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HomeMy WebLinkAbout08-91 Resolution RECORD OF RESOLUTIONS Dayton legal Blank Co [-arm No 30045 Resolution ,Yo, 08-91 Passed 19 A RESOLUTION TO SET FORTH A STATE- MENT OF SERVICES TO BE PROVIDED TO THE AREA IN A PROPOSED ANNEXATION OF 1.162 ACRES FROM WASHINGTON TOWNSHIP, .... FRANKLIN COUNTY TO THE CITY OF DUBLIN, OHIO AS REQUIRED BY SECTION 709.031 OF THE OHIO REVISED CODE WHEREAS, a petition for the annexation of 1.162 acres from Washington Township was duly filed by James V. Maniace on behalf of Robert A. Fisher, 7660 Bellaire Avenue, Dublin, Ohio; and WHEREAS, a public hearing will be required before the Franklin County Commissioners; and WHEREAS, Section 709.031 of the Ohio Revised Code requires that, prior to said hearing, the Municipal Authority shall adopt a statement indicating what services, if any, the Municipal Corporation will provide to the territory proposed for annexation: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, 10 of the elected members concurring that: Section 1. The City of Dublin will provide the following municipal services for the 1.162 acres in Washington Township, Franklin County upon the annexation of said area to the City of Dublin, Ohio: Police. The City provides Police and Communications service on a full twenty-four hour basis and also has mutual aid agreements with other municipalities. The annexation area lies approximately two miles east of Dublin's Police Division Headquarters. Dublin operates with a minimum of three cruisers on duty. A response time of approximately five minutes for an emergency situtation, should be expected for this area. Fire. Fire protection is currently provided by well-staffed departments in Washington and Perry Townships in Franklin County, and Concord Township in Delaware County. They too have mutual aid agreements with other municipalities. This annexation would not change fire department jurisdictional boundaries and therefore response times for fire and emergency medical services will not be affected. The Washington Township Fire Station is approximately one and one half miles from the annexation area and normal response times should be approximately three minutes. Sanitation. Residential refuse collection services are contracted by the City and are currently provided at no additional charge. Street Maintenance. The City has a Street Maintenance Department which provides excellent service in the area of street and road maintenance. This department also provides curbside leaf pick-up at no additional charge. Section 2. The City has SEWER and WATER service area contracts with the City of Columbus, and the subject property is within said service areas, and conditioned on the ability of the City of Columbus to provide WATER, and to provide sufficient SEWERAGE disposal capacity, the City will have the ability to service the area. RECORD OF RESOLUTIONS Dayton Legal Blank Co ,- arm No_ 30045 Resolution So, 08-91 Passed 19 Page Two Section 3. This Resolution shall take effect and be in force from and after the earliest period allowed by law. ~ rl/u-,/ Passed this I day of , 1991. ~~ Attest: ~d ~VL- Cler of Council , 'meby certify t~rlt W':!'$ cf t",'s O,Jn'lr!ce Rmk!f1on ere posted in the City of D:!bEn in o::od:r:'.) '::":11 Sec1'cn 731,25 0 tilD OHo Revised Code. George V. Voinovich Governor ~~[F)~~@1 25 South Front Street P.O. Box 899 Columbus, Ohio 43216-0899 September 18,1991 Ms. Myra A. Caplinger Clerk of Council City Ha 11 6665 Coffman Rd. Dublin, Ohio 43017 RE: Franklin County - Project No. 847(91) City of Dubl in U. S. Route No. 33 - Section 3.92 State Letting - October 10, 1991 Dear Ms. Caplinger: This office is transmitting herewith the duplicate copy of the executed co-operatJve Contract between the City,of Dublin, Ohio, and the Director of Transportation relative to the above listed project. Respectfully, yt1 ~...d ~ ~/-- Mark G. Kelsey, Administrator Bureau of Contract Sales MGK:ASR: rcg Enc. c: District No. 6 File If you have any questions, please feel free to contact Arlene S. Robinson at 1-614-466-3209. THE AGREEMENT HEREIN is approved as to form pursuant to the requirements of laW~ .. 4.t.q;~.~P.P. ~ lttorne~ eral of OhlO ..,' ~ __~~ or { '. 19...... CONTRACT ~.......-' ....... (Chapter 5521, Ohio Revised Code) Note: Before the signing of this contract the fiscal officer must make and seal and file with the Legislative Authority his certificate of funds in strict compliance with Chapter 5521, and Section 5705.41, Ohio Revised Code. The fiscal officer should record his certificate of funds in the Legislative Authority's journal. This contract and agreement made in duplicate this day of 1991, by and between the Dublin, hereinafter referred to as the legislative authority and the State of Ohio, hereinafter referred to as the State, witnesseth: WHEREAS, On the 20th day of May, 1991, said legislative authority adopted legislation proposing to cooperate with the State in the highway improvement, which is to be made by and under the supervision of the Director of Transportation, said highway improvement being described as follows: The upgrading of the existing guardrail by replacement with new type 5 rai 1 and reshaping and carpacting the adjacent gravel benm; beginning 0.16 mile south of State Route No. 161 on U. S. Route No. 33 (Riverside Drive) and ending 0.22 mile south at the Dublin City corporation line. Total length of work being approximately 0.23 mile ; and WHEREAS, Thereafter, on the 8th day of August, 1991, the Director of Transportation accepted the proposal of said legislative authority to cooperate with the State in said highway improvement, said action of the Director of Transportation being recorded in the Director's journal, volume 76 at p~ge 3 ; and WHEREAS, On the 19th day of August. 1991, the Director of Transportation determined to make the proposed highwav improvement, when, in his judgnent, conditions permit the advertising and awarding of a contract, therefor : and WHEREAS. Thereafter, on the 13th day of August. 1991, the Director of Transportation submitted plans and estimates for said highway improvement to the legislative authority for approval : and WHEREAS, Thereafter. on the dav of , 1991. said legislative authoritv dulv adopted a final resolution, approving 211(q{) THE .A.GREEMEN'f HEREIN is approved ~s to form pursuant to the requirements of law: .................................... ......i.tt~~ey General o:t Ohio ,,' 19,..,.. .....-............. . CONTRACT (Chapter 5521, Ohio Revised Code) Note: Before the signing of this contract the fiscal officer must make and seal and file with the Legislative Authority his certificate of funds in strict compliance with Chapter 5521, and Section 5705.41, Ohio Revised Code. The fiscal officer should record his certificate of funds in the Legislative Authority's journal. This contract and agreement made in duplicate this ninth day of September 1991, by and between the Dublin, hereinafter referred to as the legislative authority and the state of Ohio, hereinafter referred to as the state, witnesseth: WHEREAS, On the 20th day of May, 1991, said legislative authority adopted legislation proposing to cooperate with the State in the highway improvement, which is to be made by and under the supervision of the Director of Transportation, said highway improvement being described as follows: The upgrading of the existing guardrail by replacement with new type 5 rail and reshaping and compacting the adjacent gravel benm; beginning 0.16 mile south of state Route No. 161 on U. S. Route No. 33 (Riverside Drive) and ending 0.22 mile south at the Dublin City corporation line. Total length of work being approximately 0.23 mile ; and WHEREAS, Thereafter, on the 8th day of August, 1991, the Director of Transportation accepted the proposal of said legislative authority to cooperate with the state in said highway improvement, said action of the Director,of Transportation being recorded in the Director's journal, volume 76 at page 3 ; and WHEREAS, On the 19th day of August. 1991, the Director of Transportation determined to n1ake the proposed highway improvement, when, in his judgment, conditions penmit the advertising and awarding of a contract, therefor ; and WHEREAS. Thereafter. on the 13th day of August, 1991, the Director of Transportation submitted plans and estimates for said highway improvement to the legislative authority for approval ; and WHEREAS. Thereafter. on the ninth day of September , 1991, said legislative authoritv dulv adopted a final resolution. approving . Franklin County - city of Dublin U. S. Route No. 33 (Riverside Drive) Section 3.92 State Contract - Page 2 plans, proposing to co-operate, requesting the Director of Transportation to proceed and resolving to enter into a contract with the State in oonfonmity with previous resolutions, providing for the payment by said legislative authority of the estimated sum of " being the share of said legislative authority in the total estimated cost and expense of said proposed highway il1lJrovement ; and WHEREAS, The Clark has reported to th i s 1 eg is 1 at i ve author i ty that a certified copy of such Resolution has been duly transmitted to said Director of Transportation ; and WHEREAS, This legislative authority assumes and agrees to pay as its share of the cost and expense of construction of said highway il1lJrovement the sum of money hereinbefore set forth, which moneys are now available for the purpose and as to which the fiscal office has filed with said legislative authority a certificate that such moneys are in fund, all as required by statute, a duplicate of which certificate has been filed with the Director of Transportation ; and WHEREAS, In of said legislation proposing cooperation, said legislative authority now proposes to cooperate with the Director of Transportation in the il1lJrovement of U. S. Route No. 33, by assuming and contributing three percent (3%) of the total cost of the il1lJrovement. Further, the City agrees to assume and bear the entire cost of any construction item requested by the City which is detenmined not to be eligible for project participation. The Director of Transportation notwithstanding the percentage basis of contribution may allocate the money contributed in whatever manner he may deem necessary in financing the cost of construction, rights-of-way, engineering and incidental expenses. The total share of the cost for the City of Dub1 in. is now estimated in the amount of Four Hundred - - - - - - - - - - 00/100 Doll ars, ($400.00), but said estimated amount is to be adjusted in order that the City's ultimate share of the cost of said il1lJrovement shall correspond with said percentages of actual costs when said actual costs are detenmined ; and WHEREAS. Said legislative authority agrees that upon completion of said il1lJrovement it will. thereafter. keep said highway open to traffic at all times; and (a) Maintain the il1lJrovement in accordance with the provisions of the statutes relating thereto, and make an~le financial and other provisions for such maintenance; and Maintain the Right-of-way and keeo it free of obstructions in . . Franklin County - City of Dublin U. S. Route No. 33 (Riverside Drive) Section 3.92 State Contract - Page 3 a manner satisfactory to the State of Ohio and hold said right- of-way inviolate for public highway purposes and penmit no signs, posters, billboards, roadside stands or other private installations within the right-of-way limits; and (c) Will place and maintain all traffic control devices confonming to the Ohio Manual Unifonm Traffic Control Devices on the improvement in compliance with the provisions of Section 4511.11 and related sections of the Ohio Revised Code; and (d) Regulate parking in the following manner: Prohibit parking throughout the limits of the improvement ; and WHEREAS, Said City further agrees: (a) That all existing street and public way right-of-way within the City which is necessary for the aforesaid improvement shall be made available therefor. (b) That the City will acquire any additional right-of-way required for the construction of the aforesaid improvement in accordance with the applicable State and Federal Regulations and instructions given by the State. (c) That arrangements obtained from all public utility companies whose lines or structures will be 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 immediately after notification by the City or the Department of Transportation Engineer. (d) That it is hereby agreed that the City shall at. its own expense. make all rearrangements of water mains. service lines. fire hydrants valve boxes. sanitary sewers, or other municipa1lv owned utilities and/or any appurtenances thereto. which do not comply with Ohio Department of Transportation Directive DH-P-411. whether inside or outside the corporate limits as may be necessary to conform to the said improvement and said rearranqements shall be done at such time as reauested by the Department of Transportation Engineer. (e) That the construction. reconstruction. and/or rearrangements of both publicly and orivatelv owned utilities. referred to in subsections (c) and (d) above shall be done in such a manner as not to interfere . Franklin County - City of Dublin u. S. Route No. 33 (Riverside Drive) Section 3.92 State Contract - Page 3 unduly with the operation of the contractor constructing the improvement and all back filling of trenches made necessary by such utility rearrangements shall be performed in accordance with the provisions of the Ohio Deparbment of Transportation Construction and Material Specifications and shall be subject to approval by the State. (d) That the installation of all utility facilities on the right-of-way shall conform with the requirements of the Federal Highway Adninistration Policy and Procedure MerrorandLlll 30'4, "utility Relocations and Adjustments" and the Deparbment of Transportation rules on utility Accommodation. (f) That the City hereby agrees to accept responsibility for any and all damages or claims for which it is legally liable arising from the negligence of its officers, employees or agents in the perfonmance of the City's obligations made or agreed to in Sections (a), (b), (c), (d), (e) and (f) hereinabove. Likewise, the state agrees to accept responsibility for any and all damages or claims for which it is legally liable arising from the negligence of its officers, employees or agents in the performance of the State's obligations made or agreed to in Sections (a), (b), (c), (d), (e) and (f) hereinabove. (h) Change orders and extra work contracts required to fulfill the construction contract shall be processed as needed. The Director of Transportation shall not approve a change order or extra work contract until he first gives notice, in writing, to this legislative authority. This legislative authority shall contribute its share of these items in accordance with other sections herein. . NCW. THEREFORE, In consideration of the foregoing and the construction of said improvement desired and determined by the legislative authority of Dublin, Ohio. said legislative authority herebv contracts and agrees with the State of Ohio that it will pay, as its agreed proportion of the cost and expense of said improvement. the estimated sum of Four Hundred - - - - - - - - - 00/100 Dollars, ($400.00), and that the same shall be paid by the proper City Officials upon the requisition of the Director of Transportation. ~- For the City of Dublin, Ohio I / . Cit~ ~ Attest: ,,(/ ~t--'( (Contractual Officer(s) Signature(s) and Title) of Dublin, Ohio. , , . Franklin County - City of Dublin U. S. Route No. 33 (Riverside Drive) Section 3.92 State ~ ~ Contract - Page 4 of 4 Pages / ' state of Ohio Attest: ~.. ~ ~ccePted by: .~~...,...~ Dlre r 0 ansport 1 n State of Ohio ) ) Office of the Legislative Authority Dublin, Ohio ) This is to certify that we have compared the foregoing copy and contract with the original record thereof, found in the record of the proceedings of the legislative authority of Dublin, Ohio, and which contract was duly signed by the City Manager of Dublin, Ohio, on the ninth day of September , 1991. and that the same is a true and correct copy of the record of said contract and the action of said legislative authority thereon. We further certify that said contract and the actions of said legislative authority thereon is recorded in the journal of said legislative authority in volume nla , at page , and under date of , 1991. IN WITNESS WHEREOF, We have hereunto'set our hands and seal, this ninth _day of September , 1991., /' ~" ~ 72< · V preSiding~iCer *SEAL ~ .-, . './Vi r C-.-t- erk (Secre ficio) Legislative Authority of Dublin. Ohio. Note: If the fiscal officer is secretarv ex-officio of the Legislative Authority, the f~scal officer's seal should be affixed. If there is no seal. this fact should be stated bv separate letter and attached hereto. ADMIN. P.08 MANOR. CITY OF D~BLIN DEV. DEPT. TO 14:26 FROM AUG-16-1991 I . ,- .l , '- . .. # ~ ", r: L '. . . ~. . " . .... . . . - . , . . . t, . . . 1 . . . . . . . , . . . -" : \ . . 1, ' >. '-..../ J' ..i'" ,; . '. \ . \ \..I"~<. ftr' C~.,.~.. . ..r t ., J\,(' : ,""' <: '. , . . * "'1\J' ~ ",.~) . r .. . ~.; , . ."'" .' Il"'" ~ ~" . ......".0.,., ' , . ; s: . , . . c"."".,'),,/, , . ,., '(r~. . /.'V' . I ...,? ~,\., __,: _. . . '\OlrL>. " ',,,. _. ___.... . " " /1 '~.~> ~:>" ,. ''''J r"\-"'jr_\. t . (" I ( . (\ '. \ "'~,.'\ ~ ~.I. . . ' .. I - ... ",IU . ' - o l y , . "\ , . ( ! ' .. . . . , J '., " ' . ':':", . . f . . ( . f1,.. _!t~t(~___ tlH c:o . ' . ) ; I . . .. I .1 , . : ... ,l'4 .. . . . . " . . . (' ........":l, , u . ~ .. ( ">;~: . . - ' , -. - , ~ . . I I r .' ~~ 'ot' .i \, :'.-:.7 . , ,'0 t;.. . . .' ; , ~ \ . 'UlI '. ~ LOCATION MAP TOTAL P. 08 ..;../-e-w-a...c.d.... C kn-J :sf Gi/'? I ~f. j~.{!YVf AUG-16-1991 14:25 FROM CITY OF DUBLIN DEV. DEPT. TO MANOR. ADMIN. P.06 '" , HOWARD S. ADAMS, INC. 84450 GOLLAl"IE COURT DOBI.JN. OHIO 43017 (614) 889-2108 December 11, 1990 Mr. Terry Foegler Development Director CITY OF DUBLIN 5131 Post Road Dublin~ Ohio 43017 nE: Complete General Construction CO. property Dear Mr. Foeg1er: This letter' is to confirm the phone conversation we had yesterday. AS you know, "e have been working for sometime to de~elop the 140 + or - acres OWPed by Complete General Construction Co. that lies north of Summit View Road and west of Sawmill Road. Approxi~tely half of these acres lie within the corporate boundaries of the City of Dublin and half in Delaware County_ Our plans call for a large lot development. around a lake of some twenty-five acres. Since it is impossible to develop half a lake and since there are no plans by the City of Dublin to extend sanitary sewers to this area in the foreseeable future, we have requested of the Delaware County Connnission~rs permission to drain all of these acres into their sanitary sewer system. The Commissioners have agreed subject to reaching an agre~ent to do so with the City of Dublin. It is my undel."stanaing, after talking with Dan Drake of the City Attorneys Office of the C.ity of Columbus, that the proposed Contraot between the City of Columbus and the City of Dublin p~ovides that the City of Columbus be the sole provider of sanitary sewer se~ice to the City of Dublin. However, since there are no future plans to extend sewers to this area and since it would be extremely costly to do so because of the relatively small area to be served, we are requesting that an exception be made to the Contract to allow the small number of lote in this traot to be served by Delaware County Sewers. <<.~ ;:il~ ,,-In AUG-16-1991 14:25 FROM CITY OF DUBLIN DEV. DEPT. TO MANOR. ADMIN. P.07 . .,. December 11, 1990 Mr. Terry Foegler Page 2 It is my understanding, after talking to Mr. Drake, that the City of Columbus would have no objection to such an e~ception in the Contract and I am writing this to you with a copy to Mr. Drake and to Steve Smith, Dublin's attorney, so that such language may be made a part of the COntract. I sincerely believe this would be in the best interest of all concerned since it would allow us to proceed with a high quality residential development which would have a gravity sanitary sewer system. Again, please include this exception in your Contract. Sincerely, 01/ ..p cl'& ~~b."- /v ~ Howard S. Adams cc; Dan Drake steve Smith, Esq. AUG-16-1991 14:24 FROM CITY OF DUBLIN DEV. DEPT. TO MANOR. ADMIN. P.05 . , < , I" \. ~iH' .. . . C I T y 0 F D U B L I N Office 01 CIty Manager June 12, 1990 Mr. Howard Adams 8445 Gullane Court Dublin~ Ohio 43017 Deat" Mr. Adams: This is in response to your request tlutt the City of Dublin consider allowing you~ development which is north of SUDJm:ltview Road to be diverted for sanitary sewer service to the Delaware County Sanitary Sewer System. Your request has been reviewed by both myself and Terry Foegler, our Development Director, and we have had discussions witb tbe City of Columbus in this regard as well. As you know, our present contract with the C1.ty of COlumbus would allow for the approval of your request, our only concern has been that any newly negotiated contract with Columbus also contain language so that we would have the opportunity to approve such a request as well. In a recent meeting vith the City of Columbus, the preliminary indication is that that would be the ease, therefore, I am willing to give a preliminary approval so that you can begin with planning and :t do fully anticipate that working; in cooper- ation with the City of Columbus, we will be able to ultimately give you final approval of your request. Should you need additional information in this regard, please do not hesitate to contact me. , Sincerely, Timothy C. Hansley City Manager TCR/mc 6865 Coffman ROiild Dublin. Ohio 430 17 614.161.6500 AUG-16-1991 14:23 FROM CITY OF DUBLIN DEV. DEPT. TO MANOR. ADMIN. P.03 .".....* *"'.. City of Columbu$ Public Utilities and Aviation Department : -.... Mayo' Dana G. A,..hart ... * G. Raymond Lorello. Director . QI) * June 14/ 1991 ojI&. I' ..... ~ ;< ~ ......"f t'~~./I"'-i<f" f" ..I:ff ~ Howard Adams 8445 Gullane court Dublin, Ohio 43017 Re: Proposed Development Deal:" Mr. Adalns: 'this letter is to aavise you that the Division of Water will pro- vide water service to the propet;"ty owned by Complete General on the north side of Summit View Road, west of Sawmill Road. If you have any questions, please advise. .rs, .I' t P.E. , . JRO:kk pc; Dir. Lorello File uuu,'" CCImpIU SGlid WlIIIle RtIdUImlIll f'edlltr ~~ 910 Dubltn ~ Calumbus, 0Ili0 G!15-111! tlSIJOJzban PiIl6 6'41$4$03147 Part Calumbvllullo.....dIOIlII Airport &141239-4C1QO Ooll,llTlbl.l$, Ohio 43223 FAX 6141$4S-3&54 FAX G~4I239-<I066 DlnoclDr'. 011I08 6141645-6141 48QO InIllm8IIontII Oel1lW8y ~~ DhisIon 614/645-8371 ~ 0lIi0 43219 ~ _ DrII\rIage DIY\IIOn 814/645-7175 Water P\YI8ICIn $14Ie45aT020 IkIIton F1IltI AIrpart 6141645-3634 F.u6141~1 ~ NGnIlII R!lIIIl. CIIIUmlIU8, 0111o ~ The City of Columbus is an Equal Opponunity Employer AUG-16-1991 14:24 FROM CITY OF DUBLIN DEV. DEPT. TO MANOR. ADMIN. P.04 ... .. ir *.... City of COlumbus Public Utilities and Aviation Department ..w. "-.........- . .. G. Raymond Lorello, Director off . ~ . rn 00 ~ ~ ~ ~ -'1'~:f4~fJ'~ APR 2 4 1991 Aprl1 1&. 1991 Mr. Howard S. AdllU 8445 GUlllH Ct. Dubltn. Oh'o 43017 Dear Mr. Adams: SUBJECT: COMPLETE GENERAL PROPERTY (+ or - 70 ACRES) - DUBLIN, OHIO This letter 1s in response to your request to allow the above referenced tract, within the C1ty of Dub11n to be serviced for sanitary "wlr by Oelawar. County. The City of Columbus has no object10n, to th1s request. although the property 1s 1n Frankl1n COunty. He have taken steps to allow this situation ," our recent contract discussions with Dub11n. This property w111 continue to be served by the Columbus water system, through the C1ty of Dub11n. , . If you haye any quest10ns regard1ng this matter please c:a 11 Deputy D1rector J1m Joyce at 645-6141. Sincerely, J1.~~ G. Raymond Lorello Direc~or GRL:3PJ:jbe pc: Mr. 30yce Mr. Merritt Mr. Francts Mr. Doutt / Mr. Foegler, Development D1rector. Dubltn f11e .....~ ......... ........ ........ DMIIiIIIIIl InO DvIIIIn R4*, COhIlIItIIN, OhIo 4S2tS.tI1$ ~..I11Ol1101l PI" ~7 ..c.e-e.u. ..L............. .1~ CoIlII1lbu8t Ohio 43223 FAX 8M1lM&-3ll5oI lIUet~ ......,..~ .,....'..1 4tOO1"",,*lolllI~ .........., ..... 814184N37, CcIIunIIJa, OhIo 4S2tO ............ DrMMp..... 1I1oUlM$o7n'l .....DMeIOII 11~102O IOftOft FIIId~ 11~ 1Wt1l141G4548Ot 2ODO Norton Flo4Icl. eotlIIlItIM, 0fII(l43128 ---.... AUG-16-1991 10:28 FROM CITY OF DUBLIN DEV. DEPT. TO MANOR. ADMIN. P.01 -!o; ~ ~OpA'. ~ - , , C 1 T Y 0 F 0 U B L I N ,_. ___ Office of the Direetor of Devefotlmfml .July 31. 1991 Mr. Howard Adams 8445 Gullimc' Court Dublin, OR 43017 Dear Mr. Adams: This letter is a follow-up to Mr. Hansley.s June 12, 1990 letter referencing sanitaIy sewer service to the property owned by Complete General on the north side of Summit View Road, west of Sawmill Road. This site is Iocated within both the City of DublinlFm1klin County and Delaware County. It is our understanding that you desire the City of Dublin to provide water service to the Dublin portion of this sire, but are requesting that sanitmy sewer service be provided by Delaware County. Since neither the City of Columbus nor the City of Dublin objects to this arrangement, we are willing to approve the release of the Dublin portion, of this tract to Delaware County for the purpose of providing sanitary sewer service. As I indicated to you previously, this action may require some type of final Council approval or authorization based upon the specific arrangements which will need to be made to accomplish the release of service area. As I am sure you are aware, aU of the normal City regulations and codes which affect the development of this property are still applicable. If you have any additional questions, please feel free to give me a call at 761-6580. Sincerely, ~~ Assistant City Manager! Director of Development TDF:tsb cc: Tim Hansley .. 5131 Post Rd. Suite #705 Dublin, Ohio 43017 614.701.6580 f. A)(. 6 1 4. 76 1 . 8 5 6 6 TOTAL P.01 I~ MEMORANDUM TO: Members of Dublin City Council FROM: Timothy C. Hansley, City Manager!-;;eLru/~-' SUBJECT: Resolution releasing territory to Delaware County for the purpose of providing sanitary sewer. DATE: August 16, 1991 It is my intention to present the attached resolution at your Monday night meeting. I hope you will give favorable consideration to adding it to your agenda. Howard Adams contacted me immediately after the packets were sent out yesterday and, therefore, this item just missed your formal agenda. He is against a deadline on this project and Delaware County is requesting a sense of Council on this matter before they will proceed any further with negotiations between City staff and Howard Adams. The primary issue should be fairly apparent based on the attached correspondence. This land lies in both Franklin and Delaware Counties and can be serviced more logically and economically by Delaware County for sewer and Dublin, through our Columbus contract, for water. Everyone is in general agreement with this concept and we are now attempting to work out the final details. If you have any questions prior to Monday night, please give me a call. Also, I may be a few minutes late to the meeting because the Village of Plain City has asked that I speak to their Council at 7:00 P.M. Monday regarding the procedures required to adopt a charter form of government. If I do run late, Terry Foegler will cover my absence. TCH/llg . /-'1- q } FIN A L RES 0 L UTI 0 N Adopting plans; Proposing to co-operate; Requesting Director to proceed; (Chapter 5521, Ohio Revised Code) Mr. SlIf"phpn , moved the adoption of the following Resolution: WHEREAS, At a meeting of the legislative authority of Dublin, Ohio, held in the office of said legislative authority on this 9th day of Sppf"pmhpr , 1991, a quorum being present, the improvement of U. S. Route No. 33 (Riverside Drive), under the provisions of Chapter 5521, Ohio Revised Code, came on for further consideration; said portion of highway as described in the legislation proposing cooperation with the Director of Transportation, enacted on the 20th day of May, 1991, being described as fo 1 lows : The upgrading of the existing guardrail by replacement with new type 5 rail and reshaping and compacting the adjacent gravel benm, 0.16 mile south of State Route No. 161 on U. S. Route No. 33 (Riverside Drive) and ending 0.22 mile south at the Dublin City corporation line. Total length of work being approximately 0.23 mile ; and WHEREAS, In of said legislation proposing cooperation, said legislative authority proposes to cooperate with the Director of Transportation in the improvement of U. S. Route No. 33 (Riverside Drive), by assuming and contributing three percent (3%) of the total cost of the improvement. Further. the City agrees to assume and bear the entire cost of any construction item requested by the City which is detenmined not to be eligible for project part icipat ion. . The Director of Transportation notwithstanding the percentage basis of contribution may allocate the money contributed in whatever manner he may deem necessary in financing the cost of construction, rights-of-way, engineering and incidental expenses. The total share of the cost for the City of Dublin, is now estimated in the amount of Four Hundred - - - - - - - - - -00/100 Dollars, ($400.00). but said estimated amount is to be adjusted in order that the City's ultimate share of the cost of said improvement shall correspond with said percentages of actual costs when said actual costs when said actual costs are detenmined ; and WHEREAS. The Director of Transportation has approved said legislation proposing cooperation and has caused to be made plans and specifications and an estimate of cost and expense for improving the above described highway and has transmitted copies of same to this legislative authority . . Franklin County - City of Dublin U. S. Route No. 33 (Riverside Drive) Section 3.92 State Final Resolution - Page 2 ; and WHEREAS, This legislative authority desires the Director of Transportation to proceed with the aforesaid highway improvement. Now, Therefore, Be It Resolved: I. That the section of highway above described be improved under the provisions of aforesaid law. That sa i d work be done under the charge, care and superintendence of the Director of Transportation and that said plans, specifications and estimates for this highway improvement as approved by the Director of Transportation are hereby approved and adopted by this legislative authority. II. Change orders and extra work contracts required to fulfill the construction contract shall be processed as needed. The Director of Transportation shall not approve a change order or extra work contract until he first gives notice, in writing, to this legislative authority. This legislative authority shall contribute its share of the cost of these items in accordance with other sections herein. III. That this legislative authority is still of the opinion the proposed work on the described highway should be constructed, and that we should co-operate on the basis set forth in our propos a 1 . IV. That the estimated sum of Four Hundred - - - - - - - - - -00/100 Dollars, ( $400 . 00) . is hereby appropriated for improving the highway described above. and the fiscal officer is hereby . authorized and directed to issue his order on the treasurer for said sum upon the requisition of the Director of Transportation to pay the cost and expense of said improvement. We hereby agree to assune, in the first instance. the share of the cost and expense over and above the amount to be allocated from State Funds. V. That the installation of utility facilities on the right-of-way shall conform with the reauirements of the Federal Highway Adninistration Policy and Procedure Merrorandun 30-4, "utility Relocations and Adjustments" and the Department of Transportat ion ru 1 es on ut i 1 ity ,Accarm:>dat ion. VI, That it is hereby agreed that the City, 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 anv appurtenances thereto, which do not comply with Ohio Department of Transportation Directive DH-P-411. . . whether inside or outside the corporate limits as may be necessary to confonm to the said improvement and said rearrangements shall be done at such time as requested by the Department of Transportation Engineer. VII. That traffic control signals will be installed on the project only when recommended by a study of roadway and traffic conditions by a traffic engineer or when at least of the warranting conditions specified in the Ohio Manual of Unifonm Traffic Control Devices is met and the municipality does hereby agree to place and maintain all traffic control devices confonming to the Ohio Manual of Unifonm Traffic Control Devices on the improvement in compliance with the provisions of Section 4511.11 and related sections of the Ohio Revised Code. VIII. That the rights-of-way provided for said improvement shall be held inviolate for public highway purposes and no signs, posters, billboards, roadside stands or other private installations shall be penmitted within the right-of-way limits. IX. That this legislative authority of Dublin, Ohio, hereby requests the Director of Transportation to proceed with the aforesaid highway improvement. X. That this legislative authority of Dublin, Ohio, shall enter into a contract with the Director of Transportation providing for the payment by said legislative authority of the estimated sum of Four Hundred - - - - - - - - - 00/100 Dollars, ($400.00), the agreed proportion of the cost and expense to be borne by Dublin, Ohio, for the improvement of the hereinbefore described highway. XI. That the Clerk of this legislative authority be, and he is hereby directed to transmit to the Director of Transportation a certified copy of these Resolutions. XII. This Resolution is hereby declared to be an emergency measure by reason of the need for expediting construction of project(s) to promote highway safety, and provided it receives the affinmative vote of two-thirds of the members elected to the legislative authority, 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 a 11 owed by 1 aw . Thereupon. Mr. __ Amorose seconded the said motion; and upon the roll being called. the result of the vote was as follows: Vote on suspension of the rule requiring an ordinance to be fully and distinctlv read on three different days: (Requires a vea vote by three-fourths of all elected members) Yeas 7 Nays 0 . . . Franklin County - City of Columbus U. S. Route No. 33 (Riverside Drive) Section 3.92 State Final Resolution - Page 5 of 5 Pages We further certify that said Resolution and the action of said legislative authority thereon is recorded in the journal of said legislative authority in volume n/a . at page . and under date of , 1991. IN WITNESS WHEREOF, We have hereunto set out hands and seal, this day of September 9 *SEAL Legislative Authority of Dub 1 in, Oh i 0 . *Note: If the fiscal officer is secretary Ex-Officio of the Legislative Authority, the fiscal officer's seal should be affixed. If there is no seal this fact should be stated by separate letter and attached hereto. . . Franklin County - City of Dublin u. S. Route No. 33 (Riverside Drive) Section 3.92 State Final Resolution - Page 4 Vote on emergencv clause: Yeas 7 Nays 0 Passed: September 9 , 1991. Yeas 7 Nays 0 As An 6mergency Measure. Passed: , 1991. ;;L~' Attest k ayor Attest: Presiding Officer of the Legislative Authority state of Ohio ) ) Office of the Legislative Authority Dublin. Ohio ) This is to certifv that we have compared the foregoing copy and Resolution with the original record thereof, found in the record of the proceeding of the legislative authority of Dublin, Ohio, which Resolution was duly passed by said legislative authority of Dublin, Ohio, on the ninth day of ~tember . 1991, and that the same is a true and correct copy of the record of said Resolution and the action of said legislative authority thereon. . -.. ,.~ P3<l2 1 3[03501 CEL!FRA/uNI/MAR-VAR-VAR ... FTD I) c." : 8 5 0 "j l. r... ~4 ~HJ. ; 6D::3 501 ;:R'JJECT rH':'. : (JH I oJ DEPARTMENT CoF T RAN::;: PC, R TAT I C'14 ~.ETTIIJC; Dt\TE: APPRC)XH1ATE ESTH1ATE UiHT PRICE c.>::m r R ACT F:C'JECT: ::;. T,c\ T E VPE: GUARDRAIL UP'~lRA,DE E: L ,1\ \~I M; E . F R tJl 1< L Ir4 . 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T'~ (':' C' ~~ 2 , i J q, '-- '...---,-- -----,-- r..----.-------------'-.---- -'- ..-----,--- _._h.__~_,_._..___~ ...n-~-5c.~.-.-....- --,,--~-_.. ...-..-.- .----. -- J'-'j ~ ~ 6D2501 DEL!FRA/uNI/MAR-VAR- AR - . - ("'\ ",' ~: o~ FISCAL OFFICER'S CERTIFICATE (Chapter 5521 and Section 5705.41, Ohio Revised Code) I hereby certify that the money, to wit: $ 400. 00 , required for the payment of the cost other than that part thereof assumed by the State of Ohio, for the improvement of that portion of U. S. Route No. 33 (Riverside Drive), lying within the corporate limits of the City of Dublin, more particularly de- scribed as follows: The upgrading of the existing guardrail by replacement with new type 5 rail and reshaping and compacting the adjacent gravel berm, beginning 0.16 mile south of State Route No. 161 on U. S. Route No. 33 (Riverside Drive) and ending 0.22 mile south at the Dublin City corporation line. Total length of work being approximat1ey 0.23 mile has been lawfully appropriated for such purpose and is in the treasury to the credit of, or has been levied, placed on the duplicate and in process of collection for the appropriate fund, and not appropriated for any other purpose; or is being obtained by sale of bonds issued on account of said improvement, which bonds are sold and in process of delivery. I further certify that this certificate was made, sealed and filed with the legislative authority of the City of Dublin , Ohio, after said legislative authority passed the final resolution in connection with the within described project; and that this certificate was forthwith recorded in the record of proceedings of said legislative authority, namely: Legislative Authority's Journal, volume , at Page . IN WITNESS WHEREOF, I have hereunto set my hand and official seal as said fiscal officer, this \ (j'L, day of l-J ~ ~ \ ~ Vv--..\:J~"~- , 19 91 . (Fiscal Officer's Seal) \\~ ~ ~ ~~ L <:'>--,-,,,/ "'- 0, j~-cc "-<.~' t~ Fiscal Officer of Dublin , Ohio. If you have any questions, please feel free to contact Arlene S. Robinson at 614-466-3209. District No. 6 . George V. Volnovlch Governor @}illID ~~~ @1.F ~~ 25 South Front Street P.O. Box 899 Columbus, Ohio 43216-0899 August 19, 1991 Michael C. Flynn District Deputy Director Ohio Department of Transportation 400 East William Street Delaware, Ohio 43015 t: Ri chard Lyndes e: Franklin County - City of Dublin u. S. Route No. 33 - Section 3.92 State Dear Mr. Lyndes: This 0ffice is transmitting herewith the following suggested final legislation for the City of Dublin , relating to the subject project: a - 1 copy Approximate Estimate (to be retained by the political sub-division) b - Certified copy of the Director's Certificate of Jounalization ~- 3 copies Final Resolution ~- 1 original and 1 copy Fiscal Officer's Certificate e - 3 copies Contract f - 1 original and 3 copies of Official Highway Invoice No. 7822 (Plans and a Specification Book have been sent to you for the political ~ sub-division) ~ems c, d, and e are required to be executed in this chronological o~der to omply with Section 5705.41 and Chapter 5521, Ohio Revised Code. When the legislation has been properly executed, one copy of item c, the duplicate copy of item d, two copies of item e and one original of item f together with the invoiced amount, must be returned to this office. Page 1 of 2 Pages Franklin County - City of Dublin U. S. Route No. 33 - Section 3.92 State ~ copy of items c, e and f may be retained by you for the District files. ince it is contemplated to schedule this project for )ptting. October 10, 199/ and since the executed legislation must bear the approval of the Attorney General, prior to advertisinr for bids, these papers must reach this office not later than September 12, 991. - ~ Respectfully, f'YJ~ --M. ~ /~-J Mark G. Kelsey, Administra r Bureau of Contract Sales MGK:ASR:asr c: City of Dublin / Thomas McPherson Ken Linger File *The Attorney General will not approve the foregoing contract unless the ~OWing seals are properly affixed: 1 Certificate of funds (Fiscal Officer's Seal) . Contract - Certificate of County and/or Corporation Seal). In the event there is no such seal, a letter to that effect from the proper body is required. CROW AGREEMENTS ARE NOT APPLICABLE ON PROJECTS RE UIRING A LOCAL DEPOSIT OF 5,000.00 OR LESS. f you have any questions, contact Arlene S. Robinson at 1-614-466-3209: Or1i. and 2 cc to Deb~Qr: -,- OHIO DEP ART~NT OF TRANSPORT All (If. CR. lee to District lee Contract Sales ACCOUNT RECEIV ABLE 7822 3ce '.~o H" 'ay Auditor I NVO'Cf NO - -..---"--- --- lee to S, ,.;! Audl tor CS-2-74 MAKE CHECK PAY A81 ( 10, [) IV ISlllN NO C.O. TREASURE~ 01 !>TAn. --....-- . . - -"- . - -.-- . - .".-- I PLEA5EENCLOSE Department of Transportatton issued by BUTf'aU of Contrilct Salee; ONE COpy OF THIS AND MAil TO: . INVOICE TO toEN- Mark G. Kelsey Columbus T1FY YOUR REMIT- Bureau of Contract Sales A T ,OHIO T ANC!. a.. J18. Departaent of Transportation August 19 25 S. FRONT Sf REEl ON 019 --2l --- COLUMBUS, OHIO "371S PROJECT DESIGNATION State TQ Nannette Metz ()r. : Franklin County - City of Dublin Finance Director U. S. Route No. 33 - Section 3.92 Dublin, Ohio 43017 IONT~. ;"0. .E, E , CREDIT FUNn. YfA~ 19 92 . FOLD HERE TO fIT WINOO.., fNVflOPE. 'h, -.-.. ... ----- -- . ".-.. ---. .-. If you have any questions, please feel free to contact Arlene S. Robinson at 614-466-3209. PROPOSAL OF PARTICI'. TION TYPE OF AGREEMENT AMOUNT - .- For the improvement of that portion of U. S. Route No. 33, $400.00 lying within the corporate limits of the City of Dublin, mroe particularly described as follows: The upgrading of the existing guardrail by replacement with new type 5 rail and reshaping and compacting the adjacent gravel berm, beginning 0.16 mile south of State Route No. 161 on U. S. Route No. 33 (Riverside Drive) and ending 0.22 mile south at the Dublin City corporation line. Total length ~rk being approximately 0.23 mile Original & 2cc City District (6) Engineer . Adm., Bur. of Con. Sales Accts. Rec. Inv. File John Hansley --------..----.----...---." .- 0_.'__'_'- ___ Totol A"'..unl n\le $400.00 --"----. .-.--- -.-.. .--. .-- - .~_. ..__. - _. p- ".. - --- ,_ _ . _ , _L--____ ,______._ - - -- ----------.-.---... -'.-- ._--._-. --..-.------ _... __. ___ .__ 0______-- _. _ _ _ _ _ _ API'ROVED FOR PAYMENT Signature OHiu DEPARTMENT OF TRANSPORTA1'lON Title BY Date ---- -- Or1i. and 2 cc to Deb~Qr: -'- OHIO DEP ARTf€NT OF TRANSPORTATI<Ji. CR. lee to D1etriet .lee Contract Sale. ACCOUNT RECEIV ABLE 7822 3cc '.1;0 H' 'y Auditor I HI/Olef NO - ....---.--- _.- lee to S, 0:: Audi tor CS-2-74 MAKE CHEC'K PAY ABl r 10: OlVI..,llN NO C.O. TREASURE~ 01 HA H ..._._- . . - - . - -.- --....- I PLEASE ENCLOSE Department of Transportation lsslIeJ bV BIITt'au of Contr4lcl S..les ONE COpy OF THIS AND MAIL TO: ' INVOICE TO IDEN- Mark G. Kelsey Columbus T1FY YOUR REMIT- Bureau of Contract Sales A T ,OHIO T ANC!. a.. J18, Department of Transportation August 19 -2.! 25 S. FRONT 5 rREEl' ON 019 ._--- COLUMBUS, OHIO "311S PROJECT DESIGNATION State TO: Nannette Metz PI.: Franklin County - City of Dublin Finance Director U. S. Route No. 33 - Section 3.92 Dublin, Ohio 43017 rONTR. i"O, ,e, E CREDIT FUNO. YE"R 19 92 . , _ FOLD HERE TO fIT WINDO.. fNVfLOPE. ,... ._--. . .. -----. .+ - -..P' _._. .." If you have any questions, please feel free to contact Arlene S. Robinson at 614-466-3209. PROPOSAL OF PARTICIP. TION TYPE OF AGREEMENT AMOUNT - ,- For the improvement of that portion of U. S. Route No. 33, $400.00 lying within the corporate limits of the City of Dublin, mroe particularly described as follows: The upgrading of the existing guardrail by replacement with new type 5 rail and reshaping and compacting the adjacent gravel berm, beginning 0.16 mile south of State Route No. 161 on U. S. Route No. 33 (Riverside Drive) and ending 0.22 mile south at the Dublin City corporation line. Total length ~k being approximately 0.23 mile : Original & 2cc City District (6) Engineer . Adm., Bur. of Con. Sales Accts. Rec. Inv. File John Hansley - ______...____.____ ,~.__. 0" ._ .-.---.-.-.---- Totol "m"unl rlue $400.00 --"----. ------ .__.. ..-" ..- - .--. .._- - _..- -.. - --- __ _. _ _L-__,_ ,______,_ ------------ ------- --.----.-. -.- -- .--..--. -_. ---- --.-- -.. ._-. --- --- --------_. -- - - - - - - AP~RO.,EO FOR PAYMENT , , Signature OHIO DEPARTMI-:NT OF TRANSPORTAl' iON Title q BY Date ~: ----- OHIO DEPARTMENT OF TRANSPORTATION CERTIFICATE OF JOURNALIZATION I hereby certify that the Director of Transportation of Ohio, in compliance with Section 5521.04, Ohio Revised Code, approved legislation enacted on May 20 , 19 91 ,by the legislative authority of the City of Dublin , Ohio, which legislation pro- posed cooperation with the Director of Transportation of Ohio in the improvement of that portion of U. S. Route No. 33, lying within the corporate limits of the City of Dublin, more particularly described as follows: The upgrading of the existing guardrail by replacement with new type 5 rail and reshaping and compacting the adjacent gravel berm, beginning 0.16 mile south of State Route No. 161 on U. S. Route No. 33 (Riverside Drive) and ending 0.22 mile south at the Dublin C'ity corporation line. Total length of work being approximately 0.23 mile and that said approval was entered on the Director1s official journal in 76 3 August 8 Volume , Page , under date of , 19 91 . If you have any questions, please feel free to contact Arlene S. Robinson at 614-466-3209. - CONTRACT (Chapter 5521, Ohio Revised Code) Note: Before the signing of this contract the fiscal officer must make and seal and file with the Legislative Authority his certificate of funds in strict compliance with Chapter 5521, and Section 5705.41, Ohio Revised Code. The fiscal officer should record his certificate of funds in the Legislative Authority's journal. This contract and agreement made in duplicate this ninth day of September 1991, by and between the Dublin, hereinafter referred to as the legislative authority and the State of Ohio, hereinafter referred to as the State, witnesseth: WHEREAS, On the 20th day of May, 1991, said legislative authority adopted legislation proposing to cooperate with the State in the highway improvement, which is to be made by and under the supervision of the Director of Transportation, said highway improvement being described as follows: The upgrading of the existing guardrail by replacement with new type 5 rai 1 and reshaping and compacting the adjacent gravel benm; beginning 0.16 mile south of State Route No. 161 on U. S. Route No. 33 (Riverside Drive) and ending 0.22 mile south at the Dublin City corporation line. Total length of work being approximately 0.23 mile ; and WHEREAS, Thereafter, on the 8th day of August, 1991, the Director of Transportation accepted the proposal of said legislative authority to cooperate with the state in said highway improvement, said action of the Director,of Transportation being recorded in the Director's journal, volume 76 at page 3 ; and WHEREAS, On the 19th day of August. 1991, the Director of Transportation detenmined to make the proposed highway improvement, when, in his judgment, conditions penmit the advertising and awarding of a contract, therefor : and WHEREAS. Thereafter. on the 13th day of August, 1991, the Director of Transportation submitted plans and estimates for said highway improvement to the legislative authority for approval : and WHEREAS. Thereafter. on the ninth day of September , 1991. said legislative authoritv dulv adopted a final resolution, approving t Franklin County - city of Dublin u. S. Route No. 33 (Riverside Drive) Section 3.92 State Contract - Page 2 plans, proposing to co-operate, requesting the Director of Transportation to proceed and resolving to enter into a contract with the State in confonmity with previous resolutions, providing for the payment by said legislative authority of the estimated sum of " being the share of said legislative authority in the total estimated cost and expense of said proposed highway ilT'Provement ; and WHEREAS, The Clark has reported to th i s 1 eg i slat i ve author i ty that a certified copy of such Resolution has been duly transmitted to said Director of Transportation ; and WHEREAS, This legislative authority assumes and agrees to pay as its share of the cost and expense of construction of said highway ilT'Provement the sum of money hereinbefore set forth, which moneys are now available for the purpose and as to which the fiscal office has filed with said legislative authority a certificate that such moneys are in fund, all as required by statute, a duplicate of which certificate has been filed with the Director of Transportation ; and WHEREAS, In of said legislation proposing cooperation, said legislative authority now proposes to cooperate with the Director of Transportation in the ilT'Provement of U. S. Route No. 33, by assuming and contributing three percent (3%) of the total cost of the ilT'Provement. Further, the City agrees to assume and bear the entire cost of any construction item requested by the City which is detenmined not to be eligible for project participation. The Director of Transportation notwithstanding the percentage basis of contribution may allocate the money contributed in whatever manner he may deem necessary in financing the cost of construction, rights-of-way, engineering and incidental expenses. The total share of the cost for the City of Dubl in. is now estimated in the amount of Four Hundred - - - - - - - - - - 00/100 Dollars, ($400.00), but said estimated amount is to be adjusted in order that the City's ultimate share of the cost of said improvement shall correspond with said percentages of actual costs when said actual costs are detenmined ; and WHEREAS. Said legislative authority agrees that upon completion of said improvement it will. thereafter. keep said highway open to traffic at all times; and (a) Maintain the improvement in accordance with the provisions of the statutes relating thereto, and make an~le financial and other provisions for such maintenance; and Maintain the Right-of-way and keep it free of obstructions in - v Franklin County - City of Dublin U. S. Route No. 33 (Riverside Drive) Section 3.92 State Contract - Page 3 a manner satisfactory to the State of Ohio and hold said right- of-way inviolate for public highway purposes and penmit no signs, posters, billboards, roadside stands or other private installations within the right-of-way limits; and (c) Will place and maintain all traffic control devices confonming to the Ohio Manual Unifonm Traffic Control Devices on the improvement in compliance with the provisions of Section 4511.11 and re 1 atec! sect ions of the Oh i 0 Rev i sed Code; and (d) Regulate parking in the following manner: Prohibit parking throughout the limits of the improvement ; and WHEREAS, Said City further agrees: (a) That all existing street and public way right-of-way within the City which is necessary for the aforesaid improvement shall be made available therefor. (b) That the City will acquire any additional right-of-way required for the construction of the aforesaid improvement in accordance with the applicable State and Federal Regulations and instructions given by the State. (c) That arrangements obtained fram all public utility companies whose lines or structures will be 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 immediately after notification by the City or the Department of Transportation Engineer. (d) That it is hereby agreed that the City 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 Ohio Department of Transportation Directive DH-P-411. 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 reauested by the Department of Transportation Engineer. (e) That the construction, reconstruction, and/or rearrangements of both publicly and orivately owned utilities. referred to in subsections (c) and (d) above shall be done in such a manner as not to interfere . Franklin County - City of Dublin u. S. Route No. 33 (Riverside Drive) Section 3.92 State Contract - Page 3 unduly with the operation of the contractor constructing the improvement and all back filling of trenches made necessary by such utility rearrangements shall be performed in accordance with the provisions of the Ohio Department of Transportation Construction and Material Specifications and shall be subject to approval by the State. (d) That the installation of all utility facilities on the right-of-way shall confonm with the requirements of the Federal Highway Adninistration Policy and Procedure Marorandun 30'4, "utility Re locat ions and Adjustments" and the Department of Transportat ion rules on utility Accommodation. (f) That the City hereby agrees to accept responsibility for any and all damages or claims for which it is legally liable arising from the negligence of its officers, employees or agents in the performance of the City's obligations made or agreed to in Sections (a), (b), (c), (d), (e) and (f) hereinabove. Likewise, the state agrees to accept responsibility for any and all damages or claims for which it is legally liable arising from the negligence of its officers, employees or agents in the performance of the State's obligations made or agreed to in Sections (a), (b), (c), (d), (e) and (f) hereinabove. (h) Change orders and extra work contracts required to fulfill the construction contract shall be processed as needed. The Director of Transportation shall not approve a change order or extra work contract until he first gives notice, in writing, to this legislative authority. This legislative authority shall contribute its share of these items in accordance with other sections herein. . NCW. THEREFORE, In consideration of the foregoing and the construction of said improvement desired and detenmined by the legislative authority of Dublin, Ohio. said legislative authority hereby contracts and agrees with the State of Ohio that it will pay, as its agreed proportion of the cost and expense of said improvement. the estimated sun of Four Hundred - - - - - - - - - 00/100 Dollars, ($400.00). and that the same shall be paid by the proper City Officials upon the requisition of the Director of Transportation. Attest' 11;1d II (JAh For the City of Dublin, Ohio ~~~- Citv Manager (Contractual Officer(s) Signature(s) and Title) of Dublin. Ohio. .~ ~ Franklin County - City of Dublin U. S. Route No. 33 (Riverside Drive) Section 3.92 State Contract - Page 4 of 4 Pages State of Ohio Attest: Accepted by: Director of Transportation State of Ohio ) ) Office of the Legislative Authority Dub 1 in, Oh i 0 ) This is to certify that we have compared the foregoing copy and contract with the original record thereof, found in the record of the proceedings of the legislative authority of Dublin, Ohio, and which contract was duly signed by the City Manager of Dublin, Ohio, on the ninth day of September , 1991. and that the same is a true and correct copy of the record of said contract and the action of said legislative authority thereon. . We further certify that said contract and the actions of said legislative authority thereon is recorded in the journal of said legislative authority in voll.l1le n/a , at page , and under date of , 1991. IN WITNESS WHEREOF. We have hereunto set our hands and seal, this ninth day of September X 1~ . ~. --J-;n If ~...cZ /'I :// presi d i Off icer *SEAL , Legislative Authority of Dublin. Ohio. Note: If the fiscal officer is secretary ex-officio of the Legislative Authority. the fiscal officer's seal should be affixed. If there is no seal. this fact should be stated bv separate letter and attached hereto.