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009-94 Ordinance t- i.lf -J.' J t~. 3. 1994 3:45PM SS&D No.0412 P. r) /r) c..IL. .., . . , ,~ ~ ORDINANCE NO. OC] -94 AN ORDINANCE DECLARING IMPROVEMENTS TO A CERTAIN PARCEL OF REAL PROPERTY TO BE A putlLIC PURPOSE, PESCRIBING THE PUBLIC INFRASTRUCTURE IMPROVEMENTS TO BE MADE TO BENEFIT THAT PARCEL. REQUIRING THE OWNERS THEREOF TO MAKE SERVICE PAYMENTS IN LIEU OF tlM" 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 serviee payments shall be deposited; and WHEREAS, Metatec Corporation intends to purchase oertain real property located in the City, which property is desoribed in Exhibit A hereto (the IIpropertyll). 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 interests of the City to provide fo~ 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 ordinanee has been delivered to the Board of Education of each affected School District in acoordance with Section 5709,40 ot the Ohio Revised Code; NOW, THEREFORE, BE IT ORDAINED by the Counc il of the City of Dublin, Franklin, union and Delaware Counties, Ohio, 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 "J:mprovement" 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, all 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 pu:blic infrast~ucture 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 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 !mprovement Tax Increment Equivalent Fund established in Section 4 hereof. The Agreement between the City and Metateo Corporation, in the form presently on file with the Clerk of Council, providing for, among other things, the payMent of such servioe 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 Counoil, the Director of Law, the Director of Finance, or ~- -~._~.,~.,_...._~~.~ . -"'- .-..."-- :jj'TlIiiXJ " '- , 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 Metatec Corporation 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 costs of 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. 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 Improvement to be constructed as quickly as possible, providing necessary jobs and employment opportunities and improving the economic welfare of the people; wherefore, this ordinance shall be in full force and effect immediately upon its passage. Pr Attest: ~ a ~ Clerk of Council Passed: ~....I, 1994 ""+.'" ' Effective: ,:j--~_ f , 1994 . .. !nQn(e/RIl)u\~i')1" 'IIere po:ted in the b mty t\lot tl)ples of thIS O~. 31 "5 of the t~1io Re'llsed Code. \ here Y te. d nee w'.th SectIon 7 ,L City of Dublin m attor 0 (lerk of (ound\' Oubli", 0"10 at'" Bird+Bull consulting engineers+ surveyors October 5, 1994 Ms. Anne Clark Clerk of Council CITY OF DUBLIN 6665 Coffman Road Dublin, Ohio 43017-1006 Re: Metatec Corporation Ordinance 9-94 CF Bird + RJ Bulllnc Dear Ms. Clark: 2875 West Dublin-Granville Rd Worthington, Ohio 43235 614.7611661 fax 614.7611328 This is to inform you that the correct heading on our January 11, 1994, description for 7.592 acres of subject property is at the S.E. corner of Post & Wilcox Roads. Our original indicates the same and I am at a loss to know how the erroneous reference of "S.W." corner ended up on a heading. This in no way affects the actual metes and bounds description. Very truly yours, C.F. BIRD & R.J. BULL, INC. by Richard J. ".",.., tt """''t President ",,\\ t.. 0 F """ ....,'\ ~ ........ 0 ~ I,... ~' "" .... .... ........... RJB/lr ! A.... .... ICIIAII ,.."..~ iU,i J. -',0; 041G775 ~.~. BUll ~ ~ \ \;o~ 8-4723 <..,Q,:'" 1 "'" ~., '\ ~ .... IS" ~ .... ~ I I,,, V ~.......... <:) ........ "" V E 'i ".' I" ", """ff Ill....... Charles F Bird PE P5 Chairman Emeritus Richard J Bull PE P5 President Jerry l Turner PE V.ce PreSident Charles J Coghlan PE Sery.' Treas David M Bray PE Ted l Robinson PS J Fred Wicker Jr PS ~ ~ _'._~_~."~~..'_.H' ..~...",.~. .. ... .., . ~ at""' EXHIBIT A Bird+Bull LEGAL DESCRIPTION OF THE PROPERTY consulting engineers+ surveyors January 11, 1994 DESCRIPTION OF 7.592 ACRE TRACT AT S. Wo. CORNER OF POST & WILCOX ROADS, DUBLIN, OHIO FOR METATEC CORPORATION Situated in the State of Ohio, County of Franklin, City of Dublin, in Virginia Military Survey No. 2999, and being a portion of an 8.404 acre tract of land conveyed to Olde Post Properties by deeds of record in Offidal Record 10466, Pages J 04 and J 11, CF Bird + RJ Bulllnc Recorder's Office, Franklin County, Ohio, and bounded and 287S West Dublin-Granville Rd described as follows: Worthington. Ohio 4323S 6147611661 fa.614761.1328 Beginning, for reference, at a railroad spike previously found at the intersection of the centerline of Post Road (60 feet wide) with the centerline of Wilcox Road (60 feet wide) and at the northwest corner of said 8.404 acre tract; thence N 890 07' 19" E along the centerline of Post Road and along the north line of said 8.404 acre tract a distance of 693.23 feet to a point at the northeast corner of said 8.404 acre tract; thence S 00 52' 41" E perpendicular to the centerline of Post Road and along an east line of said 8.404 acre tract a distance of 30.00 feet to a 3/4-inch LD. iron pipe previously set in the south right-of-way line of Post Road, at the west end of a curve connecting the south right-of-way line of Post Road with the west ,.. line of Discovery Boulevard (variable width) and at the true place of beginning of the tract herein intended to be described; thence southeasterly along said connecting curve and with a curve to the right, data of which is: radius = 30.00 feet and delta = 830 28' 49", a chord distance of 39.95 feet bearing S 490 08' 17" E to a 3/4-inch LD. iron pipe previously set in the west line of Discovery Boulevard and at the point of tangency, said Discovery Boulevard having been shown in "Dedication of Discovery Boulevard & Easements", of record in Plat Book 66, Page 97, Recorder's Office, Franklin County, Ohio; thence S 70 23' 52" E along the west line of Discovery Boulevard and along an east line of said 8.404 acre tract a distance of 120.89 feet to a 3/4-inch I.D. iron pipe previously set at a point of curvature; Page 1 of 3 Chari.. F Bird PE PS eN,un.n E~I'1J1 Richard) Bull PE PS P'rps,d.n' Jerry L Turner PE V-Cf' Pr.~~"' Charles) Coghlan PE Seerl r,.., Oavid M Bray PE Ted L Robinson PS l~rMWill"lt"'rlrP<; ~.~._'__""'~__~ -'-.f._Yr~_:j...Li _I T . . . January 11, 1994 containing 7.592 acres of land more or less and being subject to ~. all easements and restrictions of record. The above description was prepared by Richard J. Bull, Ohio Surveyor No. 4723, of C.F. Bird & R.J. Bull, Inc., Consulting Engineers & Surveyors, Worthington, Ohio, from latest Court House records in January, 1994, and from an actual field survey of said 8.404 acre tract in July, 1989. Basis of bearings is the centerline of Post Road, being N 890 07' 19" E, as shown in Official Record 10466, Pages J 04 and J 11, Recorder's Office, Franklin County, Ohio. ~ .....-..... ~ ... C OF "'I ",' \.. :I, . J -d n . ' ~ '\ ..-.... 0,." ~ r .... -.. .., " _ ... , ~ I J..... ... ICBl1D -.. #I' ~ RJ.c ard J. Bull i '" f J. \ 0 \ Ohio Surveyor /I 23 i: BULL : ~ :.:1t :.= \. .... ~ 8-4723 ~~... i ~ U"." I t: ~ .' n... .: ~ .. S i v. ,.- ,,~ ~ Q ~.......... (;:) ......' ..... "'VE'OJ \." "-'1' ' \,\... l,,,,......,,,,,," Page 3 of 3 ~ ~ ,..---'"~ _~_N_~. .......,-~-.,,,...~.... r-_,fil ...~"f_J_-q'i'l " ", . EXHIBIT B DESCRIPTION OF PUBLIC INFRASTRUCTURE IMPROVEMENTS The public improvements consist of: extending Perimeter Drive from its present terminus approximatley 1,000 feet to the east property line and on to Commerce Drive i mounding and landscaping extending approximately 2,400 feet along the south side of Post Road; and installing street lighting extending approximately 5,200 feet along Perimeter Drive, Discovery Boulevard and Wall Street. The project also includes design and other related costs, erosion and sediment control measures, grading and related earth work, survey work, construction staking and all other activities necessary and appurtenant to those public improvements. ,,~J \~