Loading...
HomeMy WebLinkAbout002-96 Ordinance _______~__ ___. __ ",.___ .~_.~__m___~m~_._____..__ RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 . 02-96 Passedu___u_________________n_______________ _____19____n_ Ordmance No._________ __u_nun AN ORDINANCE AMENDING SECTION 955.01 AND REPEALING EXISTING SECTIONS 155.01 AND SECTIONS 955.01-.04 WITH RESPECT TO CEMETERIES AND ESTABLISHING A DUBLIN CEMETERIES GUIDEBOOK -. -- WHEREAS, The City of Dublin Cemetery Commission with the assistance of Staff, has prepared the Dublin Cemetery Guide Book to set forth the rules and regulations for the operation of Dublin cemeteries; and WHEREAS, Council finds that it is in the best interests of the citizens of Dublin that cemeteries be governed by the rules and regulations as adopted by the Dublin Cemetery Commission;and . ' , WHEREAS, for the convenience of the customer and staff, one reference should be adopted to govern cemetery operations; NOW TH~FORE BE IT ORDAINED, BY THE COUNCIL OF THE CITY OF DUBLIN, STATE OF OHIO, OF THE ELECTED MEMBERS CONCURRING THAT: Section 1. That Section 955.01 of the Codified Ordinances of the City of Dublin, Ohio, be amended to read as follows: 955.01 The Dublin Cemeteries Guidebook as promulgated by the Cemetery Commission is adopted to provide for the operation, management and protection of -. cemeteries in the City. - Section 2. That current Sections 155.01, 955.01, 955.02, 955.03, and 955.04 be and are hereby repealed. Section 3. That this ordinance shall go into effect on the earliest date permitted by law. ~. .sf ')\;;; Passed this S,fA df1:t d. nh~7' 1996. fJ iil MCl!1.! ~- it , ~ e _. /.: ! ATTEST: ;6J if r'" ~ {P _ (J~ II Clerk of Council -iG ....... <:-- .~ 1:: .$ e.::;s .ll.. !'S ~c::i ~~ ~.<- \:J f",-.M......,.'.I'''''';k'_~'-''"''...",.''''.~".....,~_''''.".,..,<._~''''''''''.;.~~.. ......, '~-,.'-~",.'.,,',,"~.,,~. .- " ....''''<..C'.;~'~_-.~,,~'~,."..''''''fr...;.;-,'''''0'i'''''',~,_,'''"'''',~'''''',..>':''...."--;:~";.~."-,,,-,,,,,,,,,,,,.,,,.",,,,-,,,,,,,,,^,,,,,,~...,--,-.,.'tt-"-"'_.~~_-~....-_,,,-..;w..__.~ ." <lI>_" ,~..<~..,~~~~~__~~_._m."_._.__._.__.,~~....~,._.~___._ . To: All Members of Dublin City Council From: Timothy C. Hansley, City Manager I ~ Initiated By: Dana L. McDaniel, Assistant Service Dir r R/11 Subject: Ordinance 02-96, Dublin Cemeteries Guidebook Date: January 4, 1995 The Dublin Cemetery Commission and Staff recommend the adoption of Ordinance 02- ..- 96, attached. Also, please find the review and recommendations by Legal Staff regarding this guidebook. All recommendations of Legal Staff have been incorporated into this guidebook. '.ik4' Dublin Cemetery Commission and Staff have jointly produced a guidebook entitled Dublin Cemeteries Guidebook (attached). This guidebook incorporates currently existing sections of the Codified Ordinances as well as a long history of experience with cemetery operations. The purpose of this guidebook is to provide one source incorporating all rules and regulations governing cemeteries and cemetery operations. This one source reference has been developed for the easy reference by customers and staff, as opposed to individual rule-making found disbursed within the Codified Ordinances. We, the Cemetery Commission and Staff, believe that this guidebook is thorough and much more convenient to reference. This Ordinance enables the Cemetery Commission to make changes to the Dublin Cemeteries Guidebook. We recognize that the organization of Boards, Commissions and Committees may be subject to change pending the passage of the proposed City Charter. This Ordinance can be revised if such changes occur. Questions may be addressed to Dana McDaniel at (work) 761-6570 or (home) 228-6502. Thank you. p'.-'~~'" ....'". C:\WP51\DOC\DANA\CEMRULES ..- -"..,...~~. . ....,^ ili..c .~. .'"",_.~_~"m..._~.>.."...__ ,.,._,~~__~_""._.""",,,_,,_.~ Dublin Cemeteries Guidebook . CITY OF DlllLIl\" Cemetery Office City of Dublin Service Complex 6351 Shier Rings Road Dublin, Ohio 43016-1243 Phone: (614)761-6570 Fax: (614)761-6512 ....- -,.-..._,.~ ...... -~._--~.^...,,,.,., DUBLIN CEMEl'ERIES GUIDEBOOK In order to maintain the orderliness and beauty of the cemetery in general, and to insure consistent, effective and efficient administration of the cemetery, reasonable policies or regulations must be established and followed. The authority for these rules and regulations is found in City Ordinance 02-96. These policies will be applied for the good of each and all lot/grave owners and are in no way meant to be arbitrary or to discriminate against any individual ."''WI lot/grave owner. This Guidebook and all rules and regulations contained herein shall be applicable to all cemeteries for which the City has responsibility. ..,.. I. Back2I'ound A Brief History 1. Dublin Cemetery. Established in 1816, the cemetery is located on the south side of Route 33 next to Dublin Community Church in Old Dublin. The cemetery was originally established and cared for by the Independent Order of Odd Fellows. The care of this cemetery was transferred to the Village of Dublin in 1975. Earlier stones were moved from Indian Run and other cemeteries. Deardorff Cemetery was moved here from Perry Township. Dublin Cemetery is in excellent condition and is still being used. ' 2. Indian Run Cemetery. The earliest stone dates to 1816. The cemetery was restored in 1975. It is located on the west side of Route 745 just south of Indian Run Creek and north of the Dublin library. Indian Run Cemetery is in excellent condition but most stones are missing. The cemetery is surrounded by a stone fence and is on the National Register of Historic Places. 3. Mt. Zion United Brethren Cemetery. The earliest stone dates back to 1850. Burials have not been performed there since 1874. The cemetery can be found northeast of Memorial Drive and Kinross Court. The condition of the cemetery is poor with few stones remaining. The property belongs to Muirfield Village Golf Course. ~",~.-.", 4. Sandy Comers Cemetery. The earliest stone dates back to 1846. It is located on the southeast comer of Avery and Rings Road next to the Lutheran Church. The '" decorative ironwork surrounding the cemetery was taken from the old Hayden Run Bridge. No burials have taken place here since before WWII. The stones have recently been reset. 5. Smith Cemetery -- currently being researched. B. Responsibility 1. The Cemetery Commission shall have those powers, duties and functions provided by the laws of Ohio to municipal corporations with respect to cemeteries owned or operated by municipalities, and such other powers, duties and functions as may be provided by ordinance or resolution of the Municipality, provided that the Council shall exercise and the Cemetery Commission shall not exercise powers pertaining to taxation, debt incurrence, and police power, and further provided such laws and ordinances and resolutions are consistent with this Charter. (Dublin City Charter, Article VII, 7.06) ...... .~i"","""",""""'-'.m~_ .."_,......,.-..<.......,'"""_~""""i"'""'i"~"~~.~..~ "..~.-'.M_~.=...~''"''''"''''..'''"''''~",>.,"...=C.->..."'''....~~~''''~"-,."""''''''..l--.""'^' 2. The day-to-day administration of the cemeteries shall be delegated to the appropriate City operating department/ division/individual as permitted by the City Charter. II. Cemetery Policies and Procedures A Memorials/Monuments 1. All graves are permitted to have monuments. Monument shall be of stone or durable metal not less than 0'8" or more than 3'6" in length. For ~ double monuments the maximum length shall be 6'0". For each additional contiguous grave being marked, an additional 2' in length may be added. The height of monuments will be restricted to twelve feet for gravelots and feet for individual/double graves. All /"'. monuments must have at least an 8" height above ground. 2. Foundations will be poured to a width and depth to insure stability of the monument. All Foundations will be poured by the City. 3. All memorials must be set by the firm ordering the foundation or their agent. 4. Charges for foundation installation will be billed at the rate at time of installation (See Section III). Charges for foundations must be paid within 30 days. No orders will be accepted for foundations where there is a "balance due" older than 30 days. 5. All orders received before Mav 1st will be DOured before Memorial Day. All orders received after May 1st mav be DOured later that vear. contingent upon: a. Weather conditions/inclement weather. ~"'I b. Settlement of the grave itself where monuments are placed on the grave. 6. Veteran Markers. Foundations for Veteran Markers ioii-:. will be at no charge. Veteran Markers are obtained through the Veteran's Administration. The survivor or the survivor's funeral home is responsible to acquire the Veteran Marker, the City has no responsibility to obtain Veteran markers. Upon receipt of marker, the City will install said marker in accordance with the City's fee structure (See Section III). Veteran Markers will be installed at the foot of the grave unless otherwise specified by the Survivor prior to receipt of said marker. B. Interments 1. All interments are made facing East. i.e. the head at the West end of the grave, foundations shall be DOured and monuments placed at the head of the llI'ave. If the survivor wishes otherwise, he must notify the City of his desire and reasons therefore. 2. Protocol for interment of a spouse shall require the male to be buried to the ..... -~-.~,." - ."-_.-,,.-~----_._-~.__.~.__.._..~~--~-._~~._..~-~---,.---.-.,..---..--.- right and female to the left. C. Gravelots and graves 1. Ownership - ownership of gravelots and graves shall be established at time of purchase by execution of a deed. The City may require the deed to be presented as proof of ownership at the time services are desired. Deeds should be transferred as needed for unused graves as a part of any estate. - 2. A grave will have only one vault per grave. A grave will have no more than two cremains vaults per grave. A grave will have no more than two infant vaults per grave lot. - 3. The owner of the deed shall advise the City of any special intentions as to monument placement and grave assignments prior to use. In the case of differences among survivors as to services, placement of monument(s), and future use of graves, the City shall execute the intentions of the following, in order: a. The deed owner. b. Executor of will. c. Holder of the Power of Attorney for the deed owner and/or deceased. d. In cases where the above are not present, court ruling/guidance, sole survivor, unanimity of survivors desires will be followed by the City. e. In cases where the desires of the survivor( s) are not clear, the City reserves the right to not provide services until desires are made clear/legal. D. Cremains 1. Vaults will be required for all interments of cremains. This is done in order to insure accurate location of the cremains at a later date, if necessary. ..... 2. Two cremains burials are permitted per grave site. .'" 3. Scattering of cremains shall not be permitted. E. Disinterments 1. Any disinterments shall be the responsibility of the party requesting the disinterment and are to be contracted through a private contractor at the requestor's expense. The City is to be notified prior to any disinterment(s) and such disinterment(s) shall be scheduled at the City's convenience and shall be supervised by the City. F. Aisle Ways In the original section of the cemetery, some aisle ways were sold as graves after the surrounding lots were completely sold and gravelots were filled. Aisle ways have not been sold as graves since 1982 and will not be sold as graves. They shall be maintained as access ways. ...... I ".,. .'Il.." IF.:,..-Y...llnL ....,... ~ "",. ""~, .:;,;;,;."....__"L~"'._~,~,~__.,~~.~.,; .~,.,~ -----" G. Comer Markers All comer markers placed after the effective date of these regulations shall be metal pins. H. Plantings and Decorations 1. The City recognizes the individual need to express feeling by decorating the grave of loved ones and to this end we encourage plantings on lots/graves (See II.G.3.). The following - are enforced only to prevent the abuse of this privilege and to assist the City in maintaining the cemetery in a proper manner. -":<!of a. All of the funeral flowers placed on a fresh grave immediately after an interment will be removed by City personnel anytime after five days. This is done in order to prevent the flowers and plastic containers from becoming an eyesore. 2. Lots/graves may have a planted bed of annual flowers, or cut flowers in sunken vases, or shrubs of dwarf variety at each end of a monument. Such shrubs must be approved by the City prior to planting. For the mutual protection of the lot/grave owners and the cemetery, an agreement must be signed by both BEFORE any shrubs can be planted. 3. The care and maintenance of all plantings are the responsibility of the lot/grave owner or the person doing the planting. Flower beds that become weedy will be removed by the City. Shrubs that have been planted for two (2) years or more without having been trimmed will be removed. 4. Seasonal and artificial decorations will be permitted to remain on the lots from November 1st until March 31st at which time they will be removed. 5. All decorations placed for Memorial Day in May will be removed at the time of the next grass mowing following Memorial Day. "'.....@ 6. ONLY the City of Dublin will plant or prune trees in the Dublin Cemetery. .. 7. Before any type of planting is done it must have approval from the City of Dublin. 8. The City will add topsoil after grave settlement and will seed only after grave settlement is complete. III. Chare:es and Fees A The City of Dublin has established a policy via a fee ordinance, for the purpose of recovering full costs of providing special services of a voluntary and limited nature, such that general fund taxes are not diverted from general services of a broad nature and thereby utilized to subsidize unfairly and inequitably such special services. Fees are generally competitive with both public and private cemeteries in the area. Cost recovery helps substantially reduce the burden of perpetual maintenance costs of the newer section(s) of the Dublin Cemetery or reduce, to a lesser degree, the overall perpetual maintenance of all cemeteries in Dublin through the establishment of a Perpetual Maintenance Endowment Fund. This Fund attempts to defray costs !lIIh "...~ . =,,"".-,.,,'___.'-_'.~.__~"~.b>-.'~"'-""'.' JAN- 4-96 THU 14:06 DUBLIN MAINT DIV FAX NO. 6147616512 P. 02 IV. Meth(-.dL9.f.r!l,y.om~! 1. 1110 City will accept cash, check, money order or credit card (Vi&&. and Master Card). 2. Payment for gravelotlgravc is due upon purchase. 3. lotermcnl f~.s ate paid to lite City by the Funeral Director at the time of burial. '" 4. FO\mu:ltion foes are invoiced to the monument company with payment due within 30 days, unlc~ oUlcrwise required by the City. ~ V.II~tidavs/Tiltelrnent Limitations A The f()l1uwing JloHdays will be ob6crved by the canetery and no interments will be couduclr.d Oil lllf.'SC days: New Ye~jr's Day M\\tlh>dt\t 001 July 4th r ,Rbo! Day '1'hanhgivin.g Day Cbri.')tmas B. The City re.I;el'ves the right to determine grave side rights due to weather. (Example ~ bliZ'Dlrd C(ln<1illoos) VI. Question., sl}d .lmi!v..{i[l 1. My father lived in Dublin, until 2 years ago when he moved to Florida. Is he a resident? Answer: No, he is !lot a resident unless he moved into a nursing facility in Florida. ~.. A resident is defined as a person livin& within the City of Dublin's c.orporatioo limits immediately prior or who resided within the Dublin corporation limits until they were admitted in a numiDg homelh05pital. ...... 2. (".an I pay CC\':S by credit cftfd1 AJlswer: Yes, we accept Visa and Masler Card. 3. Can I pl~y (ll) tllC itmtalhuellt plan? Answer: Gene.rally, we tey to discourage this, however, when there is a demonstrated need we will permit this. However. if there is a cle:tth the fee for the &Rve and the interment fee must be paid in full before the interment Instal1m.ent plans apply only to 101 .... for the perpetual period beyond the point at which all lots are sold Fees are reviewed and established annually by City Council via a fee ordinance and are not subject to "grandfathering". B. Definitions: 1. Resident - a citizen living within the corporation limits of the City of Dublin immediately prior to death. A Dublin resident who is re-locating for retirement must purchase grave sites before departure in order to qualify for the Dublin residential rate. A prior resident, - such as this, will be charged the non-resident rate for interment. All Dublin residential rates will apply to those citizens who resided in the Dublin corporation limits until they were admitted in a nursing home/hospital where they resided immediately prior to death. ~'. 2. Non-resident - person not living within the City of Dublin corporation limits immediately prior to death. 3. Baby - stillborn to one year old infants. 4. Gravelot - A grouping of eight (8) or more graves. 5. Grave - An individual grave site. The intention of a grave site is to accommodate one adult burial. C. Fees Service # Service DeptJDiv Fee Effective Responsible Date S-115 Cemetery Maintenance $200 one time 3-16-95 Maintenance up-front fee S-116 Cemetery Lot Maintenance $500 resident 3-16-95 lHJ"!'~"" Sale $1,000 non- resident $130 Infant *"'...i S-117 Interment Maintenance $200 resident 3-16-95 Service $650 non- resident $130 infant S-118 Monument Maintenance $380 resident 3-16-95 Foundation $500 non- Service resident (for infants-see resident or non- resident fee) S-119 Veteran's Maintenance no charge 3-16-95 Marker Service """" -_.-_.~,~._~~;.._..,-."="""---;.,,,..,,,,-~-,-,,,-,,,,,-,,--,",,-~~.~~~. ...._.....'.h_.__="".......~'='<'-_c.,_""'-___..>,. ."--~~~ , " ~ i '..~..._.___o..., . . , purchases. 4. How can I sell or transfer a grave site(s)? Must I let the City of Dublin know about the sale? Answer: The City does not purchase graves back from individuals. Individuals wishing to sell their lots may do so using whatever means they need (e.g., - word of mouth, classified ads). Once a deal has been negotiated between the seller and the purchaser the seller needs to notify the Cemetery office of sale and provide the office with the name of the purchaser, the ~)iN purchaser's address (street, city, county, state, zip), the purchaser's phone number, and the effective date of the sale so that a deed of transfer can be prepared for the new owner (this service is provided free of charge). 5. I understand that I must get written permission before I plant any shrubs, how do I get permission? Answer: Place your request in writing in the form of the letter. In the letter state what type(s) of shrubs you plan to plant and where you plan to plant them. The Cemetery office will respond back in writing to either grant or deny your request. All shrubs planted must be of the dwarf variety and must be planted close to the headstone. The Cemetery staff will not be responsible for watering or maintaining the shrubs. If the shrubs become a nuisance or a hazard they will be removed or trimmed by Cemetery staff. 6. Why is it not possible to plant trees on my grave site? Answer: There are ,a number of reasons for this. First, the roots spread out an infringe on surrounding lots. Second, the roots cause significant damage ...- to graves -- roots can actually grow into, around and under vaults causing the vaults to shift or rise. Third, when a grave has to be dug it can mean digging through the roots which can kill the tree. Finally, when trees ..' . reach a certain size they can totally obstruct a grave which means either the grave can not be used or the tree has to be removed prior to using the grave. 7. Who do I contact if I have any questions or suggestions for improving the cemetery? Answer: Usually, the first place to start is with the Cemetery office. The office staff is well trained and can usually answer any questions or requests for service. If the staff is unable to assist you with your request they may refer the request to the Cemetery Commission. If you are still unsatisfied with the response to your request you may then take your request to City Council. Cemetery Commission meetings and City Council meetings are open to the public and citizens are 'encouraged to attend the meetings. Cemetery Commission members and City Council members may also be -- ~~,,".~..~~ ~=~,.~....." . -'~~~~"'"'''''''=-- ~ .., ~> --I _~_.'..":'<...,_ ".,._.. .,., ,,_ ,_,_..__.....~_k.~~~=-=.~~.." . , contacted by phone or by letter. To obtain their phone numbers and addresses contact the Cemetery Office. 8. How is the fee structure determined? Answer: Council generally requests recommendations from the Cemetery Commission as to fee structure. The Cemetery Commission requests ~" specific information. After staff has compiled the information requested the Commission will review the information and then formulate a fee structure which it feels will best meet the needs. This suggested fee '" structure is then submitted to Council. At this point the Council usually refers the fee structure to the Finance Committee for review. After the Finance Committee reviews the structure it submits its recommendations to Council. Council then decides whether to adopt the fee structure as submitted, change the fee structure and adopt it, or to deny the fee structure. The fee structure is adopted by ordinance and goes through three readings before Council action is taken. Once the Ordinance is adopted by Council there is a 30 day waiting period before the Ordinance becomes effective. 9. If the original purchaser of a lot is deceased can I use the remaining graves on the lot? Answer: Only the owner of the lot can determine who can use the graves on the lot. If the purchaser of the lot is deceased ownership must first be established before the lot can be used. The best way to determine ownership is for the original purchaser to have transferred ownership of any unused graves prior to his/her death. If the ownership was not transferred a Will stating the ownership of the lot is to be transferred to a specific individual is acceptable. If the lot has not been transferred and a Will is not available ...... presentation of the original deed can be used to show that the purchaser had passed the deed on to the person they wanted to have the lots. If none of these options are available the final option is to have a letter prepared .. which states who is to have ownership of the lot and this letter must be signed by all surviving heirs of the original purchaser and the signatures must be notarized. It is important to remember that a cemetery lot is the same as any other piece of property and does need to be transferred as part of an estate. 10. Is the Dublin Cemetery the only cemetery in Dublin? Answer: No, there are actually four cemeteries in Dublin: Mt. Zion Cemetery, Indian Run Cemetery, Sandy Comers Cemetery, and Dublin Cemetery. However, the first three cemeteries are historic cemeteries with only the Dublin Cemetery being and "active" cemetery (i.e., burials are still conducted). ...... io.~~.""",~~.....__,,~.~~"" "".__. ._,.__.._,",-,-_ ~ " . ,~ ... ... .';-.~..<".,._, _~,,,,_~,,~j..w,,,,,,"-.._..__C._'_'.~~,, ,....M . CS-I Rev, ,);'9/91 Page I of4 NAME OF STREET: ORDINANCE NO.: //- 1t ROuTE NO.: Interstate 270 DATE: All emergence ordimmce enacted by the City of Dublin, Franklin COWlty, Ohio, in the: matkr of the hereinafter described improvement and to requ~st cooperation by th~ Director oCTransportation. ~.... WHEREAS, the State has identified the need for and proposes the improvement of a portion of the public highway which is described as follows: We, This proje:ct proposes to rebabilit~lte the existing bridge over the ~ortlt Fork of Indi;"Ul Run by installing pressure rebfjoints and repbcing deteriorated bad.:walls. said portion of highway \vithin the munic.:ip:.d c.:orporJtion limits being her:::in:ltler referred to as the improvement, and \\1{ERE~S, the Director ofTransportation further desires coope:ration from the City of Dublin in the planning, design and construction of said impro\'eme:nt. NO'IVTIIEREFORE, Be it ordained by the Council of the City of Dublin, Ohio: SECTION l. (Cooperation) That said Director ofTranspor~tipn hereby requests the cooperation oCthe City in Ule cost of the above described i111pro\'ement as follows: Consent is hereby giycn by thc City for the above impro\'em;;nt and th~ City ftlrth;::r agrees to asswne and bear on~ hundred perc.:ent (100%) of the total cost ofthose teatmes r:::quesred by the City which are not necessary for the improvement, as dctennincd by the State and the Federal Highway Administr:Jtion SECTION II, (Consent) That it is declan~d to be in Ul~ public interest that the consent or ';~lid City bc and such consent is ~_..,.~ hereby given to the Director of Transportation to construct the 2bove describ.:d impro\'::lllcnt~ in accordanc:: \\~Ul plans, specifications and estimates as appro....ed by the Director. SECTION Ill, (Authority to sign) lllat Ule City Manager of said City, is h~r<:by empowered ilnd directed on behalf of the City to enter into agreements \,,;th the Director ofTr:lilsportation necessary to complete Ule planning and construction of this impro....ement. S ECTI Ol'l IV, (Traflic Control Sign:tl:; :1lld Devices I That traflic control devises instalbl within rh;; limits orthe project will contlmn with Section /151 I of the Ohio Revi:;;;d Code. ~,...-.. ,..O.~'=='~ ~". ~"'i.a.'.""'...._ CS-I Rc:v. 4/9/92 Page 2 of4 SECTION V, Uvluinteno.nce !lad Purking) 111at upon completion of said improvc:rnc:nt, said City, will there.ltl:::r, t\:'lr all portions tor which it is responsible. keep said highway open to traffic at all times, and ,,,.,,,... (a) Maintcin the impro....ement in accordance witil the provisions of statutes relating ...,.., tilereto and make anI pIe financial and other provisions for sllch mamknance; and (b) ~vlaintai.Jl tilc right-ot:\vay and keep it free of obstructions in a mann:::r satistactoIY to the State of Ohio and hold said right-of-way imiolate for public highv,;ay purposes o.nd permit no signs, posters, biUbourds, roadside stands or other private instnllations \\-ithin tile right-or-way limits; and " (c) Place o.nd maintain all traffic control devices confoffiling to the Ohio iv/anual of Uniform Traffic Control De\'iccs on til::: improvement in compliance with tile pro\;sions of Section 4511.11 and rdated sections of the Ohio Revised Cock. (d) Regulate parking in the foUo\\.ing manner: prohibit parking in accordance \\-ith s:::crion -1511.66 of tho:: Ohio Rc\'iso::d Code. unless otherwise controlled by local ordinLlflce or resolution. SECTION 'VI, (Right-of-\V:lY, Utility Rearrangement and Damlge and Lability Rcsponsibilitiesl \!I'l". _..-.,~ (a) 1l1at all existing street and public way right-of-way \\itilin Ule City which is necessary for Ule aforesaid improvemcnt, shall be made available therdor. D;i (b) That the State will acquire any additional right-of-wJY re'1uircd for tl1~ construction of the aforesaid improvem:::nt. (c) That arr.1J1gements have been or ..\ill be made \\-itll arlct agreements obtained frOlll all public utility companies \v1105e lines or strllctun:s will be an~cted by the said improvement and said companies h;1vc agreed to make arlY and all necessary plant removals or r<:arrangcment5 in 511dl a m.mn::r as to be clear or any l:Ollstruction called fUf by Ute phms of SJid i.rTljJroverncnt and said com panics have agreed to make such necessary rearrangcments imlllcdiat:.:[y aller notitication by said City or the DcpartnH.:nl ofTran:<porlation. H' _,"_,,".__.___,_~_,. ____~__.__._ _ ,""."..___,,~__,~~~__,,_~_~,.,"O'~~_._____'.__"_~ n~~~~._~._",.__,._~.._=._."n___=__e~.w'.'._.._ _.,.~ n" _. ___~ uu. .___.___.""~__~_~__~_~_"~~~..<~~.".""__..~~.~~"._~~._~~~_~_.'~..__~_,~.~~~_.._'""__,,~_._ OF , CS-l Rev. 419192 Page 3 01'4 (d) TIlat it is hereby agreed that the City shall at its owe e:-,:pense, make all rearrangements of water mains, service lines, fire hydrants, valve boxes. sanitary sewers or other Inunicipally OV.11~d utilities ~~d/ar J1lj' ~pptLrten~~Ce$ th~reto) 1,t:hj~h dG not :;crnp!y wiUl the provisions of Directive H-P-50S inside or outside the corporate limits as may be necessary to conform to the said improvement and said rearrangements shall be done at such tune as requested by the Department of Transportation Engineer. - (e) 11lnt the construction, reconstruction, and/or rearrangement of both publicly and .', privately owned utilities, refwed to in subsections (c) and (d) above, shall be done in such a manner as not to intert~re lUlduly with the operation of the contractor constructing the improvement and all backfilling 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. (0 TIlat the installation of all utility facilities on the right-ot:way shall confonn with the requirements of the Federal Highway Administration Policy 23-CFR-045A and the Department of Transportation 's rules on Utility Accommodation. (g) TIlat the City hereby agrees to accept responsibility for any and all damaged or claims for which it is legally liable arising from the negligence of its otlicers, employees or agents in the performance of the City's obligation made or agreed to in sections (a), (b), (c), (d), (e) and ([) hereinabove Likewise, TIle St:Jt<:: agr<::es to accept r<::sponsibility for any and all damages or claims tor which it is legally bble arising from the negligence of its otlicers, employees or ag<::nrs in the performance of the State's Obligations made or agreed to ill sections (a), (b), (c), lei), (e) and (I) hereirlJbm'c. TIlli ordinance is hereby declared to be an emergency meJSlIre by reJson 0 t'the need for expecl.iting highway improvements to promote highway safety, and pro"ided it receives the affirmative vote of hvo-thirds of the members elected to Council, it shall take effect and be in terce immediately upon its .....-,.~ passage and approval by the mayor~ otherwi$e, it shall take etTect and be in force from and after the earliest peliod allowed by law. passed..lt( ~ t-/ ,19~ {\ttcSI:~ (} ~ ~ Clerk Attest: ---- Presic!::;nt of Council !lIP.,.,...." ,." ,._.__ '"'"'~ ,~.~.._m_,~~_ .,_.,,,. ~-'~__..... ""."'_._"'~"-"'_.'."-"-~ " _.~..._"'" I ,,'" . CS-I Rev. 4/9/92 Page 4 0 f 4 ***.~***.**...~*********.****.*~~*...*.***.*.****.....*...~.~..*.**... CERTlFICATE OF COpy ,JI!!lIPM!'III State of Ohio City of Dublin ss .... County of Pickaway I, ~~ , as Clerk of the City of Dublin, Ohio, do hereby certity that the fOregOin~a true and correct copy of ordinance adopkd by the legislative Authority ofLl-te Said City on the 4 day of M a rvt-.. , 19~, that the publications of such ordinance has been made and certified ofrecord according to law; that no proceedings looking to a referendum upon such ordin41}Ce have been l1~n; and that such ordinance and certificate of publication thereof are of record 1Il Ordinance Record No. / CJ & ' Page , IN \VITNESS ~1fEREOF, I have hereunto subscribed my !lame and affixed my official seal, this ,.,. '" day of-L11~ , 19%, (seal) ~ CL()~ Ckrk City of Dublin, Ohio .......****..****...**....**...**.**........*****.....................* - The foregoing is accepted as a basis for proceeding with the improvement herein described. - For the City of Dublin, Ohio. r\ttcst:~~~ . Date~/I.t / q t ,\tt"t~ For the Stat<.: of Ohio , Date 3 ~clf)C;& fTr;lIlsportation - , " . II OHIO DEPARTMENT OF TRANSPORTATION 1i1 . . ~ {! CENTRAL OFFICE, 25 S. FRONT STREET, P.O. Box 899, COLUMBUS, OHIO 43216-0899 ~ ~~OF FI ...... ...... April 24, 1996 Ann C. Clark, Clerk City Hall 6665 Coffman Road Dublin, Ohio 43017-1006 Re: Franklin County Interstate Route No. 270 - Section 29.338 Ordinance No. 11-96 passed March 4, 1996 PID No. 15789 Dear Ms. Clark: Please find enclosed one copy of the executed Ordinance of the City of Dublin, Ohio, proposing to cooperate with the Director of Transportation and agreeing to maintenance in connection with the above referenced project. The Director has entered said legislation on his journal, volume 81, page 4 and under date of March 20, 1996. ...... $IIY R ..... . hn A R~ ~dmi~ator Office of Project Coordination JAR:lh c: District Noo 6 Project File D. E. Seasly File If you have any questions, contact Lana Houston at 1-614-466-31650 - An Equal opportunity Employer ,. "...,~~--...~-~.~"'_.~. -..,.-"-.."",,,. ~~ ~ ...~ - I -_,#+.j~ ",_.~,.,,,,.,,c-~.....,.."_~,..;,<<,,,,___"""',;_ ~ {/~I J / CS-I Rev. -4,'9192 Page I of 4 /4 -7 -j~, el{ ,/~L>/ NA,\IE OF STREET: ORDINANCE NO.: //- '1i ROuTE NO.: Interstate 170 DATE: An emergence ordimmce enacted by the City of Dublin, Franklin COWlty, Oh.io, in the: matkr of iIIIf"'!""'" the: hereinafter described improvemc:nt and to requ~st cooperation by th~ Director of Transportation. WHEREAS, the State has identified the need for a.nd proposes the improvement ofa portion of .....d the public highway which is described as follows: This proje:ct proposes to rehabilitilte the c.\i5ting bridgc ovcr the ,,;ortlt Fork of Indi;'ln Run by installing pressure: releif joints and re:pbcing d~terior~ltt::d bachvulls. 5aid portion ofh.ighway v:ithin tlle ffiun.icip.lI corporation limits being herel!1J.t1er ret~rred to as the lmprovement, and WHERE~S, the Director of Transportat.ion further de:sires coope:ration from the City of Dublin in tllC planning. design and construction of said improveme:nt. NOW TIIEREFORE, Be it ordained by the Council of the City of Dublin, Ohio: SECTION L (Cooperation) That said Director ofTrallsporlatipn hereby requests tile cooperation oCtile City in tile cost of the above described impro\'cment as follows: Consent is hereby given by the City for the above imprO\'emcnt and the City furth:.:r agrc;::s to Jsswne and b;::ar Oll~ hundred percent (100'%) of the total cost of Ulose features requcst.::d by the City' \vhich are not necessary for th~ Improv~ment, as dctcnnincd by th~ Stale: and tlle F~d~ral Highway Administration '........ SECTION II, (Cons~nt) ~.;.4 That it is d~clarcd to be in the public intc:re5t that the conscnt of said City be and such conscnt IS hcreby given to the Director of Transportation to construct tilC above descnbed irnprovc:rnel\t, in accordance witil plans, specifical.ions and estimates as approved by th~ Director. SECTION III, (Authority to sign) 1'1lat the City ~\'L1llagcr of said City, is hcrcby empO\vcred and dir:::cted on behalf of thc City to enter into agreements \vith the Director ofTr;lllsportation necessary to complete U1C planning and construction of tilis improvemcnt. SECTIO;,-/IV, (Trat1ic Control Sign:ds :llld Devlccsl That traffic control devises instalkcl witllin rhe limits of tile project \';ill cOllti.mTI with Section /1511 of the Ohio Revised Code. ,..,,-