54-95 Ordinance
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(Amended)
ORDINANCE NO. 6i- 95
AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY
OF A REAL ESTATE EXCHANGE AGREEMENT AND OTHER
APPROPRIATE REAL ESTATE AGREEMENTS BETWEEN THE CITY
AND THE DUBLIN SCHOOL DISTRICT, AND DECLARING AN
EMERGENCY.
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L WHEREAS, pursuant to that certain Purchase Agreement
dated as of February 2, 1995, as amended (the II Purchase
Agreementll) , the City has acquired the right to purchase certain
real property located in the City and described in the Purchase
Agreement (the IIPropertyll) ; and
WHEREAS, Whitmire Distribution Corporation (IIWhitmirell),
a wholly-owned subsidiary of Cardinal Health, Inc. (II CHI II), desires
to acquire the Property and to construct on a portion thereof at
least 160,000 square feet of office space for use as a corporate
headquarters; and
WHEREAS, the City has heretofore found and determined
that it is necessary and appropriate and in the best interests of
the City to provide certain assistance to Whitmire and CHI 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 and in connection therewith has authorized the City
Manager to enter into a Tax Increment Financing\Economic
Development Agreement (the IITIF /EDAII) with Whitmire and CHI; and
...... WHEREAS, in connection with the TIF/EDA and the
construction of the Public Improvements described therein, the City
-... has agreed to cause the Dublin City School District (the II School
District II) to convey to the City, for transfer to CHI, two separate
parcels of land (the II School Parcels II) and to acquire in return
therefor, for transfer to the School District, two separate parcels
of land (the IIExchange parcels");
NOW, THEREFORE, BE IT ORDAINED by the City of Dublin,
Franklin, Union and Delaware Counties, Ohio, that:
Section 1. 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 Real Estate Exchange Agreement between
the City and the School District in substantially the form thereof
on file with the Clerk of Council.
That instrument is 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
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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 the instrument.
Section 2. 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 and the
Real Estate Exchange Agreement.
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Section 3. 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 4. This ordinance is declared to be an 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 Property at the earliest possible time to create
jobs and employment opportunities and improve the economic welfare
of the people of the City; wherefore, this ordinance shall be in
full force and effect immediately upon its passage.
Signed:
- pre1t<~er
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Attest:
~(L~
Clerk of Council
Passed: , 1995
Effective: , 1995
94/21583 ord . 03 c I hereby certify that copies of this Onlinonce/-h,u1..II"n were posted in the
City of Dublin in Cl(conlonte wi. Section 731.25 of the lllio levhed CtcIt.
O~~
Clerk of Council, Dublin, Ohio
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