42-76 Ordinance
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M&R 699-1 ORDINANCE illl '.._ _t...f 1... J 1 ~._..
DATE OF ENACTMENT .jflN<:'~ 11i7t
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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
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BE IT ORDAINED BY THE COUNCIL OF THE XWDr /VILLAGE OF Dublin " OHIC
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"'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.
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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.
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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.
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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~
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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 .
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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
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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
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ATTACUMENT " A "
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L O"'';,A'~. r' ..' Mf~P RO. S. Vv or~ l\ ARE A \
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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.
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