55-93 Ordinance
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1 RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance NO.n _'??:-~lm__n Passed mm m_nm____ __ __________19 _u__
AN ORDINANCE DECLARING IMPROVEMENTS TO A CERTAIN PARCEL
OF REAL PROPERTY TO BE A PUBLIC PURPOSE, DESCRIBING THE
r PUBLIC INFRASTRUCTURE IMPROVEMENTS TO BE MADE TO BENEFIT
THAT PARCEL, REQUIRING THE OWNERS THEREOF TO MAKE
!
. SERVICE PAYMENTS IN LIEU OF TAXES, ESTABLISHING A MUNICIPAL
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....., PUBLIC IMPROVEMENT TAX INCREMENT EQUIVALENT FUND FOR THE
DEPOSIT OF SUCH SERVICE PAYMENTS, AND REPEALING
ORDINANCE 44-93, 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
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, "5 members concurring that:
Section 1. Pursuant to and in accordance with the provisions 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
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").
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, RECORD OF ORDINANCES
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Dayton Legal Blank Co. Form No. 3G043
Ordinance NO'n~~=~~- _nnnu_ Passedmnn_nnnn_n mmn...m_ _19_m___
Section 3. As provided in Section 5709.42 of the Revised Code, the owner of the
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.
t Increment Equivalent Fund established in Section 4 hereof. The Agreement between the
~ City, Applied Innovation Inc. and DBS Development Company, 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 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 substantially adverse to the City, shall be evidenced
conclusively by their execution 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:
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(i) To pay the cost of designing and constructing the Infrastructure
Improvements; and
(ii) To pay the interest on and principal of any bonds or notes issued
by the City in order to finance the Infrastructure Improvements
until such notes or bonds are paid in full.
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.
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Section 6. Or. 44-93 passed by this Council on June 7, 1993, is hereby repealed.
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Section 7. 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.
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\ RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance NO'm__.:?~__~l___n_u_ Passed----- u__m____ _____u____n ___________ ____19____
Section 8. 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
t"" 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
I Improvements may be constructed as quickly as possible; thereby permitting the
\,." Improvement to be constructed as quickly as possible, providing necessary jobs and
employment opportunities and improving the economic welfare of the people of the City;
wherefore, this ordinance shall be in full force and effect immediately upon its passage.
Passed this ;? 1st day of r ~ , 1993.
Attest:
~e~
Clerk of Council
"..... I hereby certify that copies of this OrdlnancelRese/uti,," were posted in the
f
-- City of Dublin in accordance with Section 731.25 of the atlio Revised Code.
~C!.-~
Clerk of Council, Dublin, Ohio
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\ EXHIBIT A
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DESCIlIPTION OF
13.070 ACRES
DUBLIN OOHHE10E 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~acre, Lot 4 of Dublin
Commerce Park, of record in Plat Book 71, page 74, and being part of the original
64-459-acre tract and the 25.68l-acre tract conveyed to DCP Associates by deeds
of record in O.R. 14069 COS and O.R. 14090 H09, respectively, records of the
Recorder's Office, Franklin County, Ohio and being more particularly described
8S follows;
Beginning for reference at the point of centerline intersection of
~nterprise Drive (being 60 . 00 feet in width) and Heather Glen Boulevard, as
delineated upon the plat 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' 19" E, a chord distance of 599.99 feet to a point in a
northeasterly line of said Heather Glen Section 1;
thence N 31" 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;
Thence the following two (2) courses and distances aoroee the said 64.459-
acre tract and Lot 4:
1. Thence N 270 44' 07" W, a distance of 190.41 feet to a point;
2. Thence N 50 55' 23h loT, a distance of 531.88 feet to a point 1n the
common line of Lot 4 and Lot 1 of eaid Dublin Commerce 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 in Deed Book 3506, Page 976, at a
common corner of said Lots 4 and 1;
Thence S 50 32' 28" W, a distance of 260.8l feet along the common line of
said Lot 4 and said 14.73-acre tract to a point at the common corner of said Lot
4, said 14.73-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:
1- Thence S 800 04' 47" E, a distance of 367.18 feet to a point;
2. Thence S 220 56' 51" E, . distance of 70.47 feet to a point in the
northerly line of said 25.68l-acre tract, at a common corner of said
14.73- and 64.459-acre tracts;
Thence S 360 13' 22" W, a distance of 490.12 feet across said 25.681- and
~4.459-acre tracts to a point on a curve in the proposed northerly right-of-way
of Enterprise Drive;
Thence the fol1o~lng four (4) course. and distances across said 64.459-acre
tract and along said proposed northerly rlght~of-way line of Enterprise Drive:
1. Thence with a curve to the r1aht havina 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 db tance of 26.85 feet to a point of
tangency;
2. Thence N 520 57' 32" W, . db tano. of 190.00 feet to a point of
curvature;
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3. Thence with a curve to the left having a rscUu8 of 430.00 feet, a
central angle of 690 39' 33" the chord to which bears N 87G 47' 18" Y,
a chord distance of 491.18 feet to a point af reverse curvature;
4. Thence with a curve to the right having a radius of 1370.00 feet, a
central agIe of 000 46' 59", the chord to whieh bears S 578 46' 25" W,
a chord distance of 18.72 feet to the point of true beginning of the
herein-described ttact, containing 13.070 acres, mot:e or less, and
being subject to all easements, restriction. and rights-at-way of
record.
The bearing datum of the' afore-described tract is ~ased on the bearings
delineated upon said plat of record in Plat Book 71, page 74.
R. D. ZAND! & ASSOCIATE$, LIMITED
SER:jce
RDZ PN 1635
May 24, 1993
1635DUBL.IN
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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.
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