056-94 Ordinance
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ORDINANCE NO. 56-94
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 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, Jacobs Development Co., an Ohio corporation, intends to acquire certain
real property located in the City, which property is described in Exhibit A hereto (the Property),
and contemplates 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 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, that:
Section 1. Pursuant to and in accordance with the provisions of Ohio Revised Code
Section 5709.40, this Council hereby fmds 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 defmed 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 public infrastructure improvements that
benefit, or that once made win oenefit, the Fropeny (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 Jacobs Mall Project Municipal Public Improvement Tax
Increment Equivalent Fund established in Section 4 hereof. The Agreement between the City
and Jacobs Development Co. or its successors and assigns, 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
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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 Jacobs Mall Project 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 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.
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. O'n 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 of the City; wherefore, this ordinance shall be in full force and
effect immediately upon its passage.
Signed:
I ~~r
Attest: ~ (l ~
Clerk of Council
d' the
Passed: ~#.b ,1994 ' f tlt's Ord:nance/leso\utlonwere poste In
I hereby wtify that copies 0 .! .' 731 25 of the Ohio Revised Code.
City of Dublin in accordance with sectIon .
Effective: r c:J..f) , 1994
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Clerk of Council, Dublin, OhiO
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
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DESCRIPTION 123.2486 Acre Tract: !
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-. Situated in the State of Ohio, Counties of Frantl'lin and Union, 'City of Dublin, in Virginia
Military Survey No, 3452 and being the 40.108 acre ~act conveyed to the Seahawk Associates
Limited Partnership by deed of record in OR 14327 CO2, and part of the 83.149 acre tract
conveyed to the BJL limited Partnership by deed 0'1 record OR 10507 DOS, the Recorders
Office, Franklin County, Ohio, and being more partibularly described as follows:
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Commencing at an iron pin found at the inters~tion of the centerline of Liggett Road and
the center line of Post Road, thence with the centerli~e of Post Road (60 foot right of way) the
following courses, S 600 10' 34" E, a distance of 39$.65 feet to an ODOT monument; thence
S 520 44' 03" E, a distance of 828.52 feet to railroad ;spike, thence S 720 06' 00" B, a distance
of 181.15 feet to a railroad sp~"e set at the northeast leorner of the Vicar Company 1.398 acre
tract and the POINT OF BEGINNING: :
thence, continuing East along said line, a distance of 420.97 feet to an iron pipe found;
thence S 870 06' 00" B, a distance of 12.01 f~t to an iron pin found;
thence S 40 42' 48" E, a distance of 30,27 fe.etlto an iron pin and cap found on the south
right of way line of Post Road, !
thence, with the said south tight of way line, ~ 870 06' 00" B, a distance of 280.25 feet
to an iron pin and cap found; !
thence N 40 42' 48" W, a distance of 30.27 fe~t to a railroad spike set in the center line
of Post Road; !
thence, with the centerline of Post Road, S 87r 06' 00" E, a distance of 725.67 feet to
a railroad spike found at the north west comer of the ijospital Properties Inc. 111.649 acre tl'2.Ct
(OR 13642 G19):' i
thence, with the west line of the said 111.649iacre tract, S 40 42' 4811 E, passing iron
pins and caps at 30.27 feet and 2719.44 feet, in all, a (Ustance of 2723.72 feet to an iron pin set
in the northerly right of way line of U.S. Route 33; I
thence with the northerly right of way of U.S.i 33 the following courses:
with a curve to the right, having a Tadius of 3766.53 feet, a central angle of 230 07' 11",
and an arc of 1519.85 feet, the chord of which bears IN 72 rJ 18' 21" W a distance of 1509.56
feet to an iron pin and cap found; :
thence N 550 14' 44" W, a distance of 71.97 feet to an iron pin and cap found;
thence with a curve to the right, having a radi~s of 3759.53 feet, a central angle of 190
16' 59", and an arc of 1265.27 feet, the chord of wh~ch bears N 490 54' 19" W a distance of
1259.31 feet to an iron pin and cap found;: .
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thence N 360 00' 53" W, a distance of 211.42; feet to an iron pin and cap foundj
thence N 490 42' 46" W, a distance of 74.81 ~eet to an iron pin and cap found;
thence N 35. 40'39" W, a distance of 46.65 ~eet to an iron pin and cap found on the
northerly right of way line of U.S. route 33 at the cel)ter line of Liggett Road;
, thence, with the centerline of Liggett Road and ~he west line of Virginia Military Survey
No. 3452, N 4D 03' 20" W, a distance of 840.70 feet {o a railroad spike found at the southwest
corner of the S.G.D. Company 2.550 acre tract (OR ~825 C1S);
thence N 83rJ 16' 00" B, passing iron pins and caps at 284.90 feet and 975.10 feet, in
all a distance of 1125.10 feet to a 12\1x 12" concrete post found at the southeast corner of the
Vicar Company 1.398 acre tract (OR 67Cf7 117); :
thence, with the east line of said 1.398 acre trabt, N 40 45' 341 W, passing an iron pin
and cap at 325.43 feet, in all a distance of 357.94 fJt to the POINT OF BEGINNING; said
described tract containing 123.2486 acres; more or l~s; of which 0.7652 acre is in Union
County and 122.4834 acres are in Franklin County. !
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Also, of the 0.7652 acre in Union County O.2f95 acre is presently occupied by the right
of wa.y of Post Road. !
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Also, of the 122.4834 acres in Franklin counth 0.3934 acre is presently occupied by the
right of way of Liggett Road and 0.5083 acre is pres~ntly occupied by the right of way of Post
Road. I
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Exhibit B: Description of Public Infrastructure Improvements
JACOBS MALL
Public Improvements
.~ The public improvements consist of all or a part of the following as detennined in the agreement
referred to in Section 3 of the attached Ordinance:
1. Reconstructing Post Road to three lanes from the US 33 interchange eastward to the west
property line of the proposed mall site approximately 1,700 feet.
2. Extending Perimeter Drive west approximately 1,900 feet from Avery Road to the east
property line ofthe proposed mall site.
3. Widening Avery Road between Perimeter Drive to the US 33 interchange.
4. Widening the Avery Road biidge over US 33.
5. Widening the US 33 westbound off-ramp at Avery Road.
6. Widening the US 33 eastbound on-ramp at Avery Road.
7. Constructing turn lanes and traffic signals at the following intersections:
Avery Road and Post Road
Avery Road and south US 33 ramp intersection
Avery Road and Muirfield Drive
Muirfield Drive and Tara Hill Drive
Muirfield Drive and Sells Mill Drive
Coffinan Road and Shier-Rings Road
8. Upgrading existing traffic signals and constructing turn lanes at the following:
Avery Road and Shier-Rings Road
Avery Road and north US 33 ramp intersection
Avery Road and Perimeter Drive
9. Constructing a new eastbound loop US 33 on-ramp in the southwest quadrant of the
Avery and US 33 interchange.
10. Constructing Coffinan Road bridge over US 33.
11. Extending Coffinan Road south approximately 1,000 feet from US 33 to Shier-Rings
Road.
The public roadway improvements include three-lane pavement for Perimeter Drive, pavement
widening on the identified roadways, curbs and gutters, street lighting, storm sewers, sidewalk
and/or bikeways, a bikeway underpass at the intersections of Perimeter Drive and Avery Road,
and at Avery Road and Post Road, and landscaping within the right-of-way. In addition, the
public improvements include design and other related costs, right-of-way acquisition, 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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