014-96 Ordinance
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REVISED 3/28/96
ORDINANCE NO. 14-96
AN ORDINANCE DECLARING IMPROVEMENTS TO CERTAIN PARCELS
OF REAL PROPERTY TO BE A PUBLIC PURPOSE, DESCRIBING THE
PUBLIC INFRASTRUCTURE IMPROVEMENTS TO BE MADE TO BENEFIT
,., THOSE PARCELS, REQUIRING THE OWNERS THEREOF TO MAKE
SERVICE PAYMENTS IN LIEU OF TAXES, AUTHORIZING AN
.''* AGREEMENT WITH DUKE REALTY LIMITED PARTNERSHIP, F.A.
KOHLER COMPANY AND RR PARTNERS WITH RESPECT TO THOSE
PAYMENTS, ESTABLISHING A MUNICIPAL PUBLIC IMPROVEMENT
TAX INCREMENT EQUIVALENT FUND FOR THE DEPOSIT OF SUCH
SERVICEPA YMENTS, AUTHORIZING A RELATED AMENDMENT OF AN
AGREEMENT WITH THE DUBLIN CITY SCHOOL DISTRICT, AND
DECLARING AN EMERGENCY.
WHEREAS, Ohio Revised Code Sections 5709.40, 5709.42 and 5709.43 provide that
this Council may declare improvements to parcels of real property located in the City to be a
public purpose thereby exempting those improvements from real property taxation for a period
of time, specify public infrastructure improvements to be made to benefit those parcels, provide
for the making of semiannual service payments in lieu of taxes by the owners thereof, and
establish a municipal public improvement tax increment equivalent fund into which such service
payments shall be deposited; and
WHEREAS, Duke Realty Limited Partnership, F.A. Kohler Company and RR Partners
will each acquire certain real property located in the City, which property is described in Exhibit
-- A hereto (collectively, the Property) and may be acquired in phases over time, and contemplate
making improvements to the Property, and this Council expects to make the public infrastructure
- improvements (the Infrastructure Improvements) generally described in Exhibit B hereto that
once made would directly benefit the Property; and
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WHEREAS, the need for those Infrastructure Improvements relative to the Improvements
(as hereinafter defined) on the Property, and that those Infrastructure Improvements will directly
benefit the Property, is documented in part in the City's Southwest Area Plan and in the traffic
study conducted by Barton-Aschman Associates, Inc. and presented to the City on October 30,
1995; and
WHEREAS, the City has determined that it is necessary and appropriate and in the best
interests of the City to provide for semiannual service payments in lieu of taxes with respect to
the Property pursuant to Section 5709.42 of the Ohio Revised Code (the Tax Increment
Financing); and
WHEREAS, proceeding with the Tax Increment Financing authorized by this Ordinance
will be contingent upon the taking effect of appropriate rezoning(s) of the Property now
proposed and under consideration by this Council; and
WHEREAS, this Council will, in coordination with the implementation of the Tax
....."""" Increment Financing, create and allocate to a special capital improvement fund for the initial
financing of certain of those Infrastructure Improvements municipal income taxes to be derived
from the Improvements on the Property and other revenues of the City; and
WHEREAS, the implementation of the Tax Increment Financing is further contingent on
the execution of the Amendment to the Municipal Income Tax Revenue Sharing Agreement
referred to in Section 5 of this Ordinance;
WHEREAS, notice of the Tax Increment Financing proposed in this Ordinance has been
delivered to the Dublin City School District in accordance with Section 5709.40 of the Ohio
Revised Code and to the Central Ohio Joint Vocational School District in accordance with
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Section 5709.83 of the Ohio Revised Code, and pursuant to Section 5709.40 the Dublin City
School District has approved or is deemed to have approved the exemptions provided for hereby;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
Counties of Franklin, Union and Delaware, State of Ohio, that:
Section 1. Pursuant to and in accordance with the provisions of Ohio Revised Code
Section 5709.40, this Council hereby finds and determines that 100% of the increase in true
-- value of the Property subsequent to the effective date of this Ordinance (which increase in true
value is hereinafter referred to as the "Improvements" as defined in Section 5709.40) is a public
.~.jj purpose, and 100% of the Improvements is hereby declared to be a public purpose and exempt
from taxation for a period commencing on the date of passage of this Ordinance and ending with
the earlier of the lesser of (i) ten (10) years or (ii) that number of years ending with the
conclusion of the year in which the amount of service payments in lieu of taxes made pursuant
to Section 3 of this Ordinance and deposited into the Thomas/Kohler Municipal Public
Improvement Tax Increment Equivalent Fund (the Fund) established pursuant to Section 4 of this
Ordinance equals or exceeds the three million dollar ($3,000,000) cost of Infrastructure
Improvements to be paid from that Fund, and the Amendment to the Municipal Income Tax
Revenue Sharing Agreement referred to in Section 5 of this Ordinance shall provide that any
amount received into that fund in excess of $3,000,000 shall be paid to the Dublin City School
District. In no event shall such exemption extend beyond the date on which the City can no
longer require semiannual service payments in lieu of taxes under Sections 5709.40 and 5709.42
of the Revised Code, all in accordance with the requirements of said Sections 5709.40 and
5709.42.
Section 2. The Infrastructure Improvements set forth in Exhibit B hereto are hereby
designated as those Infrastructure Improvements that directly benefit, or that once made will
directly benefit, the Property.
~""'l Section 3. As provided in Section 5709.42 of the Revised Code, the respective owner
or owners of the Improvements are hereby required to, and shall make, semiannual service
:.."_"li payments in lieu of taxes to the County Treasurer on or before the final dates for payment of
real property taxes, which service payments shall be deposited in the Fund established pursuant
to Section 4 of this Ordinance. The Tax Increment Financing and Economic Development
Agreement between the City and Duke Realty Limited Partnership, F.A. Kohler Company and
RR Partners, a copy of which is on file with the Clerk of Council, under which the Duke Realty
Limited Partnership, F.A. Kohler Company and RR Partners respectively agree to make
semiannual service payments in lieu of taxes for those portions of the property owned by each
of them, is hereby approved, and the City Manager and Director of Finance are hereby
authorized and directed to execute said Agreement on behalf of the City in substantially the form
on file with the Clerk of Council, together with such revisions or additions thereto as are
approved by the City Manager and Director of Finance, and those City officials are further
authorized to provide such information and to execute, certify or furnish such other documents,
and to do all other things as are necessary for and incidental to carrying out the provisions of
that Agreement.
Section 4. This Council hereby establishes, pursuant to and in accordance with the
provisions of Section 5709.43 of the Ohio Revised Code, the Thomas/Kohler Project Municipal
Public Improvement Tax Increment Equivalent Fund, into which shall be deposited all of the
semiannual service payments in lieu of taxes distributed to the City with respect to the
........., Improvements on the Property by or on behalf of the County Treasurer as provided in Section
5709.42 of the Ohio Revised Code, and hereby provides that all of the moneys deposited in the
Fund shall be used solely for the following purposes:
(i) To pay the cost of constructing the Infrastructure Improvements;
(ii) To pay the interest on and principal of bonds or notes issued by the City in order
to finance the Infrastructure Improvements until such notes or bonds are paid in full; and
(iii) To make payments to the Dublin City School District as provided in Section 1
of this Ordinance.
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The Fund shall remain in existence so long as such service payments are collected and
used for the aforesaid purposes, after which said Fund shall be dissolved in accordance with said
Section 5709.43.
Section 5. The Amendment to the Municipal Income Tax Revenue Sharing Agreement
dated February 27, 1995, between the City and Dublin City School District, a copy of which
Amendment is on file with the Clerk of Council, under which the School District agrees it will
not receive municipal income tax payments under Section 5709.82 of the Revised Code with
- respect to the exemption under this Ordinance, is hereby approved, and the City Manager and
Director of Finance are hereby authorized and directed to execute that Amendment on behalf of
~;.,.,;r the City in substantially the form on file with the Clerk of Council, together with such revisions
or additions thereto as are approved by the City Manager and Director of Finance.
Section 6. Pursuant to Section 5709.40 of the Ohio Revised Code, the Clerk of Council
is hereby directed to deliver a copy of this Ordinance to the Director of the Department of
Development of the State of Ohio within fifteen days after its passage. On or before March 31
of each year that the exemption set forth in Section 1 hereof remains in effect, the Clerk of
Councilor other authorized officer of this City shall prepare and submit to the Director of the
Department of Development of the State of Ohio the status report required under Section
5709.40(D) of the Ohio Revised Code.
Section 7. 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 that resulted in those formal actions were in
meetings open to the public in compliance with the law.
Section 8. This Ordinance is hereby declared to be an emergency measure necessary for
the immediate preservation of the public peace, health, safety and welfare of this City and for
the further reason that it is immediately necessary to provide for the funding for the
- Infrastructure Improvements so that the Infrastructure Improvements may be constructed as
quickly as possible, thereby permitting development of the Property which will provide needed
.,.,,* jobs and employment opportunities; wherefore, this Ordinance shall be in full force and effect
immediately after its passage.
Si~~
Presiding Officer
Attest: ~ ~C'/~
. Clerk of Council
Passed: ~/, 1996
Effective: ~ 1.,1996
I hereby certify that copies of this Ordinanw/Re5()lbl;ulI were posted in thl
- City of Dublin in accordance with Section 731.25 of the Olio Revised Code,
~a~~
(INk of (ouncil, Dublin, Ohio
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
lune 26, 1995
Revised Ol;t, 5, 1995
Revised Feb. 1. 1996
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DESCRIPTION OF 111.72 ACRES
NORTH OF RlNGS ROAD
.to'" WEST OF fNTERST ATE ROUTE 270
CITY OF DUBLIN, OHIO
Situated in the: State of Ohio, Counly of Franklin, City of Dublin, being all thaI
land described in a deed to RR Partners, of record in Official Record Volwne 31014, page
CO), aJI Ulat land as described in a deed 10 Frank A. Thomas and Ruth E. TI10 mas , of
record in Deed Dook 313 7, Paee 521, all that land as described in a Certificate of
Transfer to Frank F. Thomas, of record in Official Record Volume 19&68, Page HOS, all
references being to the records of the Recorder's Office, Franklin County, OlUo, and being
more particularly described as (allows:
Beginning at the southeastecly comer of the Thomas properly at the intersection
of Lhe westerly limited access right-of-way line of Interstate Rout~ 270 with the centerline
of (old) Rings Road;
Thence South 79- 49' 03" West, along said centerline, a distance of 232.17 feet
to an angJe point;
Thence South 70- 1 I' 03" West, continuing along said centerline:, a distance of
1566.29 feet to a point of curvature;
Thence continuing along said centuline with tJle arc of a Curve to the righi, having
a radius of 403.41 feet, a central angle of 12" 06' 29", the chord of which beacs South
76- 14' 18" West, a chord distance of 85.09 feet 10 the point of tangency at the
- southW'esterJy comer of said RR Partners property;
Thence North 6" 31' 55" West, along the wosterly line of said RR Partneu
.,.",'" property, a distance or 1026.98 feet to an angli! point;
Thence; North 6" 46' 38" West, continuing along said westerly line, a distance of
412.72 feet to an angle point;
Thence North 6- 56' 38" West, continuing along said westerly linc. a distance of
1584.73 feet to the nonhwesterly corner of said RR Partners property;
Thence South 89- 14' IS" E83I, along the nonherly line of said RR. Panners
property, a dislance of 859.35 feet to the northeasterly comer of same. the northwesterly
comer of said Thomas propeny;
TJlcnce South 89- 07' 50" East, along the nonherJy line of said Thomas property,
a distance of 1020.78 feet to the northeasterly comer of same tuld in the westerly limited
access right-or-way line of lnterslate Route 270;
Thence along said righl-of-way line the fOllOwing four courses:
L With the arc of a non-tangent curve to the left, haVing a radius of 7623.36
- fect. a central angle of 2- 48' 21", the chord of which bears South 1- 54'
56" West, a chord distance of 373.32 feel lo an angle point;
2. South IS" OS' 52" East. a distance of 102.39 feet to an angle point;
3. With the arc of a non-tangent CUIVe to the left, having a radius of 7596.36
feet, a cenlIal angle of 12- 32' 46", the chord of which bears South 6- 30'
14" East, a chord distance of 1660.07 feel to the point of tangency;
~ 4. South 12- 46' 3&" Easl, a dislllIlce of 269.41 feet to llie place of beginning
and conlaining 111.72 acres of land,
-"" Bearings herein ace based on those of the subdivision "'Turtle Crossing North",
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'flUs description was prepared by M.E Civil Engineering, Inc., based on
information from recent swveys and records of the: Franklin County Recorder's Office.
53103111. 720\15
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EXHIBIT B
DESCRIPTION OF PUBLIC IMPROVEMENTS
The Public Improvements consist of constructing all or a portion of a new north-south street
(Emerald Parkway) to connect Britton Parkway south of Rings Road with Shier Rings Road; a
new east-west street (Woerner-Temple Road) extending west to Avery Road from Rings Road
...... at 1-270; a commercial loop road located east of Emerald Parkway and connecting Emerald
Parkway at the north end of the Property with Woerner-Temple Road; and widening Britton
....... Parkway from Rings Road to Tuttle Crossing Boulevard. The public roadway improvements for
Emerald Parkway. Woerner-Temple Road and the loop road include pavement, landscaped
median, curbs and gutters, two culvert crossings over Cramer Ditch, one culvert crossing over
Geary Ditch, one culvert crossing over Cosgray Ditch, street lighting, storm sewers, sanitary
sewers, water mains, sidewalk and bikeways, bikeway underpass, landscaping within the right-
of-way and traffic signal improvements at Shier Rings Road and Woerner-Temple Road. Also
included is widening of Britton Parkway from three to four lanes south of Rings Road. In
addition, also included are any necessary improvements to Rings Road and Shier Rings Road
to connect the new streets to existing pavement. In addition, the public improvements include
design and other related costs, any required land acquisition needed for right-of-way, easements,
final plat preparation as required, erosion and sediment control measures, traffic control devices,
grading and other related work, survey work, soil engineering for the public street, construction
staking and all other matters and activities necessary and appurtenant to those public
improvements.
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