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Home My WebLink About46-90 Resolution . , . ~ lli~ @ ~ U 'W ~ I "7 PJ(j RESOLUTION NO. 46-90 CITY Of OUBLlN SOLUTION DECLARING IT NECESSARY TO IMPROVE VILLAGE OEPT OF DEVELOP 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, Counc il 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: Section l. It is declared necessary to improve in the City Village Parkway .from Sawmill Road to Tu 11 e r 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. Section 2. The plans, spec if icat ions, 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 (i) the improve- ment is conducive to the public health, convenience and welfare of this City and the inhabitants thereof and (ii ) the lots and lands to be assessed as described in Section 4 hereof are specially benefited by the improvement. The Counc il 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 1 and s 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 ic at 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 filed, 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 collect ion 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 Counc 11 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 Counc 11 and that all deliberations of this Council and of any of its committees 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 immediate preservation of the public peace, health, safety or welfare of the City and for the further reason that this resolution is required to be immediately effective to provide for the construction of the improvement, which is needed to provide street lighting to enhance traffic and public safety; wherefore, this resolution shall be in full force and effect immediately upon its adoption. I Attest: ~ 'frJ. ~ - Clerk of Cou cll Passed: vlr--,w/l, 1990 Effective: ~~~ /1 , 1990 I, ~r<J~r~~ M. Urban Clerk of Council, hereby certify that the foregoing IS a true copy ofX9t~~/Resolufc!1 No. 46-90 duly adopted bt the Council of the C~fi ~~8ubEn, Ohio, on the 17th day of Sep ember , . I? ~~~. ~",.,..J Clerk of Coundl, Dublin, Ohio I hereby certify that caples of t~:s QuI'I"l'lI'!~I~r::;()lut,tm WBre poste:f'~c. City of Dublin in a:::da:1~e 'N::: :::;:;'on j 31.25 or the m,io Rev;sed (O[~G. __!l~ ~. l(~ Clerk of Council, Dublin, Ohio