055-94 Ordinance
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ORDINANCE NO. !is -94
AN ORDINANCE AMENDING ORDINANCE NO, 55-93 PASSED
,~~- JUNE 21, 1993 DECLARING IMPROVEMENTS TO A CERTAIN
PARCEL OF REAL PROPERTY A PUBLIC PURPOSE TO ADJUST
THE DESCRIPTION OF THE PUBLIC INFRASTRUCTURE
IMPROVEMENTS TO BE MADE BY THE CITY TO BENEFIT
THAT PARCEL, AND DECLARING AN EMERGENCY.
WHEREAS, pursuant to Ohio Revised Code Sections 5709.40,5709.42 and 5709.43
this Council by Ordinance No. 55-93 passed June 21, 1993 (the "TIF Ordinance") declared
certain 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,
specified public infrastructure improvements to be made to benefit that parcel, provided for the
making of service payments in lieu of taxes by the owner thereof, and established a municipal
public improvement tax increment equivalent fund into which those service payments shall be
deposited, all as further evidenced by a Tax Increment Financing Agreement (the "Agreement"),
made and entered into as of August 17, 1993, by and among this City, Applied Innovation Inc.
(the "Owner") and DCP Associates (the "Developer"); and
WHEREAS, Applied Innovation Inc. purchased certain real property located in the
City, which property is described in Exhibit A hereto (the "Property"), is making or has made
the improvements to the Property identified in the Agreement as the Private Improvements, and
this Council is causing or has caused to be made the Public Improvements identified in the
Agreement that benefits the Property; and
WHEREAS, Applied Innovation Inc, is contemplating making further private
improvements to the Property (the "Phase II Private Improvement") which Phase II Private
Improvements are subject to the TIF Ordinance and which are in addition to the Private
Improvements identified and contemplated by the Agreement, and this Council expects to make
the further public infrastructure improvements described in Exhibit B that once made will benefit
the Property (the "Public Infrastructure Improvements Phase II"), and the City, the Owner and
the Developer desire to amend the Agreement to provide for those Public Infrastructure
Improvements Phase II; 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, that:
Section 1, This Council hereby confirms the fmdings and determinations in the TIF
Ordinance, pursuant to and in accordance with the provisions of Ohio Revised Code Section
5709.40, that 100% of the increase in true value of the Property subsequent to the effective date
of the TIF Ordinance (which increase in true value includes the increase in value from the Phase
II Private Improvements and is referred to as the "Improvement" as defined in Section 5709.40)
is a public purpose, and that all of that Improvement is a public purpose for a period of 30 years
and exempt from taxation commencing on the date of passage of the TIF 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 5709.42.
Section 2. The public infrastructure improvements set forth in Exhibit B to the TIF
Ordinance and to be made by the City are hereby amended to include the Public Infrastructure
Improvements Phase II, and those Public Infrastructure Improvements Phase II are designated
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as public infrastructure improvements that benefit, or that once made will benefit, the Property
and are included in the "Infrastructure Improvements" as defmed in the TIF Ordinance.
Section 3. The Agreement shall be amended consistent with this ordinance and not
substantially adverse to this City and which amendments 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 amendment to the Agreement, and that the
approval of by those officials, and its character as not being substantially adverse to the City,
shall be evidenced conclusively by their execution thereof.
Section 4. 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 5, 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 6, 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 additional 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
"".:;J~ and effect immediately upon its passage.
Sig~~
Presiding Officer
Attest: ~ e-~_
Clerk of Council
Passed: ~;?O , 1994
Effective: ~;>'d ,1994 I hereby certify that copies of this Ordinance/R-e)ulutiun were posted in the
City of Dublin in accordance with Section 731,25 of the Ottio Revised Code.
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C1p.r~ of CouncH, O'Ihlin. Ohio
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EXHffiIT A
LEGAL DESCRIPTION OF PROPERTY
Duc:umOl 0'
U.070 AClU
DUltJl 001CII1a1 tW
Sltuu. ln tho Itat. ot Obi.. c-nt)' of Fl'anklln. CLty of D\alIUa, "11\1 La
Vtrllnt. Kll1t.cy 'urv.y 3011. b.ln. p&rt .t tho 2..1'....~.. Lot 4 .f ~~11a
~ Co_r.. Perk, ot naad ln Plat look 71. P'I' 74. aocI1Iell\l pert .f dI. erl,lMl
,~.."..ar. traat and th. 2'.6.1.oer. tr.c. oonY'", t. DCr At...lata. ~ da.4a
a~ r.cord ln 0.1. 1~O'9 COI lad 0,1. 16090 HO', r.,p.etl,.17. rlc.r" .f th.
l..ord.r'. Offlel, Fraaklln County, Obl. ~ b.1DI .or. ,Ircloutlrl, de.crlb.d
I II follo..;
hC1nn.l1\l lor roltrenc. at the ,.lnt .f ..ntuU~ lIlter'"tl'" ,f
Incorpd.. DrL,.. (1IdOl 60.00 tilt 1. yt,dth) a. Rllther Ot.. Iftllnrd, ..
dellnelt.. vpttl the pllt .t HI.th.r Qt'a ,..tl,n 1 of r...r. ln rllt Jo,t 71,
pi'" . In. 9:
Th.ne. .101ll ..1. olDtll'l1ne of lI\~rprl" 1)&'1.... with .1Ul'Y' C. t!le-ltCt.
ha.,lll1 a radlu of 1400.00 h.t. a .et\tnl uacla .f Z'. U' "., die .hord e.
wtI10h 11..1:1 " 7~ 3Z' U. I. a cher' (beaM' .f ,,,.,, flU tI I point La I
noeth...tuly 11M of ..1d Kueher 01.. koU,", 1:
%b.nel " )1' 50' 0'. V, . cU.ltaDOa .f 30.00 rite alma ..l. nort!l.uurly
Une iJt Huth.r aha hotl", 1 t.o I ,.lllc III the aortherl1 ripc.of,war Una .f
Ill. Interpd.. Dd,.. aM bd", 1ft Infl. ,.lat Ln the .INth.d, Uno .f Ill. Loe
': ,ald ,.lac 1Io11!.1 ell. point .f tna NC1tln1"1 .f the bll'.tn.4...rlbe4 trut;
Thono. thA fol10Yin1 tv9 (2) aeur... aDd d1atano.. ..r... ~ ,a14 ","f.
lor' tr..t Ind Lot 4:
1. TMnea II 27. 44' 07. v, . 41atanal of UO.U tilt tt . ,.Lac;
____0 .--. . 2. rMn....'. '" 21' W, I '1I~ It 531." t.., b . ,.tat La eM
O~ 11M .f Ltt . aM Lot 1 If ..1' DUU. c....r.. ran,
t
Thne. tM to1109l111 two (2) .eur.., iD4 dlttano.. alln1 the ~ Un..
tl ..ld Lou l and 1:
1. then.... 14' 22' 17. I. a It.tant. of 92.2' fe.. te III 111&11 ,.lnt In
th. .__n 11D' .f ..14 lA~ . aM 1:
2. 'lb,,,,,. I I., ]1' ". I. a 4t.tanol ot nO.1I f... t. . ,.l.ne la tho
"utlrly Hne of a l'.7].etre treat oonn1l' te Ctlwha .... '"tblnt
Oh!. 111otrlo Cowp.ny of raeor' la ~.d look "0', r'I' '71, .t I
o~n corner .f .al' Ltc. . aa4 1:
~l.Wo.;
th.no. , ,. 32' 2.. Y, . 41.tafteI .f 2eO.11 t..t alone thl .~ line .f
.d. Lot . &n4 .d' 14.73"lre tr..t te . ,.lnt .t the ,0.01\ ..rner .t ..1. Ltc
l, ,.14 14.7]'001'1 traot .nd .11' ".4S"lOr. tra.t:
t1l.DClO the blt-lIl, two (2) tftl',.. .... cllItano.. aleq thl oo.oe liM.
,t ..14 14,7J. _ ".45t'&41'1 tnlUI
1. ThIM"'oe 04' 47' I, a u.taaae ot 317.11 f... te . fOillt,
2. Theno.' 22' ,c' U. '. a U.taM' .f 70.47 fllC te . ,.l1le 1a tho
n.rell.r1, 11M If .al. 25.Ul'"re true, .. . ao~ "nor .t ..14
14,7]. e1JIS ".""..ro treeu,
rhono. I 3" lJ' 22. V, a IlItaoe. .t 4to.12 f... ..ro.. ..l. 2S..ll. &e4
".4".a.r. tra.e. t. I ,.lDt OQ I ~ 1. th4 'rop.... aorther17 rlCbt:.C."7
of Interprl.e Drl.,.; , . -
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tbenee the fo11"l"l fINr (l) o~'" IDIl cI1ltano" ..r"l 111. ....St'lOre
true o a'" dOlll ..14 pnpo..' DO~r1y r1&bt..,.way llM It laterprt.a. ~.l,..:
1. tha~ 1rlth a IUYI b the rlpt 1urr1q . ra41u .f 11'0.00 r..t, .
..,,1;1'&1 ancb .f 00' 4f' OC.. the ob.ri t. "'l.h NUl
I' SS' 22' 0" W. . cheri 11n'lMlI If n.U f.1I c. . point of
t~lnoy;
2. t1l.no. II '2' 57' U' W, . llUtaaae .f ltO.CO flit to a palllt .t
lNrYatur.:
,. n..noa vith . .urn t. th.,loCt b..,ln, . r..nut .f "0.00 tut. .
..nltr.l "net. .t .,- ", n. the 01..1'. to _hleh ~"I" . 17. 47' U' Y
· ....ud dh~.... or ,'1.U c..t t. . p.lnt .t Unuo CI&r'I".tur.: '
.. Th.ne. wlth . cur.,. to the rt&ht b..,lnc I ndlua of 1370.00 tut, a
_ a'nt~.l Ill. .l ~ '6' "', tho obol'd t. wblah &.~. , '7' 44' 2'- 9,
· chord 41otaae. of l'.7Z f..t t. the polat .f Crue bo.lnn.lnl of tha
l..nLn..r....rlbeol traot. e.aealnl". 13.070 aor.., Mre .r le". and
~d"l oubJ"'l: to .11 ......au, ultrlotloM and rlchu-of,w.r ,t
r.oor4.
Th. b..rtn. da~ .t ~.^ ator..do,orlb,d tr..t I' &.... OQ the bearlfttl
daltneac.d upon ,a14 ,l.t ot r.oor. La Pl.t Io.t 71. p.,. 74.
I. D. UJnlI to AI'OOU'lU, l.IXnD
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Exhibit B: Description of Public Infrastructure Improvements
APPLIED INNOVATION PHASE II
Public Improvements
The public improvements consist of extending all or a part of Innovation Drive east approximately
f 1,100 lineal feet from its present terminus to Coffinan Road. The public roadway improvements
include three-lane pavement for Innovation Drive and four-lane pavement with landscaped median
for Coffinan Road, curbs and gutters, street lighting, storm sewers, sidewalk and/or bikeways,
water main, sanitary sewer, and landscaping within the right-of-way. In addition, the public
improvements include design and other related costs, final plat preparation as required, erosion
and sediment control measures, grading and other related work, survey work, soil engineering for
the public street, construction staking and all other matters and activities necessary and
appurtenant to those public improvements.
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