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HomeMy WebLinkAbout53-90 Resolution RESOLUTION NO. 53-90 A RESOLUTION APPROVING THE REPORT OF THE ASSESSMENT EQUALIZATION BOARD ON OBJECTIONS CONCERNING THE ESTIMATED SPECIAL ASSESSMENTS 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 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, the Assessment Equalization Board appointed by Resolution No. 52-90 adopted November 5, 1990, to hear and determine all objections to the estimated special assessments 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 in accordance with Resolution No. 50-90 adopted October 15, 1990, has filed its report with this Counc il as to its determination of the objections; and WHEREAS, Council has reviewed that report and deems it proper in all respects; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, Franklin, Union and Delaware Counties, Ohio, that: Sect ion 1. The report of the Assessment Equalization Board referred to in the preambles to this resolution is approved. The estimated special assessments as reported by the Board shall be filed in the office of the Clerk of Council. Section 2. 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 3. This resolution is declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety or welfare of this 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. Frances M. Urban Clerk of CO'Jnd!, hereby certify that the I , . f 9Uil' iR' '1 t. N! ~90 Signed: ,I ;90;:19 IS a lrue (OlYte, '. R~JiEII .~~o ..~ _wu_ <2-0- - t:',~ /. /'/ ~/ / duly cJ:;opted by the (o:;nc.l or the I,:;'.' d ;)),:'1, U;1;(), Oil the 10th, ~_<;;- //' /// I December 1990 C -;7-;7-/'/./ ~'- /lee-"'-' '- day, of ,________. Pre Ing Officer /.J ) ..Y . _-fi--fl?'dO YJ? 't{A../~~ , J Clerk of Council, Dublin, Ohio Attest: _#tt-x.ao \~l t,u~ . . Clerk 0 Co ncil Passed: December jO, 1990 ., ~ f I..: ~r ""....~'" /~....-:- r 1'1~"~-~ .~ .~..tS to..! i, I hereby certify tn!:1t co:'cs () hSr-L- ... .,~" ,l~,v pos", L Effective: December I.!l., 1990 City of Dublin in mcorda:'ce v{!h Sc:Jon 7: l,~:; "'I illCl (,;0 Rev:sc: Co'; ,fit2'7J,/'/'<1 y~_ t(J~r-/ Clerk of Council, Dublin, Ohio - ..__.~..".. ..,~" -~.- -'... -----~. ...,.--.--. - REPORT OF ASSESSMENT EQUALIZATION BOARD kN'/uber L November , 1990 To the Council of the City of Dublin, Ohio: We, the Assessment Equalization Board appointed and acting pursuant to Resolution No. ~-90 adopted November 5, 1990, report that at the time and place fixed by that resolution for its first meeting we took the oath of off ice and thereafter heard and determined all the objections of the property owners who filed objections to the estimated special assessments 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 approxi- mately 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, in accordance with Resolution No. 50..90 adopted October is, 1990 declaring the necessity of that improve- ment. This Board has considered each of the objections to the estimated special assessments, or to the amount and apportionment of those special assessments, and finds those obj ect ions are not well taken and therefore overrules and denies each objection. The Board also finds that the estimated special assessments for this improvement on file with the Clerk of Council are in accordance with the provisions of Resolution No. 50-90, are limited as to each lot and parcel of land to the special benefits conferred thereon, and are therefore approved. This Board finds and determines that all formal actions of this Board concerning and relating to the rendering of this report were adopted in an open meeting of this Board and that all deliberations of this Board that resulted in those formal actions were in meetings open to the public in compliance the law. -. - * * * * * * * * I certify that: (1) the foregoing is a true and correct copy of the report of the Assessment Equalization Board, (il) the report was filed with me as Clerk of Council on j}2u/;'-J?lic/L/.t/, 1990, (ill) the aggregate amount of the estimated special assessments as reported by the Board was $ I, 100, 17 J:- c P and (iv) the Board has not recommended increasing the estimated special assessment against any lot or land or assessing any lot or land not included in the estimated special assessments, the owner of which has not filed an objection with respect to that lot or land. Dated: /J2~lA/ If ,1990 JAa~t'_/ Y?j, Utda~ Clerk of Council City of Dublin, Ohio - .2 ...; J - REPORT OF ASSESSMENT EQUALIZATION BOARD 1>e e fl/1-< be:' r ttoVQl'Reer L, 1990 To the Council of the City of Dublin, Ohio: We, the Assessment Equalization Board appointed and acting pursuant to Resolution No. ~-90 adopted November 5, 1990, report that at the time and place fixed by that resolution for its first meeting we took the oath of office and thereafter heard and determined all the objections of the property owners who filed objections to the estimated special assessments 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 approxi- mately 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, in accordance with Resolution No. 50-90 adopted October 15, 1990 declaring the necessity of that improve- ment. This Board has considered each of the objections to the estimated special assessments, or to the amount and apportionment of those special assessments, and finds those objections are not well taken and therefore overrules and denies each objection. The Board also finds that the estimated special assessments for this improvement on file with the Clerk of Council are in accordance with the provisions of Resolution No. 50-90, are limited as to each lot and parcel of land to the special benefits conferred thereon, and are therefore approved. This Board finds and determines that all formal actions of this Board concerning and relating to the rendering of this report were adopted in an open meeting of this Board and that all deliberations of this Board that resulted in those formal actions were in meetings open to the public in compliance the law. / - -. * * * * * * * * I certify that: (1) the foregoing is a true and correct copy of the report of the Assessment Equalization Board, (i1) the report was filed with me as Clerk of Council on LfLL6~pv ~ 1990, (ii1) the aggregate amount of the estimated special assessments as reported by the Board was $ I, /00, / 7,j~ (.." F and (iv) the Board has not recommended increasing the estimated special assessment against any lot or land or assessing any lot or land not included in the estimated special assessments, the owner of which has not filed an objection with respect to that lot or land. Dated: jJ2v~1.A..r' if ,1990 JAa~t'_) Y?}, YAda~ , Clerk of Council C i t Y 0 f Du b Ii n , Ohio - 2 - f(c. s . 53- 9'0 Bf~, Bf~~ fY 0~ ~~-' ~~d~ t,. r/f/-V 80'S-.fP?t1t1 gg~. gg~ ~~~ ~-- r/f/-V 80'S-.fP4~~ ~~ek ~.sr~ 4/ Jc-ud ~ Jbed ~;sr~ ~~, elk- 48P/5 JK- ry~ JK- ry~ 9~.~ December 6, 1990 !>>~ !>>ea/ Jf/~ ~. 9:-C!. 365-2142 Francis Urban Clerk of Counc il City of Dublin 6665 Coffman Road Dublin, Ohio 43017 Subject: Muirfield Drive Improvements Dear Fran: Enclosed are the following documents relating to this improvement: 1. Resolution approving the report of the Assessment Equalization Board, to be adopted prior to consideration of the enclosed ordinance to proceed. I understand this resolution will be considered at Council's December 10 meeting. The resolution has been drafted as an emergency measure and should be adopted on a roll call vote by at least two-thirds of the members of Council. Since the Assessment Equalization Board recommended no changes to the estimated assessments already on file in your office, the requirement of Section 1 that those assessments as reported by the Board be filed with you has already been satisfied. Prior to adoption, Council should suspend its three reading rule by a separate roll call vote of two-thirds of its members. Follo'lling adoption, the resolution should be posted in the same manner as you post other legislation. You may want to distribute copies of the report of the Assessment Equalization Board to Council with the resolution. 2. Ordinance to proceed with the Improvement. This ordInance should be passed by Council prior to awarding and letting contracts for the improvement. Prior to passage, the blank in the second WHEREAS clause on page 1 of the ordinance to proceed should be completed with the number of the resolution approving the report of the Assessment Equalization Board. This ordinance has also been drafted as an emergency measure and should be passed on a roll call vote by at least two-thirds of the members of Council. Prior to passage, Council should suspend its three reading rule by a separate roll call vote of two-thirds of its members. I understand this ordinance will also be ~~ry_.' ~ ~ /. /cJ>~t1~ ~~. ~dk- gg, ../~~ fi--ea- JI' !>>~ ~,r:/~fY0~ Francis Urban December 6, 1990 Page 2 considered at the December 10 Council meeting. Following passage, a certified copy of the ordinance to proceed must be filed with the Franklin County Auditor within 15 days after passage. The ordinance should also be posted in the same manner as you post other legislation. 3. Section 319.61 certificate, to be signed and dated by the Franklin County Auditor when you deliver a copy of the ordinance to proceed to the Auditor's office. 4. Revised estimate of cost and one-third certificate, to be completed by you with the assistance of Terry Foegler and other knowledgeable City officials, and signed and dated by you. 5. A certificate of posting for the resolution approving the report of the Assessment Equalization Board, to be reviewed, signed and dated by you. 6. A certificate of posting for the ordinance to proceed, to be reviewed, signed and dated by you. I understand that the lowest and best bid for construction (labor and materials) of the improvement is less than the estimate of cost on file with your office at the time Counc il passed the resolution of necessity (Resolution No. 50-90) . Please send me certified copies of the resolution and ordinance approved by Council, a copy of Council's minutes showing enactment of the resolution and the ordinance as emergency measures on separate ro 1.1 call votes following separate roll call votes on rule suspension, the executed certificate of posting for each of these pieces of legislation, and the completed, signed and dated 319.61 cert if icate and revised estimate of cost and one-third certificate. Please call if you have any questions. Very truly yours, Gregory W. Stype/ss ~~ Enclosures cc(w/enc. ): Tim Hansley, City Manager Terry Foegler, Director of Development Steve Smith, Director of Law Mitch Banchefsky, Assistant Director of Law Nan Metz, Director of Finance Paul Willis, City Eng ineer Greg Comfort, Evans, Mechwart, Hambleton and Tilton, Inc. SECTION 319.61 CERTIFICATE I certify that on December , 1990, there was delivered to me as - Auditor of Franklin County a ce rt if ied copy of Ordinance No. _-90 passed December , 1990, by the Council of the City of Dublin, Ohio. - Dated: December , 1990 - County Auditor Franklin County REVISED ESTIMATE OF COST AND ONE-THIRD CERTIFICATE I certify that: 1. Based on the lowest and best bid received 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 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 in accordance with Resolution No. 50-90 adopted October 15, 1990, the aggregate revised estimate of cost of that improvement, including the costs spec if ied in Section 727.08 of the Revised Code and all other necessary expenditures, is $ 2. The portion of that cost allocated to the City in accordance with Resolution No. 50-90 and Ordinance No. ___-90 passed December __, 1990 and to be paid from City funds is $ Accordingly, the remaining $ is to be assessed in accordance with Resolution No. 50-90. 3. The lowest and best bid for labor and materials was in the aggregate amount of $ 4. No special assessment for the improvement will, together with all other special assessments levied within a period of five years preceding the anticipated date of passage of the assessing ordinance for the improvement, exceed one-third of the actual value of the property to be assessed for the improvement, inc1ud ing improvements thereon, as enhanced by the improvement. This certification is based on the estimated special assessments previously approved by the Council and the revised estimate of cost of the improvement as stated above. Dated: December --' 1990 Clerk of Council City of Dublin, Ohio CERTIFICATE OF POSTING I certify that I am the duly appointed, qualified and acting Clerk of Council of the City of Dublin, and that, in accordance with its Charter, the City provides for posting legislation in not less than three public places as determined by Council, for a period of not less than 15 days. Resolution No. -90, adopted December , 1990, was posted on December __, 1990, -- and will remain so posted for a period of 15 days. Dated: December -' 1990 Clerk of Council City of Dublin, Ohio CERTIFICATE OF POSTING I certify that I am the duly appointed, qualified and acting Clerk of Council of the City of Dublin, and that, in accordance with its Charter, the City provides for posting legislation in not less than three public places as determined by Council, for a period of not less than 15 days. Ordinance No. -90, adopted December , 1990, was posted on December __, 1990, and will remain so posted for a period of 15 days. Dated: December --' 1990 Clerk of Council City of Dublin, Ohio