Explanation
BACKGROUND: The Council of the City of Columbus previously passed a resolution approving petitions for the addition or certain real property to the Columbus Regional Energy Special Improvement District (the “District”) and supplemental plans for special energy improvement projects to be constructed upon such parcels once added to the District. Pursuant to that resolution, the real property has been added to the District. The supplemental plans previously approved by the Council provide that special assessments levied by the Council pursuant to Chapters 727 and 1710 of the Ohio Revised Code be used to pay the costs of “special energy improvement projects,” as that term is defined in Section 1710.01 of the Ohio Revised Code, to be constructed pursuant to the supplemental plan.
The Council, by resolution, has further determined the necessity of proceeding to levy special assessments for the purposes set forth in the supplemental plans. The Council, by ordinance, has further determined to proceed with the levying of the special assessments pursuant to Chapters 727 and 1710 of the Ohio Revised Code, and pursuant to the Charter of the City of Columbus.
This legislation is to levy such special assessments, all pursuant to Chapters 727 and 1710 of the Ohio Revised Code, and pursuant to the Charter of the City of Columbus. This legislation also authorizes and approves Energy Project Cooperative Agreements and Special Assessment Agreements facilitating the provision of the special energy improvement projects.
Emergency action is requested on this legislation to allow the special assessment process to proceed in a timely manner and allow financing for the special energy improvement projects to be obtained by the District.
FISCAL IMPACT: No funding is required for this legislation.
Title
To levy special assessments for the purpose of acquiring, constructing, and improving certain public improvements at 2400 Farmers Drive, 7400 Safelite Way, and 2500 Farmers Drive in the City in cooperation with the Columbus Regional Energy Special Improvement District; to approve Energy Project Cooperative Agreements and Special Assessment Agreements in connection with such improvements and special assessments; and to declare an emergency
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WHEREAS, Farmers Drive Portfolio LP (the “Owner”) has submitted its Petition for Special Assessments for Special Energy Improvement Projects and Affidavit relating to 2400 Farmers Drive and 7400 Safelite Way (the “Safelite Way Petition”) and its Petition for Special Assessments for Special Energy Improvement Projects and Affidavit relating to 2500 Farmers Drive (the “Farmers Drive Petition” and, together with the Safelite Way Petition, the “Petitions”) in order to provide for the completion of a special energy improvement project on real property owned by the Owner in the City of Columbus, Ohio (the “City”); and
WHEREAS, this Council (the “Council”) of the City duly passed a resolution (the “Resolution of Necessity”), which approved the Petitions and added the Owner’s property, subject to the Petitions, to the Columbus Regional Energy Special Improvement District (the “District”), declared the necessity of acquiring, installing, equipping, and improving LED lighting upgrades, DDC controls, chillers, AHU updates, DHW reduction, boiler replacements, pump replacements, building envelope upgrades, miscellaneous HVAC upgrades, and related improvements at the Safelite Way Property (the “Safelite Way Project”), as described in the Resolution of Necessity and as set forth in the Safelite Way Petition requesting those improvements, and declared the necessity of acquiring, installing, equipping, and improving LED lighting upgrades, DDC controls, chillers, AHU updates, DHW reduction, boiler replacements, pump replacements, building envelope upgrades, miscellaneous HVAC upgrades, and related improvements at the Farmers Drive Property (the “Farmers Drive Project” and, together with the Safelite Way Project, the “Project”), as described in the Resolution of Necessity and as set forth in the Farmers Drive Petition requesting those improvements; and
WHEREAS, this Council duly adopted an ordinance, which determined to proceed with the Project and adopted the estimated Special Assessments (as defined in the Resolution of Necessity) filed with the Director of the Department of Development or the Director of the Department of Development’s designee pursuant to the Resolution of Necessity; and
WHEREAS, the City intends to enter into an Energy Project Cooperative Agreement (the “Energy Project Cooperative Agreement”) for each of the Safelite Way Project and the Farmers Drive Project with the District, the Owner, and Greenworks Lending LLC (the “Investor”) to provide for, among other things, (i) the making of the Project Advance (as defined in the Energy Project Cooperative Agreement) to pay costs of the Project, forms of which is attached to and incorporated into this Ordinance as Exhibit A, (ii) the disbursement of the Project Advance for the acquisition, installation, equipment, and improvement of the Project and the transfer of the Special Assessments by the City to the Investor to pay principal and interest and other costs relating to the Project Advance; and
WHEREAS, to provide for the security for the Project Advance and for the administration of payments on the Project Advance and related matters, the City intends to enter into a Special Assessment Agreement for each of the Safelite Way Project and Farmers Drive Project with the County Treasurer of Franklin County, Ohio, the District, the Owner, and the Investor, forms of which is attached to and incorporated into this Ordinance as Exhibit B; and
WHEREAS, the actual costs of the Safelite Way Project have been ascertained and have been certified to the City in the Safelite Way Petition and the Safelite Way Supplemental Plan for the Safelite Way Project; and
WHEREAS, the actual costs of the Farmers Drive Project have been ascertained and have been certified to the City in the Farmers Drive Petition and the Farmers Drive Supplemental Plan for the Farmers Drive Project; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Development in that it is necessary that this Ordinance take effect at the earliest possible date in order to allow the Owner to begin work on the special energy improvement project on the Property, and the District to take advantage of financing available to it for a limited time and for the immediate preservation of public peace, property, health and safety; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. Each capitalized term not otherwise defined in this Ordinance or by reference to another document shall have the meaning assigned to it in the Resolution of Necessity.
Section 2. The list of Safelite Way Special Assessments to be levied and assessed on the Safelite Way Property (as further described in Exhibit A to the Safelite Way Petition) in an amount sufficient to pay the costs of the Safelite Way Project, which is $5,041,941.60, including other related financing costs incurred in connection with the issuance, sale, and servicing of securities, nonprofit corporate obligations, or other obligations issued to pay costs of the Safelite Way Project in anticipation of the receipt of the Safelite Way Special Assessments, capitalized interest on, and financing reserve funds for, such securities, nonprofit corporate obligations, or other obligations so issued, including any credit enhancement fees, trustee fees, and District administrative fees and expenses, which costs were set forth in the Safelite Way Petition and previously reported to this Council and are now on file in the offices of the Director of the Department of Development or the Director of the Department of Development’s designee, is adopted and confirmed, and that the Safelite Way Special Assessments are levied and assessed on the Property. The interest portion of the Safelite Way Special Assessments, which shall accrue at the annual rate of 6.30%, together with amounts used to pay administrative expenses, has been determined by the District to be substantially equivalent to the fair market rate that would have been borne by notes or bonds been issued by the District.
The Safelite Way Special Assessments are assessed against the Safelite Way Property commencing in tax year 2019 for collection in 2020 and shall continue through tax year 2038 for collection in 2039; provided, however, if the proceedings relating to the Safelite Way Special Assessments are completed at such time that the County Auditor of Franklin County, Ohio determines that collections shall not commence in 2020, then the collection schedule may be deferred by one year. The semi-annual installment of the Safelite Way Special Assessments shall be collected in each calendar year equal to a maximum semi-annual amount of Safelite Way Special Assessments as shown in Exhibit C, attached hereto and incorporated into this Ordinance.
All Safelite Way Special Assessments shall be certified by the Director of the Department of Development or the Director of the Department of Development’s designee to the County Auditor pursuant to the Petition and Chapter 727.33 of the Ohio Revised Code to be placed on the tax list and duplicate and collected with and in the same manner as real property taxes are collected and as set forth in the Safelite Way Petition.
The Safelite Way Special Assessments shall be allocated among the parcels constituting the Safelite Way Property as set forth in the Safelite Way Petition and the List of Safelite Way Special Assessments attached hereto as Exhibit C and incorporated herein.
Section 3. The list of Farmers Drive Special Assessments to be levied and assessed on the Property (as further described in Exhibit A to the Petition) in an amount sufficient to pay the costs of the Farmers Drive Project, which is $3,879,674.40, including other related financing costs incurred in connection with the issuance, sale, and servicing of securities, nonprofit corporate obligations, or other obligations issued to pay costs of the Farmers Drive Project in anticipation of the receipt of the Farmers Drive Special Assessments, capitalized interest on, and financing reserve funds for, such securities, nonprofit corporate obligations, or other obligations so issued, including any credit enhancement fees, trustee fees, and District administrative fees and expenses, which costs were set forth in the Farmers Drive Petition and previously reported to this Council and are now on file in the offices of the Director of the Department of Development or the Director of the Department of Development’s designee, is adopted and confirmed, and that the Farmers Drive Special Assessments are levied and assessed on the Farmers Drive Property. The interest portion of the Farmers Drive Special Assessments, which shall accrue at the annual rate of 6.30%, together with amounts used to pay administrative expenses, has been determined by the District to be substantially equivalent to the fair market rate that would have been borne by notes or bonds been issued by the District.
The Farmers Drive Special Assessments are assessed against the Farmers Drive Property commencing in tax year 2019 for collection in 2020 and shall continue through tax year 2038 for collection in 2039; provided, however, if the proceedings relating to the Farmers Drive Special Assessments are completed at such time that the County Auditor of Franklin County, Ohio determines that collections shall not commence in 2020, then the collection schedule may be deferred by one year. The semi-annual installment of the Farmers Drive Special Assessments shall be collected in each calendar year equal to a maximum semi-annual amount of Farmers Drive Special Assessments as shown in Exhibit C, attached hereto and incorporated into this Ordinance.
All Farmers Drive Special Assessments shall be certified by the Director of the Department of Development or the Director of the Department of Development’s designee to the County Auditor pursuant to the Farmers Drive Petition and Chapter 727.33 of the Ohio Revised Code to be placed on the tax list and duplicate and collected with and in the same manner as real property taxes are collected and as set forth in the Farmers Drive Petition.
The Farmers Drive Special Assessments shall be allocated among the parcels constituting the Farmers Drive Property as set forth in the Petition and the List of Farmers Drive Special Assessments attached hereto as Exhibit C and incorporated herein.
Section 4. This Council finds and determines that the Special Assessments are in proportion to the special benefits received by the Property as set forth in the Petitions and are not in excess of any applicable statutory limitation.
Section 5. The Owner has waived its right to pay the Special Assessments in cash, and all Special Assessments and installments of the Special Assessments shall be certified by the Director of the Department of Development or the Director of the Department of Development’s designee to the County Auditor of Franklin County, Ohio as provided by the Petition and Section 727.33 of the Ohio Revised Code to be placed by him or her on the tax list and duplicate and collected with and in the same manner as real property taxes are collected and as set forth in the Petitions.
Section 6. The Special Assessments will be used by the City to pay the cost of the Project in cooperation with the District in any manner, including assigning the Special Assessments actually received by the City to the District or to another party the City deems appropriate, and the Special Assessments are appropriated for such purposes.
Section 7. The Director of the Department of Development or the Director of the Department of Development’s designee shall keep the Special Assessments on file in the Office of the Director of the Department of Development or the Director of the Department of Development’s designee.
Section 8. This Council hereby approves the Energy Project Cooperative Agreements, copies of which are on file with the Clerk of Council and are further attached to this Ordinance as Exhibit A. The Director of the Department of Development, or his designee, shall sign and deliver, in the name and on behalf of the City, the Energy Project Cooperative Agreements, in substantially the form as are now on file with the Clerk of this Council. The Energy Project Cooperative Agreements are approved, together with any changes or amendments that are not inconsistent with this Ordinance and not substantially adverse to the City and that are approved the Director of the Department of Development, or his designee, and the City Attorney, on behalf of the City, all of which shall be conclusively evidenced by the signing of the Energy Project Cooperative Agreements or amendments to the Energy Project Cooperative Agreements.
Section 9. This Council hereby approves the Special Assessment Agreements copies of which is on file in the office of the Clerk of Council and are further attached to this Ordinance as Exhibit B. The Director of the Department of Development, or his designee, shall sign and deliver, in the name and on behalf of the City, the Special Assessment Agreements, in substantially the form as are now on file with the Clerk of this Council. The Special Assessment Agreements are approved, together with any changes or amendments that are not inconsistent with this Ordinance and not substantially adverse to the City and that are approved by the Director of the Department of Development, or his designees, and the City Attorney, on behalf of the City, all of which shall be conclusively evidenced by the signing of the Special Assessment Agreements or amendments to the Special Assessment Agreements.
Section 10. The City is hereby authorized to enter into such other agreements that are not inconsistent with the Resolution of Necessity and this Ordinance and that are approved by the Director of the Department of Development and the City Attorney.
Section 11. In compliance with Section 319.61 of the Ohio Revised Code, the Director of the Department of Development of the Director of the Department of Development’s designee is directed to deliver a certified copy of this Ordinance to the County Auditor of Franklin County, Ohio within 20 days after its passage.
Section 12. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this Ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its adoption and approval by the Mayor or ten days after adoption if the Mayor neither approves nor vetoes the same.