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Home My WebLink About42-76 Ordinance .. M&R 699-1 ORDINANCE illl '.._ _t...f 1... J 1 ~._.. DATE OF ENACTMENT .jflN<:'~ 11i7t J . AN EMERGENCY ORDINAKCE GIVING CONSENT OF THE COUNCIL OF THE ~/VILL\GE OF Dub lin TO THE REMOVAL OR PROTECTION OF ROADSIDE OBSTACLES ON , FRA-33-3.96 (See Attachment "A" WITHIN THE CORPORATE LIMITS OF THE ~/VILLAGE OF Dub 1 in IN Franklin COUNTY, OHIO UNDER THE SUPERVISION OF THE DIRECtOR OF TRANSPORTAIION OF THE STATE OF OHIO A~~ PROPO~ING TO COOPERATE WITH SAID DIRECTOa IN CERTAIN MATTERS INCIDENT THERETO. AN ORDINANCE TO RESCIND ORDINANCE NO. 12-76, PASSED JANUARY 19, 1976. WHEREAS, the public cpnvenience and welfare require the removal or protection of road- side obstacles to promote safety to the traveling public on Dublin within the corporate limltsof the ~/Village at locations agreed upon by the State and It~/Village hereinafter referred to as the PROJECT, and WHEREAS, the Council of the ~Village of Dublin hereinaf: referred to as the gIXX/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 XWDr /VILLAGE OF Dublin " OHIC . "'l'.:CTION 1. That the consent of the EXXX/VILLAGE be arid such consent is hereby given for the I 'complishment of the ~ROJECT, by and/or under the supervision of the .STATE. I SECTION I-I. (Cooperation) That said EIXX/VILLAGE hereby proposes to cooperate within the STATE OF OHIO, in the cost of the above described improvement by assuming and contributing: Ten Percent (10%) of all cost eligible for Federal Participation and; One Hundred Percent (100%) of all cost in-eligible for Federal Participation. SECTION III. Upon completion of the PROJECT the EUX/VILLAGE' will furnish the materials for repair of the installation from its supplies and provide the necessary labor and incidental materi21 for such. SECTION 1\1. (Authority to Sign). That the "il1~gl" Arlminht'l"'M'nl' of saidmxxx/VILLAGE, is hereby empowered and directed o~ behalf of the ~VILLAGE tcr enter into agreements with the Director of Transportation necessary tocornplete the planning and accomplishment of this improvement. . SECTION V. The Clerk of the xtIXKX/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 vI, That upon completion of said improvement, said ~/VILLAGE, will thereafter keep said highway open to traffic at all times, and maintain the right-oi-way and keep it free 01 obstructions in a manner satisfactory to the STATE and hold said right-of-way inviolate for puhlic highway purposes and permit no signs ,posters, billboards, .roadside stands or other private insta1l4tions within the right~of-way limits. . - M&R 699-2 . SECTION VII (Right-of-Way, Utility Rearrangement and Saving the State of Ohin Harmless of Damages) (a) That all existing street and public way right-of-way within the XXiX/VILLAGE which is necessary for the aforesaid improvement, shall be made available therefor. (b) That the STATE/~~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 h(~ 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 immedi3leJy after notification bylsaid <<nX/VILLAGE or the Department of Transportat.if'll. (d) That it is hereby agreed that the KXn!vILLAGE shall at its own expense, make all rearrangements of water mains, service lines, fire hydrants, valve boxes, sanitary sewers or other municipally owned utilities and/or any appurtenances thereto, which do not comply with the provisions of Directive 28-1\, 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 Construction and Haterial Specifications and shall be subject to approval by the STATE. (f) That the installation of all utility facilities on the ri~lt of way shall conform with the requirements of the Federal Highway Administration Policy and Procedure Memorandum 30-4 "Utility Relocations and Adjustments" and the Department of Transportation's rules on Utility Accomodation. (g) That said orxxxtvILLAGE 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) and (e) hereinabovt. SECTION VIII. Ordinance No. 12-76, passed January 19, 1976 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 two-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. Pas sed: JI//III5 7 , 19 76 )( A~ ~/J---- X eLt~,.<1 UJ, tl/1-"~~ Attest: ^ Ae. T(l1; Clerk ]jar Attest: '~ntOf~ \ \ \ 1 . #. . M&R 699-3 CERTIFICATE OF COPY STATE OF OHIO . :x /VILLAGE OF DUBLIN SS COUNTY FRANKLIN I, , as clerk of the EXr!/VILLAGE of Dub 1 in Ohio, do hereby certify that the foregoing is a true and correct copy of an Ordi~;,~r;Ze adopted by the legislative ,}uthority of the1~id gXU/VILLAGE on the '7 it, ___,"_._ day of J UN/::; , 19 , that the publication of such Ordinance hilS been mal: and certified of record acc;:ording to law; that no proceedings looking to a refet'f~t1dum upon such Ordinance have been taken; and that such Ordinances and cert~ate of publication there of are of record in Ordinance Record No. N / A ,Page AJ fJ . , - IH WITNESS WHEREOF, I have hereuntc subscribed my name and affixed my official seal, this 'if day of -J..:0 , 19 7\c . ~ Q~ ~ Clerk ^'. mtc/VILLAGE OF Dub lin SEAL '_' OHIC **********************************,~************************************* The aforegoing is accepted as a basis for proceeding with the improvement herein described. For the ~VILLAGE of Dublin - , OHIc y Q~~~ Attest: K ~~-f~ ' Da te 6-7-7 b Contra tura1 Officer For the State of Ohio Attest: , Date Director, Ohio Department of Transportation - . . . . ATTACUMENT " A " .,- }8 . 88\ 0\ I L .. 1 _.41-- J'..........- - r ..,... . ( \ DCLAWAHE CO. \ ~ FRANKLIN ~O. .@ . 2~ r -., ---, _ .--.~-__tUoI'~"'__ 'I 1- -. - - - -, Ur,ION CC. I ~'~~_J ~~f I ____ ____ ~1'_"'-~ r L.: I! -I . I I ~ ...._.", ~_. .'-... I t., r I I - .,~..- I ,"--,- ./ ~i'~l ~..:;r-'---.: 'l'IOP.7liIN-:;TON .c...- ~c.~ 8 0 r\ . - y'-~ ._-t--___ ~ u, ' I 8 I ___J : I .s. Z -- __J 0 ~I ~ --- I L @) L O"'';,A'~. r' ..' Mf~P RO. S. Vv or~ l\ ARE A \ ~ 1..,< \ I ilJl\~ SCALE IN f!.lLES II\TEf~SECTIOt\! US--33\ ~---nI!.~~~ SR-161 and SF?-257 I . 0 . 1 2 .3 4 5 6 The scope of the pro1ect is to provide safety for the Traveling Public by installing protection devices, frangible bases. guardrail, pavement. curb, etc.. or removal of the obstacle, guardrail, median devices, etc. as required. The route location as listed above. . , . \. . . :. .' . . ,