009-94 Ordinance
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J t~. 3. 1994 3:45PM SS&D No.0412 P. r) /r)
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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
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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 """
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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
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~ 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<;
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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.
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Page 3 of 3
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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.
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