009-93 Ordinance AMENDED
.' ~~,_.'--,'. T 1
~ ..
.. RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No . n-9_..9.3___(.Amended ) Passed..._____ nnmmnmm.mm.n.____. n19nnnn
AN ORDINANCE AUTHORIZING THE CITY MANAGER,
ON BEHALF OF THE CITY, TO ENTER INTO A LEASE AND
r OPERATIONS AGREEMENT AND GRANT A MORTGAGE IN
') CONNECTION WITH THE CENTRAL OHIO ICE RINKS, INC.
) PROJECT, AND AUTHORIZING THE CITY'S PARTICIPATION
'--
IN THE PROJECT, AND DECLARING AN EMERGENCY
WHEREAS, pursuant to Ordinance No. 116-92 passed by this
Council on October 5, 1992, the City of Dublin and Columbus
Hockey, Inc. on October 6, 1992 entered into a non-binding
Agreement of Intent (the "Inducement Agreement") to induce
Columbus Hockey, Inc. to construct in the City a new indoor
ice hockey, ice skating, training, meeting, recreation and
office facility (the Project) for the purpose of creating and
preserving jobs and employment opportunities and improving the
economic welfare of the people of this City; and
WHEREAS, pursuant to Ordinance No. 132-92 passed by this
Council on December 21, 1992, the City and Central Ohio Ice
Rinks, Inc. ("COIR"), an Ohio corporation, on December 22,
1992 entered into an Amended Inducement Agreement (the
"Amended Inducement Agreement") to formalize the terms and
conditions upon which the City and COIR, as successor to
Columbus Hockey, Inc. under the Inducement Agreement, are
willing to consummate the transactions contemplated by the
".... Inducement Agreement, including the City'S acquisition with
I non-tax revenues and leasing to COIR of a parcel of real
\... property of approximately seven and one-half (7-1/2) acres
located in the City at 7001 Dublin Park Drive (the site), all
for the purpose of creating and preserving jobs and employment )
opportunities and improving the economic welfare of the people I
of the City; and
WHEREAS, for the purposes of carrying out of the intent of the
Inducement Agreement and the Amended Inducement Agreement, and
to create and preserve jobs and employment opportunities and
improve the economic welfare of the people of the City, the
City has entered into a purchase option agreement for the
site; and
WHEREAS, in the Amended Inducement Agreement the City
acknowledges that COIR's lender for the proj ect may impose
certain requirements upon COIR with respect to the City'S
leasing of the site to COIR, which requirements will be for
the purposes of protecting the lender's security in the
Project, and the City agrees in the Amended Inducement
Agreement to reasonably accommodate those requirements; and
WHEREAS, COIR's lenders have requested that their financing of
the Project be secured, in part, by a Mortgage (as hereinafter
,..... defined) on the Site granted by the City to the lender; and
I
t i
\... WHEREAS, for the purpose of creating and preserving jobs and
employment opportunities and improving the economic welfare of
the people of the City, the City has determined that it is in
the best interest of the City to acquire the Site, lease the
site to COIR under the Lease (as hereinafter defined), enter
into an Operations Agreement (as hereinafter defined) for the
Project with COIR and grant to COIR's lender a mortgage on the
Site, all pursuant to and in accordance with Article VIII of
Section 13 of the Ohio Constitution;
<,~-- . ,""""",."..<.,.~ ".....~~.,'~..,-
"""~''''''''-~~~~-
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No, 30043
Ordinance No. -9-..9-3---(Amended) Passed____ __________________ __________________19________
Page Two
r- NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
, Dublin, state of Ohio, LP of its elected members
, concurring:
"-
section 1. This Council hereby finds and determines that the
Site, after the acquisition thereof, will not be needed for
any public use other than the Project, and that the leasing of
the site to COIR for the Project is necessary for the carrying
out of the public purpose of creating jobs and employment
opportunities and improving the economic welfare of the people
of the city. This Council hereby authorizes the acquisition
of the site with non-tax revenues of the city and approves the
leasing of the site to COIR pursuant to the terms and
conditions of the Lease (as hereinafter defined) to carry out
the aforesaid public purposes of the City, and notwithstanding
the provisions of any other ordinance; approves the granting
by the City to COIR's lender of a mortgage (the "Mortgage") on
the site pursuant to and in accordance with the Amended
Inducement Agreement and the Lease; hereby finds and
determines that the covenants of COIR in the Lease and the
Operations Agreement (as hereinafter defined) represent
substantial additional valuable consideration to the City, and
finds and determines that the Lease, the Operations Agreement
and the Mortgage are for sufficient and satisfactory
consideration and are all necessary in order to carry out the
,... city's public purpose of creating and preserving jobs and
~ employment opportunities and improving the economic welfare of
~ the people of the City.
section 2. This Council hereby authorizes and directs the
City Manager to execute and deliver, in the name and on behalf
of the City, the Lease (the "Lease") and the Operations
Agreement (the "Operations Agreement") in substantially the
forms of those documents as are now on file with the Clerk of
Council. The Lease and the Operations Agreement are each
approved, together with any changes or amendments that are not
inconsistent with this Ordinance and not substantially adverse
to the City and that are approved by the City Manager and the
Director of law on behalf of the City, all of which shall be
conclusively evidenced by the signing of the Lease and the
Operations Agreement or amendments to those documents. The
City Manager is hereby authorized to execute the Mortgage on
the site from the City to COIR's lender for the Project, with
that Mortgage being in such form as is approved by the City
Manager and Director of Law as being consistent with the
objectives and requirements of the City for the Project. The
City Manager and Director of Law and other City officials, as
appropriate, are authorized to provide such information or
certifications, and to prepare and execute such other
documents or agreements, and to make delivery of such
t- documents and agreements and certifications, and to do all
I other things, as are necessary and incidental to carrying out
~ the requirements of the Lease, the Operations Agreement and
the Mortgage, and the authorizations of this ordinance.
section 3. It is hereby found and determined 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 and of any
of its committees that resulted in such formal action were in
meetings open to the public, in compliance with law.
-"'~-.-"'-,-"..,..,...."'--"~_. ~ - 7 1!ll..... ~_.\ ~..
"
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No.u9_....9_3__tAmended) Passed_n____ mmmn__ mmmnnmn19_n
Page Three
section 4. This ordinance is declared to be an emergency
r measure necessary for the immediate preservation of the public
\..... peace, health, safety or welfare of the City and for the
further reason that this ordinance is required to be
immediately effective to provide for the commencement of
construction of the Project and the creation of jobs and
employment opportunities within the City at the earliest
possible date; wherefore, this ordinance shall be in full
force and effect immediately upon its adoption.
Passed this Lf:L day of ~_ . 1993.
~~
_// ~ ~~
{~r - presid' Officer
ATTEST:
~CL~~
Clerk of Council
-
f
,
...... ed' th
. ~is OnfnantelReso(ution wefe (lost m e
I hereby certify that cOflles of~. . 731 25 of the Ohio Revised Code.
City of Dubf;n in Q~cofdonte WIth SectIOn .
~. cL (V~
Clerk of Countil, Oublin, Ohio
......
I
~
,,~~"'...."''''''-'.... .. ... ." ~"J. ""'-,....',..,..,-.,,,"',,_ ~
~,- ---.0.,,",, i ; . .~;'...-'.10;~"
.
MEMORANDUM
TO: Members of Dublin City Council
FROM: Timothy C. Hansley, City Manager/~/~
r SUBJECT: Joint Project with Central Ohio Ice Rinks, Inc.
~ DATE: February 1, 1993
The Administration is strongly recommending the adoption of
Ordinances No. 9-93 (Amended) and No. 16-93. This legislation,
coupled with your previous passage of Ordinances No. 116-92 and No.
132-92, will enable this joint project to move ahead.
As was outlined in the inducement agreement authorized by Ordinance
No. 116-92, staff would like to again emphasize the important
economic development impact of this project. In cooperation with
the city, a 40,000 square foot ice rink center will be constructed.
The total estimated construction budget is nearly three million
dollars, exclusive of land. In addition to the facility operating
team, the Chill hockey franchise will relocate their offices to
Dublin and thereby enhance our local economy by the addition of up
to twenty jobs.
We also believe that, indirectly, the addition of this first-class,
multi-purpose recreational facility will aid in Dublin's ability to
attract additional firms to our area. Obviously, in addition to
""'" these strong economic development factors, our overall quality of
f life will be enhanced by the availability of these new recreation
programs and activities.
,\,"
"-..,,
".~'""', ~ '-.~.~~.__....".......
. .'
# FEB 01 '93 15:29 SQUIRE, SANDERS & DEMPSEY P.2/5
: ~'~$f;~
~L~. ~~4tf~ sq..,._. tJwj 3N-JlNIII
.dP~~.( ~ ~~.- .1Z'l..y.... 1iH~ '3tfS.iN.9
~t1r"..,;M. ~
~~ .u~~~
.Al;.. ~ -" ~ ~. . .fJJ'/S
9J'-i.. ~ -
~.,
. ..k.t-rJitu/~. Feb~ua~y 1. 1993 fiI-'-I!lMi' .AI'-k.
r ~~t:Jn. 365-2742
L. VIA Tl!LBCOFT
'lOt TUl RaDlIley. City !Qnager
~e~~y foegler, Dlrecto~ of n.~.lopment
"arah. GriS.by. Dlreeeor Of Vinanee
Stev. Smith. D!rector of Law
ADne Clarke. ~le~k of couneil
SUbjeet: Ordinance AU1'.M1'lztnt COIR/C1t1 ot Dublin Project
Ae Tim H81U1leJ nqllee.tecJ. I baY. preparod for City CoUl;U '.
oon.ld.ra~ion the eQclose4 .-ended Ordinance 9-93 approvlns various .,pects of
tbm Central Ohio Ice Rinks. IDc./City of Dublin proje~t. '-'Me rtvhc:d
ordinaQee expro.... the ecoaO*lc 4evelo,..nt underplDftlftB8 of ~ City"
part1cipatlon In this project. lacludlns tbe autl~!p.ted Icectlna of .
mor~IQ&e Oft the .lte a8 p.~tlal .eou~lt, fo~ COIR'. fiaancial cODelatent with
ArticJe VIII. SecLlan 13 of tbe Ohio Constitution. Tho.e underplnnlDS. include
~eco&altioft throushout the ordinance that the C1t,'. particlpatloa tn the
Projeet is for the Artiele 9JIl, Section 13 public pu~po.. of cr..tlD1 or
pre.ervln. job8 .nd .-plo~Dt.opportunltles and ~ro.lnl tbe ~ono.lc
welfare Of the people ot the City. r 'Jnde,..hnrl there .111 be .pre.ent.d t.o
Council prior to p....I. of tble ordinance a .taff memorandum articul.tlol the
.coD~le 4~velopMent benefits to the City of 801nl forw,rd wtth tbl, proJ.~t
including, particular1,. tho creation of job. In the City.
CODsI.tent with Article Vill, Seotlon 1', the ~.ftd.d ordinanoe aleo
.-. .provid.. that the site will be pureha8ed with -DOD-tax- revenue. of the Clt,.
Theae -nao-Lax revenue.- include, 8mOac otbers. latere.t loGQme on the City'.
seneral fund whlob should be Gufflo1ent 1ft ~oua~ to fun. tbe acquteltiOQ ~f
: t h" II H.. .
Ple... a.ll .. this afternoon if you have any questiona reaardlna the
orditlilinco. I can be ~eached at b~. thi. eveniDS at 41&-'030.
: Grfil ~r:
lsa
t:e(w/ene.)t Mitch Banchefsky. "Blatant Law Director
~