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HomeMy WebLinkAbout12-76 Ordinance , - ."---.-" _.'-"'-"~." .".~ . M&R 699-1 ORDINANCE NO. I')..-L~ DATE OF ENACTMENT JM }'l ,'nJo I , 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~ , Attest: (" ~.CJ~ , Ii-uk 71/, ~ i I ~ Clerk ,Jtjj.--- ' ;Jor Attest: ~ .~ .J..JvtIM-^,",-" /\ ~. ~ President of Counci ) \ \ I I I 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 *************************~~***~~**~************************~rirn***~~****** 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: ) 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". . _.,~---_._.~ - - - - --~ - J ~:Tr//!l-'- - --- . -~,_._-- .,1 '/11/1"( (/""'" i'ii', ? COUNTY ___ --- J...-...._....~_____ fO'..",., COUNTY i '( R,',,,,, . . C'."""--. _. , ,I: [,i) ~\I\:lf\:;" r ~ ! : "'. I Gt r.nl..':' j Bethe " '" ': -] ,.J t "- ,~ -~-- I I I CANAL t WINCHESTER i I t L I ' I ~~ Au J~;;:;: L__ I ; ~ 23 ~r~. lOCkBOURNE r COLUMBUS AREA I I t ~~l<1.I~______ ---'='-] . . . -- COUNT'( t -- PICKAWAY OHIO DEPARTMENT OF TRANSPORTATION t JOHN J. GilLIGAN J PHilliP RICHlEY ! Governor Dlre-e'or JULY 1973 I ..... -.. I -. ~ --..... , '~'-" '\ ". . ~ .". ..... '-., c.. \-., Q... '" 4 \ \",...1 l;.;\' \/'v', ,~,\" ;,. C"iI;. 1'1 ~" ~-,-,~~~""'.." 1" \.\ ~~... l ,I '''':-, " ~ i"J ..... <=\ ~ 'Y ,.. "'. '\ 46 ~:t\"1~ l _ '--'__~"_._.. '" >;t ----- 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 ... ",' ~ .. 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 AO () /')<'( ,,'. , .\1. .... ,./ .t" I.. "/,,,{}'.~,,\o;;,..-z;.'1 ..,j' , t~ ._l).~(,t-'d...e,- "/;;" J~j 'V\~ R~y L. Bonnell, P,E, I Planning & Programming Engr, I JWC: RLB: -'bI (NRH) ~ Attachment cc: W,H, Kauhle :\, Zarins I J . T, SmHh Fi Ip I I