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80-99 OrdinanceRECORD OF ORDINANCES Dayton Leal Blank Co. Form No 0043 80 -99 Ordinance No ................................................................... Passed .................................................................., ....................... An Ordinance Establishing a Cooperative Agreement With the State of Olio, Department of Transportation For the SR 161 Widening Project (Dale Drive to Sawmill Road) Amending Ordinances 34-92, 95-92 and 65-93 and Declaring an .Emergency WHEREAS, the City of Dublin has identified the need for and proposes the improvement of a portion of the public highway which is described as follows: Widening of Dublin-Granville Road (SR 161) to afour-lane divided facility from west of Dale Drive to Sawmill Road. Said portion of highway within the municipal corporation limits being hereinafter referred to as the improvement; and WHEREAS, the Director of Transportation further desires cooperation from the City of Dublin in the planning, design and construction of said improvement. NOW THEREFORE, be it ordained by the Council of the City of Dublin, State of Ohio, ~ of the elected members concurring: SECTION 1 (Cooperation) That said Director of Transportation hereby requests the cooperation of the City in the cost of the above-described improvements as follows: The City will assume and bear one hundred percent (100%) of the total cost of Preliminary Engineering. The City will assume and bear one hundred percent (100%) of the cost of right-of--way and construction less the amount of Federal and State funds set aside by the Duector of Transportation and the Federal Highway Administration. The City will assume and bear one hundred percent (100%) of the total cost of those features requested by the City which are not necessary for the improvement, as determined by the State and Federal Highway Administration. SECTION 2 (Consent) That it is declazed to be in the public interest that the consent of said City be and such consent is hereby given to the Director of Transportation to construct the above described improvement, in accordance with plans, specifications and estimates as approved by the Director. SECTION 3 (Authority to Sign) That the City Manager of said City, is hereby empowered and directed on behalf of the City to enter into agreements with the Director of Transportation necessary to complete the planning and construction of this improvement. SECTION 4 (Traffic Control Signals and Devices) That traffic control devices installed within the limits of the project will conform with Section 4511 of the Ohio Revised Code. SECTION 5 (Maintenance and Parking) That upon completion of said improvement, said City, will thereafter, for all portions for which it is responsible, keep said highway open to traffic at all times, and (a) Maintain the improvement in accordance with the provisions of statutes relating thereto and make ample financial and other provisions for such maintenance; and (b) Maintain the right-of--way and keep it free of obstructions in a manner satisfactory to the State of Ohio and hold said right-of--way inviolate for public highway purposes and permit no signs, posters, billboazds, roadside stands or other private installations within the right-of--way limits; and (c) Place and maintain all traffic control devices conforming to the Ohio Manual of Uniform 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 pazking in the following manner: prohibit parking in accordance with section 4511.66 of the Ohio Revised Code, unless otherwise controlled by local ordinance or resolution. RECORD OF ORDINANCES 80-99 Ordinance No ................................................................... Passed .................................................................., ..... Yr'r~.... SECTION 6 (Right-of--Way, Utility Reazrangement and Damage and Liability Responsibilities) (a) That all existing street and public way right-of-way within the City which is necessazy 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. (c) That azrangements have been or will be made with and agreements 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 cleaz 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 said City or the Department of Transportation. (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 the provisions of the Ohio Department of Transportation Utilities Manual 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 requested by the Department of Transportation Engineer. (e) That the construction, reconstruction, and/or rearrangement of both publicly and privately owned utilities, referred to in subsections (c and d) above, shall be done in such a manner as not to interfere unduly 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. (f) That the installation of all utility facilities on the right-of--way shall conform with the requirements of Title 23 CFR 645 Subpart B Utility Relocation and Adjustment and the Department of Transportations' Utilities Manual. (g) That the City hereby agrees to accept responsibility for any and all damages or claims for which it is legally liable azising from the negligence of its officers, employees or agents in the performance of the City's obligation 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. This ordinance is hereby declazed to be an emergency measure by reason of the need for expediting highway improvements to promote highway safety, and provided it receives the affirmative vote of two- thirds of the members elected to Council, 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 allowed by law. Passed this ~~ day of , 1999 _~~/~~~~ Mayor -Presiding Officer ATTEST: Clerk of Council 1 ~~teby certify that copies of this OrdinancelResolution were posted in City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. ~t> ~{ ~n Q ~,$.5~' CI of Council, Dublin, Ohio ******************************************************* CERTIFICATE OF COPY State of Ohio City of Dublin ss County of Franklin I, ~/~ {7 ~ ~ ~ ~Q f ~~. as Clerk of the City of Dublin, Ohio do hereby certify that the fore+~oin is a true and cor t cop of ordinance adopted by the legislative Authority of the said City on the __ L!~ day of , 1999, that the publications of such ordinance has been made id certif d of record according to law; that no proceedings looking to a referendum upon such ordinance have been taken• and that such ordinance and certificate of publication thereof are of record in Ordinance Record No. ~~ Page , IN W TNESS WHEREOF, ve hereto subscribed my name and affixed my official seal, the _ day of , 1999. (seal) ~~~~~'LYIi~ Clerk City of Dublin, Ohio. *************************************************** The foregoing is accepted as a basis for proceeding with the improvement herein described For the City of Dublin, Ohio. Attest: ~~- ~ ~~ Vv , Date ~ 9 °J Contt ctual Officer ~ l For the State of Ohio Attest: ,Date _ Director, Ohio Department of Transportation °`~`~ ~ OHIO DEPARTMENT OF TRANSPORTATION :sfh s~ DISTRICT 6, 4OO EAST WILLIAM ST., DELAWARE, Ox-o 43015 r or .p~'' 614-363-1251 FAx.614-369-1483 May 14, 1999 ..y , Mr. Balbir S. Kindra, P.E. N1~Y ~ ` ~a~ Dublin City Engineer ~ggg 5800 Shier Rings Road -, _ Dublin, OH 43016-7295 ~- --- "_~ ~. . RE: FRA-161-4.77 PID 11600 Preliminary Legislation Deaz Balbir: Enclosed is a copy of Ordinance 65-93 passed by Dublin City Council on July 19, 1993, for widening of SR-161 from Dale Drive to Sawmill Road. Under Section I of the legislation a portion of the last sentence was omitted when the legislation was retyped. Because the design of the project require items which are to be separated out in the summary sheets as "100% Dublin", it is important to have the beginning of the sentence, "The City will assume and beaz 100% of', inserted. I am requesting Ordinance 65-93 be repealed and the new enclosed legislation be approved by Council. After your review, please forward the new legislation to Council for the necessary action. When executed please return two signed and certified copies with original signatures to this office for further processing. The funding arrangements for the normal participation of the project are as follows: . PE: 100% Dublin ,.,~ RW: MORPC - $ 880,000. Dublin - RW costs exceeding $ 880,000 CO: MORPC - 80% of cost not to exceed a maximum of $5,720,000 ODOT District Six - 20% of cost if CO < $7,150,000 CO costs exceeding $5,720,000 if CO > $7,150,000 Normal project participation includes those items necessary for the construction of the project. Any items not necessary to build the project such as enhancements, frontage roads, pazking lots, landscaped medians, etc. will be 100% Dublin cost. If you have any questions, please call me at (740) 363-1251, ext. 659. Mr. Balbir S. Kindra, P.E. May 14, 1999 Page 2 Respectfully, Brenda J. ore, P.E. ,~,, Programming Engineer Attachment* c: B.J. Moore Legislation File* Project File* ,,, :... ; .l ~ --~~ D OF ORDINANCES ~ 3 RECOR Fo Nu :I ~:t Dayton Lepi 86nk Co. 65-93 Passed .- 19 Ordinunre Ncr. _ - - - ~~ AN O ESTABLISH A C pgRA~TIVE AGREEMENT 95-9Z WITg THE STATE OF OHIO, DEPARTME3JT OF TRANSPORTATION FOR THE SR 161 WI~DIDECLAR N6 ANDEMEROENCY TO SAWMILL ROAD) WHEREAS, the City ofrtioni of athedpublice highwayewhich is de cpribedtas improvement of a Po plusitransitions if needed,ito)includeea front gaeroadvif traqu ed land to include a bicycle path, said portion of highway within rovementicandl corporation limits being hereinafter referred to ae the imp WHEREAS, the City of Dublin further deedeai n panda construction of esaid of Transportation in the planning, q improvement, and; WHEREAS, Council believes that the cwithin the City ofoDubline roadway presents a real and present emergency NOW THEREFORE, 7 IT ORDAINED cf the elected membersCconcurringlin, State of Ohio, SECTION I (Cooperation) That the City of Dublin hereby requests the cooperation of the Director of Transportation in the cost of the above-described improvement (100t)lofathe totaltcost ofbPreliminary Engineeringr oThe City of Dublin will assume and bear one hundred percent (1001) of the cost of Righ~t~ o~ Way acquisition leas_the-amount of_Fede;aLfuade set as~S~~ of Transportation and the Federal Highway Administration. The otar cost of those features-requested-by the Cthe w State reandt Federal y Highway improvement, as determined by Administration. SECTION IZ (Consent) That it is declared to be in the public interest that the consent of the City of Dublin be and such consent ie hereby given to the Director of Transportation cifi at na and eetimateacasbapproved bye theiDirectorance with plans, spe SECTION III (Authority to sign) That the City Manager of the City of Dublin, ie hereby empowered and ofr Transport tion t teomplete thet planning gaud econatruction ofrethi• improvement. sarrZGN iV (Traffic Control Signals and Devices) rojeethwill conform with Sectione4511 0! the Ohio Revised Code a of the I P SECTION V (Maintenance and Parking) That upon completion of said improvement, said City, will responsible,fkeeplsaidrhighwayiopen toatrafficiatiallatimes, andch it is (a) Maintain the improvement in accordance with the provisions of statutes relating thereto and make ample financial and other 'provisions for such maintenance; and (b) Haintain the right-of-way and keep it free of obstructions in a manner satisfactory to the State of Ohio and hold said right-of-way inviolate for public highway purposes and permit no signs, posters, billboards, roadside stands or other private installations within the right-of-way limits; and (c) thecOhio Manual1ofaUn form iTrafficoCOntroleDevi ea ongthe 4511 llmand relatedpsectiona of the OhiooRevised CodeSaction (d) prohibited eon thiaieectionfoflDublin-GranvilleaRoadq(SR 161)e RECORD OF ORDINANCES t+ .~ ~, D~YIOn l,e~d 81~n1t Co. Form :lo. 9W 17 Urdinancc Nu. 65-93 Passed ... ..... . .... .19. SECTION VI (Righ Liab lity Responsibilities ement and Damage and (a) That all existing street and public way right-of-way within the City which is necaesary for the aforesaid improvement, shall be made available therefor. !. (b) ~~ That the City of Dublin will acquire any additional right-of- ~ way required for the construction of the aforesaid improvement. (e) That arrangements have been or will be made with and agreements obtained from all public utility companies whose lines or structures will be affected by the said Laprovament and said companies have agreed to make any and all necessary plant removals or rearrangements in ouch a manner as to be clear of any construction called for by the plane of said improvement and said companies have agreed to make such necessary rearrangements immediately after notification by said City or the Department of Transportation. (d) That it ie hereby agreed that the City shall at it^ own expense, make all rearrangements o! 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 the provisions of Directive H-P-508 inside or outside the corporate limits as may be necessary to conform to the said improvement and said rearrangements ^hall be done at such time as requested by the Department of Transportation Engineer. (e:) That the construction, reconstruction, and/or rearrangement of both publicly and privately owned utilities, referred to in subsections (c) and (d) above, shall be done in such a manner as not to interfere unduly with the operation of the contractor constructing the improvement and all backlillinq of trenches made necaesary by such utility rearrangements ^hall be performed in accordance with the provision of the Ohio Spec fications andr shat 1 ba subject to appro al by th~Statsl (f) That the installation of all utility facilities on the right- . of-way shall conform with the requirements of the Federal Highway Administration Policy 23-CFR-645A and the Department of Transportation's rules on Utility Accameodation. (q) That the City hereby agree^ 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 fcr any ell damages or claims for which it is legally liable arising from the negligence of its oftieare, employees or agents in the performance of the State's obligations made or agreed to in ^ections (a), (b), (c), (d), (e) and (f) hereinabove. SECTION VII This ordinance is hereby declared to be an emergency measure by reason o! the need for expediting highway improvements to promote highway safety, and provided it receives the affirmative votes of two- thirds of the members elected to Council, 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 allowed by law. Passed th day of , 1993 p yor - Presi~ Officer {, L~~'u _~°_~ Gerk of Counal. herby ceAify that ATTEST: foregoing is a tn~e copy of Ordina~ue/ResolotEon No. ~~_ duly odopted by .:re Co~nril of the Gty of Du61in, Ohio, on the ~~i1~.~ ~ /il rd,t' ..,r~li4.~ day of •'l,• ~-•- - , ~ 9 93 , Clerk of Council ,_ ~ _ Clerk of Coundl, Dublin. Ohio CS''1 Rev. 4/9/92 •Page 4 of• 4 ***,t,t************x*****x~*t******t*t,e***s,r************************s,r*,t CERTIFICATE OP COPY State of Ohio City of Dublin ss County of Franklin I, y ~ as Clerk of the City of Dublin, Ohio do hereby certify that the foregoing is a true and correct copy of ordinance adopted by the legislative Authority of the said City on the / 9~"•L, day of 19~, that the publications of such ordinance h be i made and certified of record according to law; that no proceedings looking to a referendum upon such ordinance have been takes; and that such ordinance and certificate of publication thereof are of record in Ordinance Record No. !J5- 43 Page ~r4 , IN iiITNBSS NHBRBOP, I have hereunto su scribed my name and affixed my official seal, this ~ 7~, day of ~~ 19~. ( s e e l ) ~~ Cd ~~~_~ Clerk _ City of Dublin, Ohio. **e*X***********,t*t*****t**~t**w*s!t*************ee*t*'******t*****st**** The aforegoing is accepted as a basis for proceeding Mith the improvement herein described. Por the City of Dublin, Ohio. Attest ' L ~~-eeui~.(/ Date? L7 9.~ Con ractual Off cer ^~-~ n+nNr,~~tt _ ~_:;:, or+io For the State of Ohio Attest :.1a7.Lo~ /~C... '7]~ Date g /O'93 Dire r, Ohio D artment of Transportation - Division of Engineering 5800 Shier-Rings Road • Dublin, Ohio 43016-1236 CITY OF DUBLIN one: - - ax: - - To: City Council From: Timothy C. Hansley, City Manager ~-y,,~ Initiated By: Balbir S. Kindra, Director of Engineering/City Engineer i=~S~ ~- Date: June 29, 1999 Re: SR 161 between Sawmill Road and Riverside Drive As you know, this project is scheduled for construction to begin in 2000. The Ohio Department of Transportation (ODOT) is currently acquiring the necessary rights-of-way and easements. ODOT has brought to my attention that critical language was inadvertently omitted from Section I of the Ordinance No. 65-93 agreement, which was previously approved by this Council on July 19, 1993. The attached letter of May 14, 1999 from ODOT describes the need for approval of a new agreement. Also attached is a letter of June 10, 1999 providing further clarification on the funding situation and an agreement for your approval. .; .,.,