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HomeMy WebLinkAbout148-01 Ordinance , . _ J -~e:rrvwnrww.rrarm~rr~rr RECORD OF ORDINANCES Dayton Legal Blank, Ina Form No. 30043 Ordinance No. 148-01 Passed ~ 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ROCKFORD HOMES FOR REIMBURSEMENT OF SANITARY SEWER OVERSIZING COSTS, AND APPROPRIATING FUNDS THERFOR. r i.... WHEREAS, a 10-inch sanitary sewer is necessary to serve "framer's Crossing", which is being developed by Rockford Homes Incorporated, within the City of Dublin; and WHEREAS, in order to provide for the future development of the City of Dublin, it is the City's desire that this sanitary sewer be sized to a 21-inch diameter; and WHEREAS, Rockford Homes is willing to oversize the sanitary sewer line to a 21- inch diameter in consideration of reimbursement by the City of Dublin; and, WHEREAS, the Final Development Plan (00-103FDP) for "framer's Crossing" outlines that the City of Dublin will reimburse the Applicant for such oversizing; and WHEREAS, it is necessary to amend the annual appropriations measure to provide funding authorization to fulfill this agreement with Rockford Homes. NOW, THEREFORE, BE IT ORDAINED by the Council of the- City of Dublin, State of Ohio, ~ of the elected members concurring: Section 1. That the City Manager is hereby authorized to execute the attached Sanitary Sewer Reimbursement Agreement with Rockford Homes, Inc. Section 2. That there be appropriated from the unappropriated balance in the Sewer Fund the amount of $74,788.32 to account 620-03-12-730-2563 for the reimbursement to Rockford Homes for sanitary sewer oversizing costs. Section 3. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed this _ day of , 2002 Mayor -Presiding Officer Attest: Clerk of Council ! hereby testify that copies of this Ardinance/Resolution were poslyd in the City of Dubtin in accordance wit4~ Section 731.25 of the E3hio Revised Co e, . ~6~r~ ~~C{ r of Council, Dublin, Ohio CITY OF DUBLIN M e m o Office of the City Manager To: Members of Dublin City Council r.~. From: Timothy C. Hansley, City Manager ~ ~~.~u1 Subject: Sanitary Sewer Oversize Reimbursement - Cramer's Crossing/Rockford Homes Initiated by: Michelle L. Crandall, Management Assistant Date: December 4, 2001 Attached please find an agreement between Rockford Homes and the City of Dublin for reimbursement of expenses to Rockford for the oversizing of sanitary sewer lines installed as part of the Cramer's Crossing development project. The City requested this oversizing in order to increase capacity for future development in this area. Language was contained in the final development plan (00-103FDP) stating that the applicant would be reimbursed by the City for such oversizing. This project is now complete and final costs for the oversizing of these lines have been received from Rockford Homes. The total cost associated with increasing the size of the sanitary sewer lines from a 10-inch diameter to a 21-inch diameter is $113,443.93. This is not the total cost of the project, but only the additional expense related to increasing the line size. To maintain consistency with similar reimbursements the City has committed to in the past for water line oversizing, the City would reimburse 110% of the cost to oversize the lines. Therefore, the total amount the City of Dublin would reimburse to Rockford Homes would be $124,788.32 (110% of $113,443.93). In the 2002 Operating Budget an annual allocation of $50,000 was included for sanitary sewer oversizing. Staff is requesting that an additional $74,788.32 be appropriated to cover the total cost. Staff will be preparing for Council's review and approval language to be incorporated into the City's Code that would establish criteria for sanitary sewer line oversizing and reimbursement. Currently such language does exist for water line oversizing. If you should have any questions related to the issues discussed in this memorandum, please contact Michelle Crandall. SANITARY SEWER REIMBURSEMENT AGREEMENT This Agreement, made and entered into this day of , 2002 by and among the City of Dublin, Ohio, an Ohio municipal corporation (hereinafter referred to as "Dublin") and Rockford Homes, Inc., an Ohio corporation (hereinafter referred to as "Developer"). i RECITALS I. Developer owns and intends to develop certain tracts of land totaling approximately fifty-five (55) acres situated in the City of Dublin, Franklin County, Ohio and located northwest of Avery Road and Rings Road, to be known as Cramer's Crossing (the "Development Tract"). II. In order to provide for the future development of the City of Dublin, Dublin requests that the sanitary sewer line installed by Developer relevant to the Development Tract be 21 inches in nominal diameter (rather than 10 inches which would be adequate to serve the Development Tract), and that such 21-inch sewer be installed at a depth which exceeds the depth which would normally be required to serve the Development Tract only. III. Developer is willing to oversize and lower the Development Tract's main sanitary sewer trunk line in consideration of partial reimbursement by Dublin. IV. Dublin shall pay 110 percent of the difference in the cost of the material and labor to install pipe, manholes and other appurtenances, between the installation of a 21-inch sanitary sewer line with a lower depth and a 10- inch sanitary sewer line with the depth to only serve the Development Tract (the "Over-sizing Costs"). V. Dublin has agreed, subject to the provisions of this Agreement, to provide for reimbursement of 110 percent of the Over-sizing Costs. IT IS THEREBY AGREED: Section 1. Sanitary Sewer Line. Developer shall cause to be done such engineering and construction work as shall be necessary in order to design and construct the 21-inch sanitary sewer line along the route designated on Exhibit "A" (the "Sanitary Sewer Line"). The plans and specifications for the Sanitary Sewer Line shall be prepared by a professional engineer registered in the State of Ohio for review and approval of the Dublin City Engineer and City of Columbus. The Developer shall cause to be prepared and provided to Dublin a cost comparison identifying the cost difference between the material and labor to install the pipe, manholes and other appurtenances for the 21-inch Sanitary Sewer Line and a 10-inch Sanitary Sewer Line to serve the Development Tract only. Section 2. Dublin City Engineer Review of Costs. Upon completion of the Sanitary Sewer Line construction, Developer shall submit to the Dublin City Engineer the exact and final. costs supported by appropriate invoices or receipts (the "Sanitary Sewer Line Costs") of said construction. So long as the above are supported by appropriate invoices or receipts, the final Sanitary Sewer Line costs shall be approved. Further, upon completion and acceptance of the Sanitary Sewer Line construction, as provided for in Section 3, below, Developer shall convey to Dublin title to the Sanitary Sewer Line and shall grant to Dublin mutually agreeable easements (the "Sanitary Sewer Line Easements") for ingress and egress to and from the Sanitary Sewer Line and for repair, maintenance and replacement thereof, as may be necessary; provided, however, the repair, maintenance and replacement thereof shall be accomplished exclusively within said easements. If any additional easements are needed it is the Developer's responsibility to obtain them at the Developer's sole cost as shown on the plans approved by the Dublin City Engineer. Pursuant thereto, Dublin hereby grants permission to Developer and/or its contractors, subcontractors or agents to lay and construct the Sanitary Sewer Line under any paved or improved surface, all in accordance with the plans and specifications approved by the Dublin City Engineer. Where use of the public right-of-way is required, Developer shall obtain the necessary right-of-way permit from the Dublin City Engineer. Section 3. Acceptance of Sanitary Sewer Line. Acceptance by the Dublin City Engineer that the Sanitary Sewer Line has been constructed in accordance with the approved plans and specifications shall constitute approval of the Sanitary Sewer Line construction by Dublin. After Sanitary Sewer Line Acceptance, Developer shall have no liability or responsibility as to repair, maintenance, replacement or operation of the Sanitary Sewer Line except that Developer shall cause repairs to be made to the same necessitated by defects in the original construction which appear within one year following the date of the Sanitary Sewer Line Acceptance. Developer's obligation to make repairs shall be secured by a maintenance bond or letter of credit acceptable to Dublin, in an amount equal to 10 percent of the total cost of constructing the Sanitary Sewer Line. Section 4. Payment of Over-sizing Costs. Upon acceptance of the Sanitary Sewer Line construction and within thirty (30) days of certification of costs to the Dublin City Engineer, Dublin shall pay to Developer 110 percent of the Sanitary Sewer Line Over-sizing Costs. Section 5. Miscellaneous. 6.1 During the period of construction of the Sanitary Sewer Line and for a period of one year after acceptance thereof by Dublin, Dublin may, during normal business hours and through its duly authorized agents, attorneys or accountants, examine the books and records of Developer and its agents pertaining to the costs incurred by Developer for the Sanitary Sewer Line. 6.2 Developer shall cause its agents and its contractors and subcontractors engaged in construction of the Sanitary Sewer Line to comply with Worker's Compensation Law of the State of Ohio and shall indemnify and hold Dublin harmless from any and all claims, demands, actions or liabilities arising out of personal injury, death or property damage resulting from construction work performed or caused to be performed by Developer under this Agreement not attributable to the negligence of Dublin. Rockford Homes, Inc., an City of Dublin, an Ohio Ohio Corporation Municipal Corporation By: By: Donald R. 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