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HomeMy WebLinkAbout005-86 Ordinance ORDINANCE NO. 05-86 AN ORDINANCE DETERMINING TO PROCEED WITH THE IMPROVEMENT OF AN EASEMENT OF THE VILLAGE BETWEEN CERTAIN TERMINI BY CONSTRUCTING A STORM SEWER AND ALL NECESSARY APPURTENANCES THERETO, AND DECLARING AN EMERGENCY. WHEREAS, Council adopted Reso~ution No. 30-85 on November 18, 1985, declaring the necessity of making the improvement described in Section Ii NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Dublin, Franklin, Delaware and Union Counties, Ohio, that: Section 1. It is determined to proceed with the improvement in the Village of an easement of the Village of Dublin. Ohio, along the property line of lots on the north side of Long Branch Drive and the south side of Ashworth Court from the westerly line of Lot No. 7-23 of the Waterford Village Subdivision to the easterly line of Lot No. 6-29 of that subdivision by constructing a storm sewer and all necessary appurtenances thereto. Section 2. The improvement stall be l!lade in accordance with the provisions of Resolution No. 30-85, and with the plans, speCifications, profiles and estimate of cost previous,ly approved and now on file in the office of the Clerk of Council. Section 3. All claims for damages resulting from the improvement that have been legally filed shall be inql:ired into before the commencement of the improvement, and the Director of Law i 0' authorized and directed to " institute legal proceedings in a court of competent jurisdiction to inquire into those claims. Section 4. The portion of the cost of the improvement to be assessed in accordance with the Resolution No. 30-85 shall be assessed in the manner and the number of installments provided in that resolution and on the lots and lands described therein. Section 5. The estimated special assessments preViously prepared and filed in the office of the Clerk of Council arc adopted. Section 6. The Clerk of Council shall deliver a certified copy of this ordinance to the County Auditor within 15 days after its passage. Section 7. Subject to the provisions of Section 72 7.24 of the Revised Code, the City Manager of the Village is authorized and directed, as soon as the funds are available, to make and execute a contract for the improvement with the lowest and be;;t bidder after advertising according to law, and the improvement shall be financed as provided in Resolution No. 30- 85. Section 8. This Council finds and determines that all formal actions of thiS Council concerning and relating to the passage of thiS ordinance were adopted in an open meeting of this Coun~il and that all deliberations of this Council and of any of its cor.unittees that resulted in those formal actions were in meetings open to the PUbliC, in compliance with all legal requirements including Section 121.22 of the Revised Code. Section 9. ThiS ordinance :is declared to be an emergency measure necessary for the immediate preservation of the publiC peace, health, safety and welfare of this Village and for the further reason that the immediate effectiveness of this ordinance is required to provide for the construction of , . ,..- . the improvement, which is needed to eliminate existing hazards to the health and property of the residents of the Village; wherefore, this ordinance shall be in full force and effect immediately upon its passage. .d Passed the 020 day of January, 1986. vM~~~d Mayor-Presiding Officer Attest: /J -~>? 'n). '((~ Clerk of Council ~~ tf'?7~ Sponsor ~ I here~y ee~ify th3~ c(lpies rf t~i~ O'd;~~I""' I"~,(l!".:"~ were po~ted In the ~lil'g" c' ". ' Section 731.25 of the ohio R,;;is~d'C~~/l aCCO;dJIlCe with t . A(Z~L.7~ 14-~ Clerk of Council - - . ___., .". . . ,_._ d.. &J~~0~ 6665 Coffman Road Dublin, Ohio 43017 February 19, 1986 Mr. Gregory W. Stype Squire, Sanders & Dempsey BancOhio National Plaza 155 East Broad Street Columbus, Ohio 43215 Dear Mr. Stype: Re: Waterford Village Storm Sewer Improvements As requested please find enclosed the following items: 1- Certified copy of the ordinance to proceed as passed by Council. 2. Minutes of the Council meeting showing passage of the ordinance to proceed under a suspension of the rules as an emergency measure. 3. The executed revised return of service certificate. 4. The executed revised certificate of service of notice to property owners. 5. The executed certificate that no objections have been filed to estimated assessments. 6. The executed no damage claims certificate. 7. A certified copy of Resolution No. 30-85 (with certificate of posting). Sincerely, /.1 11.A/L<-~ J~~o ~7l Frances M. Urban Clerk of Council fmu ~,Rf~fY0~ ~/~., ~~d~ S'~ rd'/4) 1'1'/(1.91'1' ~~,~~ fJ8ruwek- ..A/aCW~ .9~ y~ rd'/#) 1'1'4.(1.1.11' C~ek /SS etUt [!g~ J~ .LII1U~ .r~ .$- '?!k,.,t, .Ar- '&~ ~~, ek- 482/S .9'~, .w'~ )J~, PA~ January 15, 1986 Frances M. Urban Clerk of Council Village of Dublin, Ohio b665 Coffman Road Dublin, Ohio 43017 Re: Waterford Village Storm Sewer Improvements Dear Frances: I have prepared and enclose herewith the following items in connection with the Waterford Village storm sewer improvements: 1. Revised return of service certificate, to be completed and executed by the police patrolperson who delivered the attached notice to Brett K. and W. A. Avner. This certificate has been revised to refer only to notices delivered by personal or residence service, and it has also been revised for signature by the police officer who delivered the notice. Prior to execution by the officer, you should complete the certificate by indicating the "Type of Service" ("Personal" or "Residence") under this heading on the certificate. If the officer handed a copy of the notice to Brett or W. A. Avner, the service is "Personal"; if a copy of the notice was left at the residence with a person of suitable age (but not Brett K. or W. A. Avner), the service was "Residence" service. Following execution of this certificate by the police officer, the officer's signature should be acknowledged by a notary public. 2. Revised certificate of service of notice to property owners of special assessments, to be reviewed, signed and dated by you. This certificate has been revised to delete all references to service of the attached notice by publication or first class mail, neither of which were required because all service was accomplished by certified mail or hand delivery. ::so Certificate that no objections have been filed to estimated special assessments, to be reviewed, signed and dated by you. 4. No damage claims certificate, to be reviewed, signed and dated by you. 5. Posting certificate for Resolution No. 30-85, to be reviewed, signed and dated by you. 6. Ordinance determining to proceed with the improvement. ~,x/~fJ/fi1~ Frances M. Urban January 15, 1986 Page 3 Please call if you have any questions. Very truly yours, ~J W~, Gregory W. Stype:ecj enclosures cc (w/enc): Steven J. Smith, Esq., Director of Law Bruce Warner, Village Engineer Nan Prushing, Director of Finance ~ff~f}<~ l"rances M. Urban January 15, 1986 Page 2 7. Section 319.61 certificate, to be completed, signed and dated by the County Auditor of Franklin County when you deliver a copy of the ordinance to proceed to the Auditor. 8. Revised estimate of cost and one-third certificate, to be completed (with the assistance of the Village Engineer and Manager), signed and dated by you after bids are accepted for the improvement. I understand that the enclosed ordinance to proceed will be considered by Council at its regular meeting scheduled for Monday, January 20. The ordinance has been drafted as an emergency measure and should be passed under a suspension of the rules by a two-thirds vote. The ordinance provides that the improvement shall be made in accordance with the plans, specifications and profiles and estimate of cost previously approved by Council in the resolution of necessity and now on file in your office. Although no claims for damages were received by you within the legally allotted time, Section 3 must still be included in the ordinance to comply with a requirement of state law. Obviously, this section will have no effect. Finally, the ordinance adopts the estimated special assessments previously prepared and filed in your office. You should deliver a certified copy of the ordinance to the Franklin County Auditor within fifteen days after its passage and have the auditor complete, sign and date the enclosed Section 319.61 certificate. Following passage of the ordinance and a determination of the manner in which the improvements will be financed, the Village can proceed with the advertisement for bids for this project. Bruce Warner is undoubtedly aware that it the lowest and best bid for labor and materials for the improvement exceeds by 15% or more the estimated cost for labor and materials on file with your office, no contract may be entered into until the Council determines by a majority vote, after a public hearing following appropriate public notice, that the improvement should be made. For our files, please return to me a.certified copy of the ordinance to proceed as passed by Council,.minutes of the Council meeting showing passage of the ordinance to proceed under a suspension of the rules as an emergency measure, --the executed revised return of service certificate, ""the executed revised certificate of service of notice to property owners,~he executed certificate that no objections have been filed to estimated assessments, the executed no damage claims certificate, the executed Section 319.61 certificate and the executed posting certificate for Resolution No. 30- 85. In addition, please send me a certified copy of Resolution No. 30-85 as adopted by Council. Finally, please send me the completed and executed revised estimate of cost and one-third certificate following the award of bids for this project. ~-,- RECORD OF PROCEEDINGS ,H ed ill:.!. .\/ i/l/ltes of Dublin Village Council Meeting ,,' ~ National Graphics Corp., Cols.. O. Form N,O._l~97 .~~ Held January 20, 1986 HJ . J~- I I The regularly scheduled meeting of the Dublin Village Council was called I to order by Mayor Close at 7:48 P.M. on Monday, January 20, 1986. \ I Mr. Jankowski led the Pledge of Allegiance. \ -- Council members present were: Mr. Amorose, Mayor Close, Mr. Jankowski, Dr. Lewis, Ms. Maurer, Mr. Rozanski, and Mr. Sutphen. \ Mr. Banchefsky of the Law Director's office was present I Mr. Sheldon was absent. I Staff members present were: Mr. Bowman, Ms. Jordan, Ms. Prushing, and ! Mr. Warner. i \ Dr. Lewis made a motion to approve the minutes of the January 6, 1986 ! \1 meeting of Council. Mr. Amorose seconded the motion. The vote was unanimous in favor. I \ Dr. Lewis made a motion to approve the minutes of the January 14, 1986 'I special meeting of the Council of the Village of Dublin. Mr. Sutphen seconded the motion. The vote was 7-0 in favor. 'I \ Dr. Lewis moved to approve payment of the bills. Mr. Sutphen seconded the motion. The vote was unanimous in favor. Mayor Close apologized to those present for the delay in beginning the i Council Meeting. He explained that the items being discussed in the I Executive Session had taken up more time than anticipated. , , i ,_ : Resolution No. 31~5. Ohio Public Employees Deferred Compensation program~ Third Reading. I The vote on the Resolution was unanimous in favor. Ordinance No. 04-86. Establishment of Cash Funds for Various Departments. First Reading. j Mr. Amorose introduced the ordinance. Ms. Prushing suggested that the ordinance be treated as an emergency. Ms. Maurer moved to do away with the three time reading rule and treat as an emergency. Mr. Amorose seconded the motion. The vote was unanimous in favor. The vote on the Ordinance was 7-0 in favor. Ordinance No. 05-86. To Proceed with Waterford Storm Sewer Project. First Reading. Dr. Lewis introduced the ordinance. Mr. Warner noted that the residents affected by the ordinance had been notified regarding same and had no objection. Dr. Lewis moved to do away with the three time reading rule and treat as an emergency. Mayor Close seconded the motion. ;1 The vote was unanimous in favor. --- !: Hayor Close explnil1cd to r.he r,,:w Council melnbers that this was a project ill t~at Mr. Ed Giorgione put together whereby the property owners and the I Vlllage were each assessed half of the cost of the project (tiling ;! of the storm sewer). Ii The vote on the Ordinance was 7-0 in favor. I I I I Resolution No. 02-86. Amend Council Rules of Order Regarding Standing I Committees. First Reading. I Dr. Lewis objected to the introduction of the Resolution at this time, commenting that at the last meeting of Council Mayor Close had appointed ! , a committee to examine the Council Rules of Order and report back to counc11. \1 I .1 . RETURN OF SERVICE I certify that I am a police patrolperson of the village of Dublin, OhiO, and that I served the attached notice on the persons named below either by handing to one of them a true and exact copy of the notice or by leaving a true and exact copy of the notice at their usual place of residence with some person of suitable age and discretion then residing in that residence, as indicated below by the words "personal" or "residence" respectively, and that this service was made on the date indicated below. Type of Date Name Service Served Brett K. & W. A. Avner 12/13/85 ?1Z .d .~/ $/// Ti tle: Police Patro1person Village of Dublin, Ohio STATE OF OHIO ) ) SS: COUNTY OF FRANKLIN ) jworn to before me and subscribed in my presence this -;cI>/day of ,4;YVIf (? Y , 19 ~~. 9~,~ !2ttv otary PubliC'" D. MARIE ALLEY NOT;\RY PU3UC, STATE OF OHIO I /;t/~p MY COi\'iWSSION EXPIRES / , i CERTIFICATE OF SERVICE OF NOTICE TO PROPERTY OWNERS OF SPECIAL ASSESSMENTS I certify that: L I have caused to be served either personally, by residence service or by certified mail, a notice in the form hereto attached upon all owners of the lots and lands to be assessed for the improvement described in Resolution No. 30-85 adopted by the Council of the Village of Dublin on November 18, 1985. 2. The personal, residence and certified mail service of notice was completed on December 13, 1985. Dated: January ,).q 1986 ~ ~,~ ~?1 7t~ Clerk. of uncil Village of Dublin, Ohio y~~;(c?' /9f6- ,~ NOTICE TO PROPERTY OWNERS OF SPECIAL ASSESSMENTS TO: You are notified that on November 18, 1985, the Council of the Village of Dublin, State of Ohio, adopted Resolution No. 30-85 declaring it necessary to improve an easement of the Village of Dublin, Ohio, along the property line of lots on the north side of Long Branch Drive and the south side of Ashworth Court from the westerly line of Lot No. 7-23 of the Waterford Village Subdivision to the easterly line of Lot No. 6-29 of that subdivision by constructing a storm sewer and all necessary appurtenances thereto. The resolution approves the plans, specifications, prof iles and estimate of cost for the improvement, which were prepared by the engineering consultant to the Village, Burgess & Niple, Limited, and are now on file in the office of the Clerk of Council, and provides that the Village shall assume and pay as its portion of the cost of the improvement one-half of the entire cost of the improvement and the balance of the cost of the improvement shall be assessed in proportion to the benefits that may result from the improvement upon Lot Nos. 6-12, 6-13, 6-14, 6-28, 6-29, 7-20, 7-21, 7-22 and 7-23 in the Waterford Village Subdivision. The estimated speCial assessments for the improvement based on the estimate of cost are now on file in the office of the Clerk of Council and available for inspection by any interes~~3~~r~on. The estimated assessment for your lot is in the amount of $1,66&.6). Objections to the speCial assessments, or the amount or apportionment thereof, must be filed in writing in the off ice of the Clerk of Council within two weeks from the date of completion of service of this notice of the adoption of the resolution. By order of the Council of the Village of Dublin, Ohio. /"7 -- Z'fJ2n'(.-e~ '7'1' lfhA~ Clerk of Council Village of Dublin, OhiO ~:vnAA~7 ;2,~, /91'-6 :I CERTIFICATE THAT NO OBJECTIONS HAVE BEEN FILED TO ESTIMATED SPECIAL ASSESSMENTS I certify that within the period provided by law no objections have been filed to the estimated special assessments, or the amount or the apportionment thereof, for the improvement described in Resolution No. 30-85 adopted November 18, 1985. ~lVn/~/OVlJ 7tA~---. J Clerk. of ouncil Village of Dublin, OhiO Dated: JanuaryJ~ 1986 . ...' NO DAMAGE CLAIMS CERTIFICATE I certify that within the period provided by law no claims for damages with respect to the improvement described in Resolution No. 30-85, adopted November 18, 1985, have been filed. ~ .~ JA-~~ ~ ~/-Lr.. Clerk of C uncd Village of Dublin, OhiO Dated: January ,)q{ 1986 POSTING CERTIFICATE I hereby certify that Resolution No. 30-85. adopted by the Council of the village of Dublin. Ohio on November 18. 1985. was posted for a period of not less than fifteen days after its adoption in not less than three public places in the Village determined by the Council. I further certify that the Council of the Village has not. by ordinance or resolution. required that ordinances and resolutions be published by means in addition to the postings required by Section 4.14 of the Charter of the Village. " i'i~,U<J '11;, 1/f~ Clerk. of Council Village of Dublin. OhiO Dated: January U 1986 CERTIFIED MAll. NOTICE TO PROPERTY OWNERS You are hereby notified that on the 18th day of November, 1985, the Council of the Village of Dublin, State of Ohio, duly adopted Resolution No. 30-85 declaring it necessary to improve an easement of the Village between certain termini by constructing a storm sewer and all necessary appurtenances in the Village of Dublin, Ohio. Said Resolution approves the plans, specifications, estimates and profiles for said improvement theretofore prepared by the engineer and now on (iie in the offi...:€ uf ::::c C~-!r!: cf t!:e Cot.::~~i19 ~n~ p~cv:d~~ ~~~t the whole cost of the improvement, less the Village portion, shall be assessed by the benefits that may result from the improvement upon l.ots 6-12, 6-13, 6-14, 6-28, 6-29. 7-20, 7-21, 7-22 and ;-23 in the Waterford Village Subdivision. The estimated assessments for such improvement based on the engineer's estimat~ of cost are now on file in the office of the Clerk of Council, Village Hall, 6665 Coffman Roatl, Dublin, Ohio 43017. and available for inspection by any intp.r~sted person. . Objections to the assessment, amount or apportionment thereof must be filed in writing in thp. office of the Clerk of Council within two weeks from the date of receipt of this notice. Such oblection shall include the address for mailing the notice of hearing of the Assessment Equalization Board. By order of the Council of the Village of Dublin. /' -A." "/,/'] l!' /r. ' , .' ,(-<dUe:. 0" ,'''' l C-d... 7,'/ Clerk of CQunc11 \ - November 20, 1985 Owner Parcel No, Amount Brett K_ and W_ A. Avner 1614 $1,395.00 278 Longbranch Drive Dublin, Ohio 43017 ~ l ,-A ~'-- /tJ /3 'f,)' -, ..---------- ------ Signat:ure Dare RE>ceived /~p ~tCJ REVISED ESTIMATE OF COST AND ONE-THIRD CERTIFICATE I certify that: 1. Based on the lowest and best bid received for improving an easement of the Village between certain termini by constructing a storm sewer and all necessary appurtenances thereto in accordance with Resolution No. 30- 85 adopted November 18, 1985, the aggregate revised estimate of cost of that improvement, including the costs specified in Section 727.08 of the Revised Code and all other necessary expenditures, is $23.200.60 2. The portion of that cost allocated to the Village in accordance with Resolution No. 30-85 and Ordinance No. 05-8' passed January 20, 1986 and to be paid from Village funds is $11,6oo.3n Accordingly the remaining $ 11.600.30 is to be assessed in accordance with Resolution No. 30-85. 3. The estimated cost for labor and materials on file in my office and referred to in Resolution No. 30-85 adopted by Council on November 18, 1985, was $ 26,000.00 . The lowest and best bid for labor and materials was in the aggregate amount of $ 19,200.60 . 4. The speCial assessments for the improvement will not in any case, 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 any property to be assessed for the improvement, including improvements thereon, as enhanced by the improvement. This certification is based upon the estimated special assessments preViously approved by the Council and the reVised estimate of cost of the improvement as stated above. 5. The easements for the improvement described in Resolution No. 30-85 have been obtained by the Village. /) ~ kft.-nlj~-? c~rk of co7:Ju Village of Dublin, Ohio ,1 / / {/ Dated: J~.Iu:'--u..-I2/)-<, /,1 , 1986 ,.1 Resolution No. 30-85 A RESOLUTION DECLARING IT NECESSARY TO IMPROVE AN EASEMENT OF THE VILLAGE BETWEEN CERTAIN TERMINI BY CONSTRUCTING A STORM SEWER AND ALL NECESSARY APPURTENANCES THERETO, AND DECLARING AN EMERGENCY. WHEREAS, the owners of one hundred percent of the lots and lands to be assessed for the improvement described in Section 1 have petitioned this Council for the improvement, whiCh petition has heretofore been approved by this Council; and WHEREAS, Council has previously authorized and requested the preparation of plans and spec if ications for the improvement described in Section 1; NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of Dublin, State of Ohio, 7 of the members concurring, that: Section l. It is declared necessary to improve an easement of the Village of Dublin, OhiO, along the property line of lots on the north side of Long Branch Drive and the south side of Ashworth Court from the westerly line of Lot No. 7-23 of the Waterford Village Subdivision to the easterly line of Lot No. 6-29 of that subdivision by constructing a storm sewer and all necessary appurtenances thereto. Section 2. The plans, specifications, profiles and estimate of cost of the improvement, prepared by Burgess & Niple Limited and now on file in the off ice of the Clerk of Council, are approved and made a part of this resolution. Section 3. The easement shall be improved in accordance With, and the grade thereof and of the improvement shall be the grade as shown on, the plans, specifications and profiles for the improvement. Section 4. This Council finds and determines that the improvement is conducive to the publiC health, convenience and welfare of this Village and the inhabitants thereof. This Council further finds and determines that the improvement has been petitioned for by the owners of lOO~ of the area to be assessed for the improvement. Section 5. The Village shall assume and pay as its portion of the cost of the improvement one-half of the entire cost of the improvement and the balance of the cost of the improvement shall be assessed in proportion to the benefits that may result from the improvement upon Lot Nos. 6-12, 6-13, 6-14, 6-28, 6-29, 7-20, 7-21, 7-22 and 7-23 in the Waterford Village Subdivision. The described lots and lands are determined to be specially benefited by the improvement. Section 6. 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 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 therefor any required real estate or interests therein, expenses of legal services including obtaining an approving legal opinion, 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 7. Burgess & Niple Limited is authorized and directed to prepare and file in the office of the Clerk of Council the estimated special assessments vi the cost of the improvement described in thiS resolution. Those estimated sp",-::ial asscs~>!Ill:W, s 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 8. The special assessments to be levied shall be paid in ten (10) 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 9. Bonds of the Village shall be issued in antiCipation of the collection of the speCial assessments in annual installments and in an amount equal to the total of the unpaid special assessments: notes of the village shall 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 herein provided, shall be paid by the issuance of bonds in the manner provided by law or from other funds available for this purpose. Section 10. 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 all legal requirements, including Section 121.22 of the ReVised Code. Section 11. This resolution be is declared to be an emergency measure necessary for the immediate preservation of the publiC peace, health, safety and welfare of the Village. and for the further reason that the immediate effectiveness of this resolution is required to provide for the construction of the improvement which is needed to eliminate existing hazards to the health and property of the residents of the Village: wherefore, thiS resolution shall be in full force and effect immediately upon its adoption. - Adopted the 18t~ay of November, 1985. Attest: ~~, 71-M#l~J lerlt of Cou cil I hereby certify that copies of this (V;~~~:.~.'R:;o"'''''~ were PQ3ted i~l the V:!i~~e oi [:<':.1 : ~ c: ::::iJIiCC: \"I'}I Section 731.25 of tl;2 0:.;0 R~,is:j C,,~~, . Village Engineer /,J ~~ Sponsor f/1 t?-.i ~.L? ~. CI rl\ of Council . .'- -, NOTICE TO PROPERTY OWNERS ' OF SPECIAL ASSESSMENTS TO: You are notified that on November 18, 1985, the Council of the Village of Dublin, State of OhiO, adopted Resolution No. 30-85 declaring it necessary to improve an easement of the Village of Dublin, Ohio, along the property line of lots on the north side of Long Branch Drive and the south side of Ashworth Court from the westerly line of Lot No. 7-23 of the Waterford Village Subdivision to the easterly line of Lot No. 6-29 of that subdivision by constructing a storm sewer and all necessary appurtenances thereto. The resolution approves the plans, SpeCifications, profiles and estimate of cost for the improvement, which were prepared by the engineering consultant to the Village, Burgess' Niple, Limited, and are now on file in the office of the Clerk of Council, and provides that the Village shall assume and pay as its portion of the cost of the improvement one-half of the entire cost of the improvement and the balance of the cost of the improvement shall be assessed in proportion to the benefits that may result from the improvement upon Lot Nos. 6-12, 6-13, 6-14, 6-28, 6-29, 7-20, 7-21, 7-22 and 7-23 in the Waterford Village Subdivision. The estimated speCial assessments for the improvement based on the estimate of cost are now on file in the office of the Clerk of Council and available for inspection by any interes~~3~~~. The estimated assessment for your lot is in the amount of $ it 7. Objections to the speCial assessments, or the amount or apportionment thereof, must be filed in writing in the office of the Clerk of Council within two weeks from the date of completion of service of this notice of the adoption of the resolution. By order of the Council of the Village of Dublin, Ohio. 7;,L01./kJ ~, ~ clerk of Council' '-I~;2 ~/ / 7 j<~ Village of Dublin, Ohio ./ tf REVISED ESTIMATE OF COST AND ONE-THIRD CERTIFICATE I certify that: 1- Based on the lowest and best bid received for improving an easement of the Village between certain termini by constructing a storm sewer and all necessary appurtenances thereto in accordance with Resolution No. 30- 85 adopted November 18, 1985, 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 $'z 3.<<ov, ~o. , 2. The portion of that cost allocated to the Village in accordance with Resolution No. 30-85 and Ordinance No. __-85 passed January 20, 1986 and to be paid from Village funds is $I( (,,()I) 30 . Accordingly the remaining $ II, (,CfD.::.o is to be assessed in accordance with Resolution No. 30-85. 3. The estimated cost for labor and materials on file in my office and referred to in Resolution No. 30-85 adopted by Council on November 18, 1985, was $ c{ C,., O?JO d:5"O . The lowest and best bid for labor and materials was in the aggregate amount of $ / 9, ~ O?J.I (,0. 4. The speCial assessments for the improvement will not in any case, 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 any property to be assessed for the improvement, including improvements thereon, as enhanced by the improvement. This certification is based upon the estimated speCial assessments preViously approved by the Council and the reVised estimate of cost of the improvement as stated above. 5. The easements for the improvement described in Resolution No. 30-85 have been obtained by the Village. Clerk of Council Village of Dublin, Ohio Dated: , 1986 ~,f!f~~0~ ~~., ~~d~ ..r~ (,1'/4.) 1'1'4.?'.P1'1' g)~, g)+u- PA~ek- Jf/~ 9~ ..r~ (,1'/4.) 1'1'4.?'.1.11' e~ etl.w /$$ ~ud PA~ J~ .#~e-: g-~ .A:- '?!/~, JK- '?J;bd ~~, ek- 4/11'/$ ~, .w'~ JI'~. ~-G'. November 21, 1985 Ms. Frances M. Urban Clerk of Council Village of Dublin, Ohio 6665 Coffman Road Dublin, Ohio 43017 Re: Water ford Village Storm Sewer Improvement Dear Fran: ~nclosed please find the plans and specifications relating to this improvement. I look forward to receiving a copy of the current rules of the Council. In addition, please forward a copy of Resolution No. 30-85 as adopted by Council and signed by you and the Mayor, together with minutes or an extract of minutes of the meeting of Council showing adoption of this resolution as an emergency measure. Thank you for your assistance. Very truly yours, Gregory W. Stype:ecj ~ enclosure OHIO DEPARTMENT OF DEVELOPMENT NOTICE OF INTENT Under Ohio Executive Order No. 84-64 IMPORTANT: Issuer must file two original DO NOT WRITE IN THIS SPACE signed copies. Read Executive Order 84-64 Date Received carefully. Because of the rules therein, Time Received the filing of a Notice of Intent too Confirmation No. soon or in too large an amount will Confirmation Date prejudice the bond issue under the Posted By Executive Order. To: Deputy Director By Mail: P.O. Box 1001 Div. of Economic Development Financing Columbus, Ohio 43216 Department of Development By Delivery: 23rd Floor, Room 2360 State Office Tower 30 E. Broad St. Columbus, Ohio 43215 This Notice of Intent is filed to obtain (check one): X Original Confirmation for issuance in 1985 First Renewal of Confirmation (Original Confirmation bears No. ) Subsequent Renewal of Confirmation (Prior Confirmations bear Nos. ) supplementary Confirmation (Original Confirmation bears No. ) original Confirmation for Carryforward Allocation Confirmation under 52(B) of the Executive Order for a Priority Project which is not a Carryforward Project original Confirmation under 53.07 of the Executive Order for bonds issued in a previous year (state facts on a separate page) The undersigned Issuer hereby gives notice of its intention to issue bonds or other obligations (-bonds.) described as follows: l. Proposed BbinciPal amount of bonds subject to the State Ceiling is $ 4,400,0 . If Supplementary Confirmation is requested, amount of requested increase in allocation is $ . 2. Date of ~~t16es1~0f. Ofiocdi~~ of Issuer relating to bonds: , an Clpa 3. If previously adopted, date of final resolution or ordinance of Issuer relating to bonds: 4. Anticipated date for delivery of and payment for bonds: On or about 5. Applicable IRC 5103 citation (check one): December 27, 1985 - (b) (4) ( ) [note one or more paragraphs] (b) (5) ;r:- (b) (6) - (e) - 6. rf bonds are to be issued under IRC 5103(b)(4)(C) or (D), will the facilities described in (C) or (D) be owned, for Federal tax purposes, by or on behalf of a governmental unit? 7. Is the project an addition to facilitiesNbreviously financed with bonds under IRC 5103(b)(4)(C) or (D)? 8. Description of Project: N::quisition, construction, improvaoont am equiPPing of an approximately 55,000 square foot, two-story office building, anticipated to be used as the headquarters of the Adria Laboratories Division of Er:b:mont, Inc. 9. Address of Project Location (Street Address, Municipality, County, Zip) : Ei tennan Road an::1 Post Road (No street address available) Village of Dublin, County of Union Dublin, Ohio 43017 10. Name, Address, Zip and Telephone Number of pr~t Owner: Erbanont, Inc. Attention: Be y Beck, Esq. c/o Adria Laboratories Division 5000 Post Road, Dublin, Ohio 43017 (614) 764-8100 II. Name, Address, Zip and Telephone Number of Issuer: Village of Dublin 6665 Coffman Road Dublin, Ohio 43017 (614) 889-2175 12. Name, AddressbaZiP and Telep~Number of Bond Counsel: Jones, y, ReaV1S & e 1900 Huntington Center AA~ Ohi<i 43215 (614) 466-3939 13. Return 1 ~tlon 0: Jones, Day, Reavis & Pogue; Attention: David C. Spialter, Esq. 14. Unless this Notice of Intent is filed to obtain a renewal or supple- mentary Confirmation as indicated above, the Issuer certifies that the Project and bonds to which this Notice of Intent relates are not subject in whole or in part to any Confirmation heretofore issued. 15. If Notice of Intent is for Carryforward Allocation for bonds to be issued after 1985 state the estimated years and amounts in which the bonds are expected to be issued: (NOTE: After receipt of Confirmation for Carryforward Allocation, the Issuer must file with the Director a copy of the election under IRC Sl03(n)(10) prior to the following January 15. 16. If the project involves an Urban Development Action Grant (UDAG), please attach statements required by 53.01 of Executive Order 84-64. Village of Dublin [Name of Is e ] By: (signature) Name: (printed) Title: Nayor Date: Decanber , 1985 CONFIRMATION Confirmation is hereby given that $ of the "State Ceiling" for 1985 under Executive Order 84-64 has been allocated to the above described bond issue. This Confirmation is numbered and dated as set forth on the first page hereof and is effective only in accordance with the terms of the Executive Order. This Confirmation will expire unless the prescribed Notice of Issuance if filed on or before . The aggregate amount of allocations of the State Ceiling for 1985 under the Executive Order (including this Confirmation) is $ , of which amount $ represents carryforward allocations under Section 6 of the Executive Order. The undersigned public official responsible for this Confirmation and allocation hereby certifies under penalty of perjury that the allocation was not made in consideration of any bribe, gift, gratuity or direct or indirect contribution to any political campaign. Director, Ohio Department of Development By Title '. . ~ .. JONES. DAY. REAVIS Be POGUE AUSTIN TELlEP"'ONl!: .,....e.383lJ . CLlEV.LAND THE HUNTINGTON CENTER CABLE: ATTORNeyS COLUMBUS DALLAS SUITE 1900 T.LlECOPIIlR, .'''.'''..'lJ8 LOS ANGIlLI!S WIIITI!II'S DIRECT NUMBER: WAS"'INGTON COl.UMBUS. OHIO 43215 November 29, 1985 469-3900 Classified Legal Ads Columbus Dispatch 34 South 3rd Street Columbus, Ohio 43216 Re: Erbamont, Inc.-- Adria Laboratories Dear Sir or Madam: Enclosed please find a notice of Public Hearing prepared on behalf of the Village of Dublin, Ohio. We would like the notice to run a single t~e on Sunday, December 1, 1985, and to receive a Publisher's Affidavit as to such publication on Monday, December 2, 1985 (we will have this picked up from you by messenger). Please call me at 469-3900 if you have any problems meeting this schedule. Thank you for your assistance. V]:fYO~S' David c. s~ Enclosure cc: Prances M. Urban, Clerk Gregory w. Stype, Esq. Douglas S. Morgan, Esq. LEGAL NOTICE .- NOTICE OF PUBLIC HEARING ON PROPOSED ISSUAl~CE OF INDUSTRIAL DEVELOPI1ENT REVENUE BONDS Interested parties shall please take notice that on December ~6, 1985, during the regular meeting of the Village Council of the Village of Dublin, Ohio, a public hearing on behalf of such Council will be held in the Council Chambers, located at 6665 Coffman Road, Dublin, Ohio 43017, commencing at 7:30 p.m., with respect to the proposed issuance of Industrial Development Revenue Bonds by the Village of Dublin, Ohio, in a principal amount not to exceed $4,400,000 to assist Erbamont, Inc. , a corporation, in financing the acquisition, construction, improvement and equipping of an approx~ately 55,000 square foot, two-story office building, to be located on Erbamont's existing property near the intersection of Post Road and Eiterman Road in Dublin, Ohio (the "project"). The building will be adjacent to the existing research facilities of the Adria Laboratories Division of Erbamont, Inc. , and is anticipated to be used as the headquarters of the Adria Laboratories Division. Subsequent to such hearing the Village Council of the Village of Dublin shall consider whether the issuance of such bonds shall be approved. Any person may appear at such hearing or deliver a written statement and express his/her views regarding the proposed issuance of bonds by the Village of Dublin to finance this project. Village Council Village of Dublin, Ohio Frances M. Urban, Clerk