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HomeMy WebLinkAbout47-90 Resolution . RESOLUTION NO. 47-QO A ESOLUTION DECLARING IT NECESSARY TO OPEN, CONSTRUCT AND PROVE A PUBLIC STREET TO BE KNOWN AS MUIRFIELD DRIVE BY CONSTRUCTING A FOUR LANE SECTION WITH A VARIABLE WIDTH GRASS MEDIAN FROM THE CURRENT TERMINUS APPROXIMATELY 638 FEET NORTH OF THE INTERSECTION OF MUIRFIELD DRIVE WITH SELLS MILL DRIVE AND MOJAVE STREET NORTHERLY APPROXIMATELY 3,650 FEET TO THE CURRENT INTERSECTION OF MUIRFIELD DRIVE AND BRAND ROAD BY GRADING, DRAINING, PAVING AND INSTALLING CONCRETE CURBS AND GUTTERS, TOGETHER WITH ALL NECESSARY APPURTENANCES, INCLUDING A BIKEWAY AND BIKEWAY UNDERPASS, CONSTRUCTING WATERLINES AND FIRE HYDRANTS, SANITARY SEWERS AND STORM SEWERS, AND ACQUIRING REAL ESTATE AND INTERESTS IN REAL ESTATE THEREFOR, TOGETHER WITH ALL OTHER 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 Ii NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, Franklin, Union and Delaware Counties, Ohio, three-fourths of all members elected or appointed thereto concurring, that: Section 1. It is declared necessary to open, construct and improve in the City a public street to be known as Muirfield Drive by constructing a four lane section with a variable width grass median from the current terminus approximately 638 feet north of the intersection of Muirfield Drive with Sells Mill Drive and Mojave Street northerly approximately 3,650 feet to the current intersection of Muirfield Drive and Brand Road by grading, draining, paving and install ing concrete curbs and gutters, together with all necessary appurtenances, including a bikeway and bikeway underpass, constructing waterlines and fire hydrants, sanitary sewers and storm sewers, and acquiring real estate and interests in real estate therefor, together with all other necessary appurtenances. Section 2. The plans, specifications, profiles and estimate of cost of the improvement, prepared by the engineering consultant to the City, Evans, Mechwart, Hamilton & Tilton, 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 (11) the lots and lands to be assessed as described in Section 4 hereof are specially benefited by the improvement. Section 4. The whole cost of the improvement less (a) 2% of that whole cost together with the cost of intersections, (b) the cost of constructing the bikeway underpass and acquiring any interests in real estate in connection therewith in excess of the interests in real estate required for the construction of a "collector street" as defined in Section 1101.02(36)(C) of the Codified Ordinances of the City, (c) the costs of acquiring real estate and interests in real estate in excess of the real estate and any interest therein that would be required for the construction of such a collector street, (d) 50% of the cost of real estate and any interest therein required for the construction of such a collector street, and (e) with respect to the waterlines in the improvement, for any waterline in excess of 12 inches the difference between the cost of install ing that waterline and the cost of installing a 12-inch waterline, shall be assessed in proportion to the benefits that may result from the improvement upon the following lots and lands, to wit: Lots bearing Franklin County Auditor's Parcel Nos. 5296, 393, 372, 5295 and 4997. Notwithstanding any other provision of this resolution, not more than 50% of the cost of appropriating any real estate or interests therein for the improvement shall be assessed on the described lots and lands. 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, specifications, 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 cause to be prepared by the engineering consultant to the City, Evans, Mechwart, Hamilton & Tilton, 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 off ice 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 provide~ by law on the owners of all lots and lands to be assessed. Sect ion 7. The special assessments to be levied shall be paid in twenty 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 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 reduce traffic congestion and enhance traffic safety in the City; wherefore, this resolution shall be in full force and effect immediately upon its adoption. I, Frances M. Urban Clerk of Councrt, fi~l'I!1iy certify that the foregoing is a true copy of 3~e!Rcs(}llItion f-lo. 47-90 ,duly adopted by the Council of the City of Dublin Ohio, on the 17th # '~M September 1990 ~ , . -f~W;.~ ..- Clerk of Council, Dubt:n, 0:1'0 Attest: ~~.~ - Clerk 0 Co ncil Passed: ~/7, 1990 Effective: /~ 17, 1990 I hllr~~'! "1')"t:(<, "'~~ t,,"'f....1 ,". q~' i1,~."'~;;~"I~ron Vlere posted in l City of Dublin in Qt.Cl) "IQ,,!r.O w " (," 1,131.25 of the Ohio Revised Code._ ~~.~ Clerk et Coundl, Dublin, OhiQ.