Signed this day of , 1991, on behalf of the City and
the Company.
MEDEX CITY OF DUBLIN
by: by: .~
C. Craig Waldbillig Timothy C. Hansley
Chief Executive Officer City Manager
Approved as to form:
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4en J. Smith
City Law Director