53-95 Ordinance
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(Amended)
ORDINANCE NO. 53 - 95
AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY
OF VARIOUS REAL ESTATE AND ECONOMIC DEVELOPMENT
AGREEMENTS BETWEEN THE CITY AND THE ALTER GROUP,
LTD. AND THE DUBLIN AREA COMMUNITY IMPROVEMENT
CORPORATION TO INDUCE THE ALTER GROUP, LTD. TO
ACQUIRE CERTAIN REAL PROPERTY WITHIN THE CITY AND
~ TO CONSTRUCT THEREON AT LEAST 120,000 SQUARE FEET
OF OFFICE SPACE IN ORDER TO INCREASE EMPLOYMENT
I WITHIN THE CITY, AND DECLARING AN EMERGENCY.
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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"); and
WHEREAS, Whitmire Distribution Corporation ("Whitmire"),
a wholly-owned subsidiary of Cardinal Health, Inc. ("CHI"), desires
to acquire the Property and to donate approximately 10.2 acres
thereof (the "CIC Parcel") to The Dublin Area Community Improvement
Corporation (the "CrC") and to transfer approximately .7 acres
thereof to The Alter Group, Ltd., an Illinois corporation ("Alter")
(such CIC Parcel and such . 7 acre parcel being collectively
referred to as the "Alter Parcel"); and
WHEREAS, the CIC desires to convey to Alter the CIC
Parcel; and
WHEREAS, Alter wishes to acquire the Alter Parcel and to
construct thereon at least 120,000 square feet of office space; and
"... WHEREAS, the City wishes to induce the CIC to acquire the
CIC Parcel and to convey the CIC Parcel to Alter, and to induce
Alter to acquire the Alter Parcel 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 Alter ln acquiring the Alter
Parcel 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 and Chapter 165 of the
Ohio Revised Code.
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Section 2. To provide assistance to Alter and thereby
induce the CIC to acquire the CIC Parcel and convey the CIC Parcel
to Alter, and to induce Alter to acquire the Alter Parcel and to
complete the transactions contemplated between the City, Alter and
the CIC, 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:
__ (a) The Economic Development and Sale Agreement by and
between the City, the CIC and Alter; and
.... (b) The Tax Increment Financing/Economic Development
Agreement between the City and Alter.
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
approval of those changes by such officers, and their character as
not being substantially adverse to the City, shall be evidenced
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
Economic Development and Sale 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.
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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
incentives for the Alter Parcel at the earliest possible time to
create jobs and employment opportunities and improve the economic
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welfare of the people of the City; wherefore I this ordinance shall
be in full force and effect immediately upon its passage.
Signed:
9u~
Pr~id ng fficer
tfI1III'
I Attest:
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Clerk of Council
Passed: ~,U, I 1995
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Effective: r),L I 1995
94/21583ord.02c
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I h~'~IJV corf:fv ~"l"f '111\ t!.; 0" ~ i),.1 t1~n(e.4tlf)llluliu,,-were posted in the
Cty of Dublin in o((ordolKe w;tlt Section 731.2S of the Ohio levisacl Codt.
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Clerk of Councill Dublin, Obio