12-76 Ordinance
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M&R 699-1 ORDINANCE NO. I')..-L~
DATE OF ENACTMENT JM }'l ,'nJo
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AN EMERGENCY ORDINANCE GIVING CONSENT OF THE COUNCIL
OF THE ~/VILL\GE OF Dublin
TO THE RE~~VAL OR PROTECTION OF ROADSIDE OBSTACLES ON
see Attachment "-q" WITHIN THE CORPORATE LIMITS
OF THE ~/VILLAGE OF Dublin IN
Franklin COUNTY, OHIO UNDER
THE SUPERVISION OF THE DIRECTOR OF TRANSPORTATION OF
THE STATE OF OHIO AND PROPOSING TO COOPERATE WITH
SAID DIRECTOR IN CERTAIN HATTERS INCIDENT THERETO.
AN ORDINANCE TO RESCIND ORDINANCE #32-74, PASSED JUNE 3, 1974
WHEREAS, the public cpnvenience and welfare require the removal or protection of road-
side obstacles to promote safety to the traveling public on See Attachment "W'
within the corporate limits of the ~!village at locations agreed upon by the State and
~/Village hereinafter referred to as the PROJECT, and
WHEREAS, the Council of the ~/Village of Dublin hereinafter
referred to as the ~/VILLAGE desires to cooperate with the Director of Transportation of
the State of Ohio, hereinafter referred to as the STATE, in the PROJECT, and
BE IT ORDAINED BY THE COUNCIL OF THE ~/VILLAGE OF Du b li n , OHIO
SECTION 1,
That the consent of the ~/VILLAGE be and such consent is hereby given for the
accomplishment of the PROJECT, by and/or under the supervision of the STATE.
SECTION 11,
Upon completion of the PROJECT, the ~/VILLAGE will furnish the materials for repair
of the installation from its supplies and provide the necessary labor and incidental
material for such.
SECTION 111. (Authority to Sign),
That the Village Administrator of said ~/VILLAGE, is hereby
empowered and directed on behalf of the ~/VILLAGE to enter into agreements with
the Director of Transportation necessary to complete the planning and accomplishment
of this improvement.
SECTION IV.
The Clerk of the ~/VILlAGE Council is hereby directed to furnish the STATE with a
certified copy of this ordinance immediately upon its enactment; and upon the accep-
tance and approval of said ordinance by the STATE, it shall become a binding agreement
between the ~/VILLAGE and the STATE.
SECTION v.
That upon completion of said improvement, said ~/VILLAGE, will thereafter keep said
high\\Jay open to traffic at all times, and maintain the right-oi-way and keep it free of
obstructions in a manner satisfactory to the STATE and hold said right-oi-way inviolate
for public highway purposes and permit no signs, posters, billboards, roadside stands
'". ,.o~ other private installations within the right~of-way limits.
M&R 699-2
. SECTION VI, (Right-of-Way, Utility Rearrangement and Saving the State of Ohio Harmless
of Damages)
(a) That all existing street and publ ic way right-of-way within the e:=If!.I/VILLAGE
which is necessary for the aforesaid improvement, shall be made available
therefor,
(b) That the STATE/L_-'L ~ . __~~I will acquire any additional right-of-way required
for the construction of the aforesaid improvement.
(c) That arrangements have been or will be made with and agreements obtained
from all public utility companies whose lines or structures will be affected
by the said improvement and said companies have agreed to make any and all
necessary plant removals or rearrangements in such a manner as to be clear
of any construction called for by the plans of said improvement and said
companies have agreed to make such necessary rearrangements irmnediately after
notification by~said e:=r/VILLAGE or the Department of Transportatiun.
(d) That it is hereby agreed that the eI:I&/VILLAGE shall at its own expense, make
all rearrangements of water mains, service Ii ne s , fire hydrants, ~alve boxes,
sanitary seHers or other m).micipally owned utilities and/or any appurtenances
thereto, which do not comply with the provisions of Directive 28-A, whether
inside or outside the corporate limits as may be necessary to conform to the
said improvement and said rearrangements shall be done at such time as re-
quested by the Department of Transportation Engineer,
(e) That the construction, reconstruction, and/or rearrangement of both publicly
and privately owned utilities, referred to in subsections (c) and (d) above
shall be done in such a manner as not to interfere unduly with the operation
of the contractor constructing the improvement and all backfilling of trenches
made necessary by such utility rearrangements shall be performed in accordance
with the provisions of the Ohio Department of Transportation Cons~ruction and
Material Specifications and shall be subject to approval by the STATE,
(f) That the installation of all utility facilities on the right of way shall
conform with the requirements of the Federal Highway Administration Policy
and Procedure Memorandum 30-4 "Utility Relocations and Adjustmenu;" and the
Department of Transportation's rules on Utility Accomodation.
(g) That said ~/VILLAGE hereby agrees that the said Department of Transportation
of the State of Ohio, shall be and is hereby saved harmless from any and all
damages or claims thereof arising from or growing out of the certification or
obligations made or agreed to in Sections (a) , (b) , (c) , ( d) imd (e) hereinabove,
SECTION VII, Ordinance #32-74, passed June 3, 1974 is hereby rescinded,
This Ordinance is hereby declared to be an emergency measure by reason of the need
for expediting highway improvements to promote highway safety, and provided it receives
the affirmative vote of b.w-thirds of the members elected to Council, it shall take
effect and be in force immediately upon its passage and approval by the Mayor; otherwise,
it shall take effect and be in force from and after the earliest period allowed law,
Passed: :r AtJv ~ \t\ 19 '1~
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Attest: (" ~.CJ~ , Ii-uk 71/, ~ i
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~ Clerk ,Jtjj.--- ' ;Jor
Attest: ~ .~
.J..JvtIM-^,",-"
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President of Counci
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M&R 699-3
CERTIFICATE OF COpy
STATE OF OHIO
I:IIIlI/VILLAGE OF Duhlin SS
COUNTy Frankl in
~ ~NArvo - O<./bh~
I, ]) I Ctl.-rn 6fL , as clerk of the e::::;::;/VILLAGE of ,
Ohio, do hereby certify that,the foregoing is a true and correct copy of an Ordinance adopted
by the-Legislative Authority of the said ~/VILLAGE on the J~ day of
.)A-NvAf.4 , 19 11,0 , that the publication of such Ordinance has been made
and certified of record dc~ording to law; that no proceedings looking to a referendum upon
such Ordinance have been taken; and that t>uch Ordinances and certificate of publication there-
of are of record in Ordinance Record No, It)\:l~i. , PaE;e ,
In WITNESS WHEREOF, I have hereuotc subscribed my name and affixed my offi.cial seal,
this lq day of '3"A-t-..JvA\V'\ , 19 '11,. ,
\~C:J ~
Clerk
SEAL :==' /VILLAGE OF Du b Ii n , OH 10
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The aforegoing is accepted as a basis for proceeding with the improvement herein described,
For the ~/VILLAGE of Du b Ii n , OHIO
X.
Attest:
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A: J1f~k~ l~rl-7'
, Da te
Contractur' 1 Offi~er-
For the State of Ohio
Attest: I
, Da te
Director, Ohio Department of Transportation
A TT A CHHENT "B"
LIST OF ROADSIDE OBSTACLES
VILLAGE OF DUEL IN
Statewide
Priori ty LOCATIONS OBSTACLE TREATHENT
3918 FRA-257-00,OO Pole in Gore Remove
4357 FRA-161-0/+,79 Pole in Gore Remove
4358 FRA-16I-04,79 Pole in Gore Remove
4604 FRA-033-04,05 Rigid Sign Support in Remove
Gore
The removal of the obstacles will necessitate the installation of a new
lighting and signal system, Other items may need to be removed, modified
or added in order to clean up the intersectio~,
Attachment "A" of Ordinance 4;32-74, passed June 3, ]974 is hereby rescinded
and replaced by Attachment "B".
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-- PICKAWAY OHIO DEPARTMENT OF TRANSPORTATION t
JOHN J. GilLIGAN J PHilliP RICHlEY !
Governor Dlre-e'or
JULY 1973 I
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Ohio Department of TrBinsportation ~.
25 South Front Stree: Columbus, Ohio 43215
James A, Rhodes, GOier!'.?' ___.!.:ichard D. Jackson, Director
December 31, 1975
District Six
Drawer H
Delalllare, Ohio 43015
Mr, Sherman Sheldon
Village Administrator
Municipal Building
Dublin, Ohio 43017
Re: Roadside Obstruction Program
Dear Sir: ·
He are forwarding three (3) copies of proposed 1)reliminary legislation
(Form No. M&R 699-1, -2 and -3) pertaining to the proposed roadside
obstruction program on State Routes No, SR-257, SR-16l and USR-33 within
the corporate limits of the Village of Dublin, Ohio,
This legislation rescinds Ordinance No. 32-74, passed by Council on
June 3, 1974 and differs in that "Attachment "A" (Ordinance No, 32-74) and
its entirety is replaced by Attachment "BII,
This change will allow the flexibility in providing the reauired
renovations to the intersection in making provisions for maximum safety,
After your review and approval, please present to Council for its
necessary action, When enacted, return two (2) signed certified copies
(original and one copy) with the Clerk's seal affixed to the Certificate of
Copy to District Six Office for further processing,
Sincerely fours,
JT'lC:RLB:jbl
Attachment
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December 31, 1975
District Six
Drawer H
Delaware, Ohio 43015
Mr. Sherman Sheldon
Village Administrator
Municipal Bui lding
Dublin, Ohio 43017
Re: Roadsidp. O~struction Program
Dear Sir:
We are forwarding three (3) copies of proposed oreliminary legislation
(Form No, M&R 699-1, -2 and -3) pertaining to the proposed roadside
obstruction program on State Routes No. SR-257, SR-16l and USR-33 within
the corporate limits of the Village of Dublin, Ohio.
T~is legislation re8cinds Ordinance No. 32-74, passed by Council on
June 3, 1974 and differs in that "Attachment "A" (Ordinance No. 32-74) and
its entirety is replaced by Attachment "B".
This change will allow the flexibility in providing the reouired
renovations to the intersection in making provisions for maximum safety.
After your review and approval, please present to Council for its
necessary action. When enacted, return two (2) signed certified copies
(original and one copy) with the Clerk's seal affixed to the Certificate of
Copy to District Six Office for further orocessing.
Sincerely yours,
John W. Clark, ",E,
District Deputy Director
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R~y L. Bonnell, P,E,
I Planning & Programming Engr,
I JWC: RLB: -'bI
(NRH) ~
Attachment
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