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44-93 Ordinance ~--'.._-'~-- : I RECORD OF ORDINANCES . .;' \.cAA.. l' 1 i "'. . :,;..L-r' . . I Dayton Legal Blank Co. Form No. 30043 Ordinance N 0 .____z..z..::-~~.m_u_ Passed.mm mm_m.. mnmnn.n _mu.19nd_ AN ORDINANCE DECLARING IMPROVEMENTS TO A CERTAIN PARCEL OF REAL PROPERTY TO BE A PUBLIC PURPOSE, DESCRIBING THE PUBLIC INFRASTRUCTURE IMPROVEMENTS ,.. TO BE MADE TO BENEFIT THAT PARCEL, REQUIRING THE , I OWNERS THEREOF TO MAKE SERVICE PAYMENTS IN LIEU OF "- TAXES, AND ESTABLISHING A MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT EQUIVALENT FUND, FOR THE DEPOSIT OF SUCH SERVICE PAYMENTS, AND DECLARING AN EMERGENCY. WHEREAS, Ohio Revised Code Sections 5709.40, 5709.42 and 5709.43 provide that this Council may declare improvements to a parcel 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 that parcel, provide for the making of service payments in lieu of taxes by the owner thereof, and establish a municipal public improvement tax increment equivalent fund into which such service payments shall be deposited; and WHEREAS, Applied Innovation Inc. intends to purchase certain real property located in the City, which property is described in Exhibit A hereto (the "Property"), and is contemplating making improvements to the Property, and this Council expects to make the public infrastructure improvements described in Exhibit B hereto, that once made would benefit the Property; and WHEREAS, the City has determined that it is necessary and appropriate and in F' the best interest of the City to provide for service payments in lieu of taxes with respect to the Property pursuant to Section 5709.42 of the Ohio Revised Code; and ... WHEREAS, notice of this proposed ordinance has been delivered to the Board of Education of each affected School District in accordance with Section 5709.40 of the Ohio Revised Code; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Franklin, Union and Delaware Counties, Ohio, ~ members concurring that: Section 1. Pursuant to and in accordance with the provision 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 "Improvement" as defined in Section 5709.40) is a public purpose, and all of said Improvement is hereby declared to be a public purpose for a period of 30 years and exempt from taxation commencing on the date of passage of this ordinance and ending on the earlier of 30 years from such date or on the date on which the City can no longer require service payments in lieu of taxes under Sections 5709.40 and 5709.42 of the Revised Code, and in accordance with the requirements of said Sections 5709.40 and 4709.42. ,... Section 2. The public infrastructure improvements set forth in Exhibit B hereto I and to be made by the City are hereby designated as those public infrastructure , improvements that benefit, or that once made will benefit, the Property (the ....... "Infrastructure Improvements"). Section 3. As provided in Section 5709.42 of the Revised Code, the owner ofthe Improvement is hereby required to, and shall make, service 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 Municipal Public Improvement Tax Increment Equivalent Fund established in Section 4 hereof. The Agreement between the City and Applied Innovation, in the form presently on file with the Clerk of Council, providing for, among other things, the payment of such service payments, is hereby approved and authorized with changes therein not inconsistent with this ordinance and not substantially adverse to this City and which shall be approved by the City Manager ,'lMlW '~~~~"""MlI .1..1"lt.~iill*'""!~ _>1;"""'" ( , RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No. __4.4_-_~_~nnn__ Passedm__m_nun_m._m mum. n m_ 0019__ and Director of Finance. The City Manager and Director of Finance, for and in the name of this City, are hereby authorized to execute that Agreement, provided further that the approval of changes thereto by those officials, and their character as not being r- substantially adverse to the City, shall be evidenced conclusively by their execution I thereof. This Council further hereby authorizes and directs the City Manager, the Clerk "- of Council, the Director of Law, the Director of Finance, or other appropriate officers of the City, to make such arrangements as are necessary and proper for collection from the owner of said service payments in lieu of taxes. Section 4. This Council hereby establishes pursuant to and in accordance with the provisions of Section 5709.43 of the Ohio Revised Code, the Municipal Public Improvement Tax Increment Equivalent Fund (the "Fund"), into which shall be deposited all of the 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 designing and constructing the Infrastructure Improvements; and (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. r-- 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. Pursuant to Section 5709.40 of the Ohio Revised Code, the Clerk of this 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 or 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 6. 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 7. This ordinance is declared to be an emergency measure 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 funding for the Infrastructure Improvements so that the Infrastructure "... Improvements may be constructed as quickly as possible; thereby permitting the i Improvement to be constructed as quickly as possible, providing necessary jobs and I employment opportunities and improving the economic welfare of the people; wherefore, ....... this ordinance shall be in full force and effect immediately upon its passage. Passed this 7 -;-h. day of ~, 1993. ~~ ~ayor - Pre. ng Officer v Attest: ~ C!-~ Clerk of Council ~-^-,~~~"~~,~"""~~,,,--~",,, " ~"'I~l i-urn t.o .'t f':'iillIH.n.ie'e~ .. . t EXHIBIT A DESCRIPTION OF 13.070 ACRES DUBLIN OOHHEROE PARK Situate in the State of Ohio, County of Franklin, City of Dublin, being in Virginia Military Survey 3011, being part of the 26.154-aore, Lot 4 of Dublin Conunerce Park, of record in plat Book 71, page 74, and being part of the original ,#,i;~ 64-4S9~acre tract and the 2S.681-acre tract conveyed to DCP Associates by deeds of record in O.R. 14069 C08 and O,R. 14090 U09, respectively, records of the Recorder's Office, Franklin County, Ohio and being more particularly described as follows; Beginning for reference at the point of centerline intersection of Enterprise Dt'ive (being 60.00 feet in width) and Heather Glen Boulevard, as delineated upon the p1a.t of Heather Glen Section 1 of record in Plat Book 71, pages 8 and 9; Thence along said centerline of Enterprise Drive, with a curve to the' left, having a radius of 1400,00 feet, a central angle of 240 44' 49", the chord to which bears N 700 32' 1911 E, a chord distance of 599.99 feet to R point in a northeasterly line of said Heather Glen Section 1; thence N 310 50' 06" W, a distance of 30.00 feet along said northeasterly line of Heather Glen Section 1 to a point in the northerly right-of-way line of said Enterprise Drive and being an angle point in the southerly line of said Lot 4; said point being the point of true beginning of the herein-described tract; nlence the following two (2) courses and distances ao~oss the said 64.459- aCle tlact and Lot 4: I 1. Thence N 270 44' 07" W, a distance of 190.41 feet to a polnt; 2. Thence N 50 55' 23" W, a distance of 531.88 feet to a point in the conunon line of Lot 4 and Lot 1 of "aid Dublin Conunerce Park; Thence the following two (~) courses an~ distances along the common lines of said Lots 4 and 1: 1. Thence N 840 23' 37" E, a distance of 92.28 feet to an angle point in the common line of said Lots 4 and 1; 2. Thence S 840 31' 55" E, a distance of 660.16 feet to a point in the westerly line of a 14.73-acre tract conveyed to Columbus and Southern Ohio Electric Company of record 1n Deed Book 3506, Page 976, at a common corner of said Lots 4 and 1; Thence S 50 32' 28" W, a di~tance of 260.81 feet along the common line of said Lot 4 and said l4.73-acre tract to a point at the common corner of said Lot 4, said l4.73-acre tract and said 64.459-acre tract; Thence the following two (2) courses and distances along the common lines of said 14.73- and 64.459-acre tracts: l. Thence S 800 04' 47" E, a distance of 367.18 feet to a point: 2. Thence S 220 56' 51" E, a distance of 70.47 feet (;0 a point in the northerly line of said 25.681-acre tract, 8t 8 common corner of said 14.73- and 64.459-acre tracts: Thence S 360 13' 22" W, a distance of 490.12 feet 8cross said 25.681- and ~<' 64.459-acre tracts to a point on a curve 1n the proposed northerly right-of-way of Enterprise Drive; Thence the following four (4) course. and distances across said 64.459-acre tract and along said proposed northerly rlght~of-way line of Enterprise Drl~e: 1. Thence with a curve to the riaht havinl a radius of 1880.00 feet, a central angle of 000 49' 06", the chord to which bears N 530 22' 05" W, a chord. distance of 26.85 feet to a point of tangenoy; 2. Thance N 520 57' 32" w, II dh tano. of 190,00 f"t to a point of cutvature; '-""'-'-'--"-;< ~C~"~"M~ U_ tLT::t~lJj_ Jl:.lil r'....", . . 3. Thence wi th a curve to the left having a radius of 430.00 feet, a central angle of 69" 39' 33" the chord to which bears N 870 47' 18" W, a chord distance of 491.18 feet to a point of reverse curvature; ~ 4. Thence with a curve to the right having a rsdiulJ of 1370.00 feet, a central agle of 000 46' 59", the chord to which bears S S711 46' 25" W, a chord distance of 18.72 feet to the point of true beginning of the herein-described ttact, containing 13.070 acre$, mote or lelJlJ, and being subject to all easements, restrictions and rights - of -way of record. The bearing datum of the afore-described tract i9 based on the bearings delineated upon said plat of record in Plat Book 71, page 74. R. D. ZANDE & ASSOCIATES, LIMITED SER:j oe RDZ PN 1635 May 24, 1993 1635DUBL. IN \ .oo ..,,'~....~, .....- ,-......-.-.."'.,. . . EXHIBIT B Proposed Public Improvements The public improvement consists of a 725-foot extension of Enterprise Drive from its current terminus (at a point approximately 300 feet east of the intersection of Enterprise Court and Enterprise Drive) to the east and includes a 36-foot pavement width, an extension of 12-inch water line, and the installation of storm sewer facilities. The project also includes the related design costs, erosion and sediment control measures, grading and related earth work, survey work, and construction staking. ...."., ~ . I ! m ~~~ 8 f~ ; .~ ~ - ll- o . . E 2 ~ ... ..... ~ -:: ~ ~ ; g J~t - ,. ~. ~ 8 ~. ! - :5 ... 0 I ~___ IS! I ~ z ~ C. -=--_..1~ .0 Si - 5 i r r------~~<:J --\\ 'en z 5 UI .= l! I I ' "tn ! 1'-1 \'~ , ~ I -n. U.I 5 I~I ~ 1&1 I ,~, . i!:wi lli:il ~ it! , \ a:Jo a~!:; I~' ~ z~ ! '~I ep I~' I~I . 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