52-95 Ordinance
(Amended)
ORDINANCE NO. S' >-.. - 95
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AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY
OF VARIOUS REAL ESTATE AND ECONOMIC DEVELOPMENT
AGREEMENTS BETWEEN THE CITY, WHITMIRE DISTRIBUTION
CORPORATION AND CARDINAL HEALTH, INC. TO INDUCE
WHITMIRE DISTRIBUTION CORPORATION TO ACQUIRE THE
[ McKITRICK OFFICE PARK AND TO CONSTRUCT THEREON AT
LEAST 160,000 SQUARE FEET OF OFFICE SPACE IN ORDER
TO INCREASE EMPLOYMENT WITHIN THE CITY, AND
DECLARING AN EMERGENCY.
WHEREAS, pursuant to that certain Purchase Agreement
dated as of February 2, 1995, as amended (the "Purchase
Agreement") , the City has acquired the right to purchase certain
real property located in the City and described in the Purchase
Agreement (the "Property") i and -"
WHEREAS, Whitmire Distribution Corporation ("Whitmire"),
a wholly-owned subsidiary of Cardinal Health, Inc. ( II CHI"), desires
to acquire the Property and to construct on a portion thereof at
least 160,000 square feet of office space for use by CHI as a
corporate headquarters; and
WHEREAS, the City wishes to induce Whitmire to acquire
the Property for the purpose of creating and preserving jobs and
employment opportunities and to improve the economic welfare of the
people of the State of Ohio and the City as authorized in Article
VIII, Section 13 of the Ohio Constitution;
...... NOW, THEREFORE, BE IT ORDAINED by the City of Dublin,
Franklin, Union and Delaware Counties, Ohio, that:
.... Section 1. The City hereby finds and determines that it
is necessary and appropriate and in the best interests of the City
to provide certain assistance to Whitmire in acquiring the Property
for the purpose of creating and preserving jobs and employment
opportunities and to improve the economic welfare of the people of
the State of Ohio and the City as authorized in Article VI I I ,
Section 13 of the Ohio Constitution and Chapter 165 of the Ohio
Revised Code.
Section 2. To provide assistance to Whitmire and CHI and
thereby induce Whitmire to acquire the Property and to complete the
transactions contemplated among the City, Whitmire and CHI, the
City Manager and the Director of Finance, for and in the name and
on behalf of the City, shall execute, acknowledge and deliver, the
following documents in substantially the form thereof on file with
the Clerk of Council:
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(a) The Assignment and Real Estate Purchase Agreement
by and between the City and Whitmire; and
(b) The Tax Increment Financing/Economic Development
Agreement among the City, Whitmire and CHI.
Those instruments are approved with changes therein not
inconsistent with this ordinance and not substantially adverse to
the City and which are permitted by law and shall be approved by
.... the City Manager and the Director of Finance; provided, that the
i approval of those changes by such officers, and their character as
I not being substantially adverse to the City, shall be evidenced
F
...... conclusively by their execution of those instruments.
Section 3. The City Manager and the Director of Finance
shall execute, deliver and, if applicable, file, for and in the
name and on behalf of the City any deeds, certifications,
assignments and instruments which are necessary or appropriate to
consummate the transactions contemplated in this ordinance, the
Assignment and Real Estate Purchase Agreement and the Tax Increment
Financing/Economic Development Agreement. _.-
Section 4. This Council finds and determines that all
formal actions of this Council concerning or 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 5. This ordinance is declared to be emergency
measure and necessary for the immediate preservation of the public
peace, health, safety or welfare of this City and for the further
reason that this ordinance is required to be immediately effective
in order to provide for the implementation of economic development
I!I""'II incentives for the Property at the earliest possible time to create
jobs and employment opportunities and improve the economic welfare
....
....
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of the people of the City; wherefore, this ordinance shall be in
full force and effect immediately upon its passage.
Signed:
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Attest:
...
~C!-~
Clerk of Council
Passed: ~& , 1995
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Effective: ).~ , 1995
94/21583ord.Olc
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I herph... ''l,Hv thnf tQo;es of this Ortl"nancQ/1b,)tI!.JI;vu were posted in the
City of Dublin in accordance w:tlll Se<tion 731.25 of the OIIio IeviSld Code.
~(L~
Clerk of Coundl, Dublin, Ohio