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Home My WebLink About31-90 Resolution ~ , . RESOLUTION NO. 31-90 A RESOLUTION DECLARING IT NECESSARY TO IMPROVE VILLAGE PARKWAY FROM SAWMILL ROAD TO TULLER ROAD, BANKER DRIVE FROM SAWMILL ROAD TO DUBLIN CENTER DRIVE, DUBLIN CENTER DRIVE FROM WEST DUBLIN-GRANVILLE ROAD TO SAWMILL ROAD, AND TULLER ROAD FROM DUBLIN CENTER DRIVE TO VILLAGE PARKWAY BY INSTALLING STREET LIGHTING AND ACQUIRING REAL ESTATE OR INTERESTS IN REAL ESTATE THEREFOR, TOGETHER WITH ALL NECESSARY APPURTENANCES, AND DECLARING AN EMERGENCY. WHEREAS, Council has previously authorized and requested the City Engineer to prepare or caused to be prepared plans and specifications for the improvement described in Section 1; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, Franklin, Union and Delaware County, Ohio, three-fourths of all members elected or appointed thereto concurring, that: Sect ion 1. It is declared necessary to improve in the City Village Parkway from Sawmill Road to Tuller Road, Banker Drive from Sawmill Road to Dublin Center Drive, Dublin Center Drive from West Dublin-Granville Road to Sawmill Road, and Tuller Road from Dublin Center Drive to Village Parkway by installing street light ing and acquiring real estate or interests in real estate therefor, together with all necessary appurtenances. Section 2. The plans, specifications, profiles and estimate of cost of the improvement, prepared by the engineering consultant to the City, McMullen Engineering Co., Inc. and now on file in the office of the Clerk of Council, are approved. The improvement shall be made in accordance with, and the grade of the improvement and of any street shall be the grade as shown on, the plans, specifications and profiles for the improvement. Section 3. This Counc il finds and determines that (1) the improve- ment is conducive to the public health, convenience and welfare of this City and the inhabitants thereof and (1i) the lots and lands to be assessed as described in Section 4 hereof are specially benefited by the improvement. The Council further finds and determines that the streets to be improved are so situated in relation to each other that, in order to complete the improvement thereof in the most practical and economical manner, they should be improved at the same time, with the same kind of materials and in the same manner and, therefore, they shall be treated as a single improvement and included in the same legislation and contract. Section 4. One-half of the whole cost of the improvement less the cost of intersections shall be assessed in proportion to the benefits that may result from the improvement upon the lots and lands bounding and abutting upon the improvement between and including the termini of the improvement. The described lots and lands are determined to be specially benefitted by the improvement. Section 5. The cost of the improvement shall include the cost of preliminary and other surveys, plans, spec if icat ions, profiles and estimates and of printing, serving and publishing notices, resolutions and ordinances, the amount of any damages resulting from the improvement and the interest thereon, the costs incurred in connection with the preparation, levy and collection of the special assessments, the cost of purchasing, appropriating, and otherwise acquiring any real estate or interests therein required for the improvement, expenses of legal services including obtaining approving legal opinions, cost of labor and material, and interest on bonds and notes issued in anticipation of the levy and collection of the special assessments, together with all other necessary expenditures. Section 6. The City Engineer is authorized and directed to prepare or caused to be prepared by the engineering consultant to the City, McMullen Engineering Co., Inc. and filed in the office of the Clerk of Council the estimated special assessments of the cost of the improvement described in this resolution. Those estimated special assessments shall be based upon the estimate of cost of the improvement now on file in the office of the Clerk of Council and shall be prepared pursuant to the provisions of this resolution. . When the estimated special assessments have been so f !led, the Clerk of Council shall cause notice of the adoption of this resolution and the filing of the estimated special assessments to be served in the manner provided by law on the owners of all lots and lands to be assessed. Section 7. The special assessments to be levied shall be paid in fifteen annual installments, with interest on the unpaid principal amount of each special assessment at the same rate as shall be borne by the bonds or notes to be issued in anticipation of the collection of the total of the unpaid special assessments; provided that the owner of any property assessed may pay the special assessment in cash within 30 days after passage of the assessing ordinance. Section 8. Bonds of the City shall be issued in anticipation of the collection in annual installments of the special assessments and in an amount equal to the total of the unpaid special assessments, and notes of the City may be issued in anticipation of the issuance of those bonds and the levy of the special assessments. The remainder of the entire cost of the improvement, after application of the special assessments, shall be paid by the issuance of bonds in the manner provided by law or from other funds available for that purpose. Section 9. This Council finds and determines that all formal actions of this Council concerning and relating to the adoption of this resolution were adopted in an open meeting of this Council and that all deliberations of this Council and of any of its conunittees that resulted in those formal actions were in meetings open to the public in compliance with the law. Section 10. This resolution is declared to be an emergency measure necessary for the inunediate preservation of the public peace, health, safety or welfare of ' the City and for the further reason that this resolution is required to be inunediately effective to provide for the construction of the improvement, which is needed to provide street lighting to enhapce traffic and public safety; wherefore, this resolution shall be in full force and effect inunediately upon its adoption. 7 , Signed: , ~ / , ,~,/ ~ ,/ ,~~~ f~~i~~er /// Attest: J/tth-uo ~' V~ /Clerk of Cou cil Passed: (fut/~ dO, 1990 Effective: ~r djo , 1990 I hereby certify that copies of t!,,~ Orrl'l1rmrr> /n,,<'1' t' n f D bJ' " ','~L on were nostetf i th I you In In accordance vv'th Sstt'on l?l 2' of th Of' '. n e oJ . J e .uo ReVIsed Code. .. ),f,(Jr'!Lo ~. ~.A./<.dJ.-.,..-' Clerk of Council, ublin, Ohio er~> er~~ ~!df~ ~~" ~~d~ ~" (i/-f} /lO'5-.!?tJtJ ~~.~~ ~~~ ~.. (i/-f} /l0'5-.!4.9.9 -G"~ ek ~,sr~ 4/J~~J~ ~;sr~ ~~, Ok 4SiV/5 JKw. w~ ~ w~ 9~,~ August 17, 1990 ~i1<ed~dJf/~ ~, 9:-c ]0'),-2742 Francis Urban Clerk of Counci 1 City of Dubl in 6665 Coffman Road Dublin, Ohio 43017 Subject: Muirfield Drive Improvements Tuller Road Improvements Dublin Village Street Lighting Improvements Dear Fran: Pursuant to the City I S request and based on information supplied by Terry Foegler, Paul Willis and others, we have prepared and enclose the resolution of necessity for each of these projects. For your convenience, I am enclosing twelve copies of each resolution, All of the recipients of this Letter should carefully review the resolutions in their entirety and call me irlJTnedia tell' with any quest ions, The resolutions should be reviewed with a particular eye toward ensuring that each purpose clause encompasses all aspects of the project as planned and to confirm the sharing of costs between the City and the property owners described in Section 4 of each resolution is consistent with the City's intentions. Please note that Seetin 4 of the Dublin Village Street Lighting resolution assumes any acquisition of real estate or interests therein will be by negotiation and omits any reference to 50% of the costs of appropriation of land being borne by the City. Section 4 of each resolution should also be reviewed to ensure that the parcels described therein subject to assessment encompass all lots and lands the City desires to assess for the improvement. Each resolution of necessity must be adopted by an affirmative vote of at least three-fourths of all members of Council after the plans, specifications, profiles and the estimate of cost referred to in Section 2 of each resolution have been filed with your office, Section 7 of the resolutions relating to the Muirfield Drive and Tuller Road improvements provide that those special assessments will be paid in 20 annual installments. Section 7 of the resolution for the Dublin Village Street Lighting Improvements provides that those assessments will be paid in 15 installments, In each case the number of installments is consistent with the legally assigned useful life of the project under Seetin 133,20 of the Revised Code, -G"~WI1a?'-" ~ ~ /, /d'.9tJ~ ~~, y~~, ../~.ad ~ JI! ~~ ~,r/~fJ/fif~ Francis Urban August 17, 1990 Page 2 Please call me after each of these resolutions has been adopted and the estimated assessments referred to in Section 6 have been placed on file in your office. r will then prepare for each project the notice to property owners of special assessments which will need to be served on each owner of property that is to be assessed for that project. For my files, please send me a certified copy of each adopted resolution of necessity, a copy of the minutes of all Council meetings evidencing the three readings and adoption of the resolution or separate votes on rule suspension and adoption, and your certificate evidencing posting of the resolution. Please call if you have any questions. Very truly yours, Gregory W. Stype/ss C? blv- Enclosures cc(w/enc.) : Tim Hansley, City Manager Terry Foegler, Development Director Steve Smith, Director of Law Nan Metz, Director of Finance Paul Willis, City Engineer Patrik Bowman, Department of Development Mark Jones, Department of Development Steve Mack, Assistant City Engineer Bobbie Clark, Zoning Administrator