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
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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.
.; .,.,