HomeMy WebLinkAbout48-00 Ordinance _
RECORD OF ORDINANCES
Dayton Legal Blank Co Form No. 30043
Ordinance No ..........................48,0.0........................ Passed
AN ORDINANCE AUTHORIZING THE PURCHASE OF AN 1.64 ACRE, MORE
OR LESS, TRACT OF LAND, FROM WILLIS A. HERDMAN, III, ELIZABETH A.
HERDMAN, TRUSTEE OF THE ELISABETH A. HERDMAN INTER VIVOS
TRUST, DONNA M. HERDMAN, TRUSTEE OF THE DAVID AND DONNA
~ HERDMAN TRUST, AND ROBERT S. HERDMAN AND DOROTHY I.
HERDMAN, TRUSTEE OF THE ROBERT S. HERDMAN FAMILY TRUST,
LOCATED WEST OF RIVERSIDE DRIVE AND SOUTH OF I-270, CITY OF
DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO.
WHEREAS, a goal of the Dublin City Council is to continue to acquire land for parkland
purposes; and
WHEREAS, the City desires to enter into an agreement to purchase a 1.64 acre, more or
less, tract of land for parkland purposes for $50,000.00; and
WHEREAS, the aforementioned objectives will require the City of Dublin to obtain a fee
simple interest in the 1.64 acre, more or less, premises located west of Riverside Drive and
south of I-270, in the City of Dublin, Franklin County, Ohio, as described in the attached
Exhibit "A".
NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, state of
Ohio, ~ of the elected members concurring that:
Section 1. The City Manager is hereby authorized to execute an Agreement to Purchase
and any necessary closing documents related to the acquisition of the 1.64 acre, more or
less, tract of land and paying any related costs.
Section 2. There has been appropriated from the Capital Improvements Tax Fund Fifty
Thousand Dollars ($50,000.00) to account 401-0314-780-2510, for the purchase of
acquiring the 1.64 acre, more or less, tract of land and paying any related acquisition costs.
Section 3. This Ordinance shall take effect and be in force from and after the earliest
date permitted by law.
Passed this ~ day of , 2000. ,
-Presiding Officer
ATTEST:
C~
Clerk of Council
1 hereby certfi~~ that coy~~es of this Ora`nonce/Resoluteon were Posted in ttie
City of Dublin in accordance witG Section 731.25 of the Vicia Revised Code,
{ c of tauncil, Dublin, Ohio
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Date Stamp: Thu Mar 16 10:27:39 2000
EXHIBIT
~""4f 2
CS-1 Rev. 4/9/92 Page 1 of 4
NAME OF STREET: Rings Road ORDINANCE NUMBER: 52-00
ROUTE NUMBER: 18270 DATE: March 20 , 2000
An emergency ordinance enacted by the City of Dublin, Franklin County, Ohio, in the matter of the
hereinafter described improvement and to request cooperation by the Director of Transportation.
WHEREAS, the State has identified the need for and proposes the improvement of a portion of the
public highway which is described as follows:
Replacement of existing deck and widening of the structure including bikeway and sidewalk on a
new alignment. Raise bridge to provide required vertical clearance.
Structure Location: Structure FRA-270-1619 (Rings Road over IR270).
This legislation repeals Ordinance Number 50-97 passed May 5, 1997.
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 in the
planning, design and construction of said improvement.
NOW THEREFORE, Be it ordained by the Council of the City of Dublin, Ohio:
SECTION I, (Cooperation)
That said Director of Transportation hereby requests the cooperation of the City in the cost of the
above described improvement as follows:
The City agrees to assume and bear one hundred percent (100%) of the cost of preliminary
engineering (environmental studies and detail design) and right-of--way. The Ohio Department of
Transportation agrees to provide a lump sum of 5750,000 of the total construction cost. The City
shall provide the balance of the construction cost.
SECTION II, (Consent)
That it is declared 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 III, (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.
CS-1 Rev. 4/9/92 Page 2 of 4
SECTION IV, (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 V, (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, billboards, 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.
(d) Regulate parking 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.
SECTION VI, (Right-of--Way, Utility Rearrangement and Damage and Liability Responsibilities)
(a) That all existing street and public way right-of--way within the City which is necessary for
the aforesaid improvement, shall be made available therefore.
(b) That the State will acquire any additional right-of--way required for the construction of the
aforesaid improvement.
(c) 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 improvement and
said companies have agreed to make any and all necessary plant removals or
rearrangements in such a manner as to be clear 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 sewer 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
CS-1 Rev. 4/9/92 Page 3 of 4
said rearrangement shall be done at such time as requested by the Department of
Transportation Engineer.
(e) That the constructioq reconstructioq 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 acxordance with the provisions of the Ohio Department of
Transportation Construction and Material Specifications and shall be subject to approval
by the State.
(fj 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 Transportation's Utilities Manual.
(g) That the City hereby 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 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 declared 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.
~~Qo
Passed: a !~GL ~ d
Attest: L./i~Yr~r+~
Clerk Mayor
Attest:
President of Council
CS-I Rev. 4/9/92 Page 4 of 4
CERTIFICATE OF COPY
State of Ohio
City of Dublin ss
County of Franklin
I, - ~h h ~ ~ r!! , as Clerk of the City of Dublin, Ohio, do hereby certify that the
fo~is a true and correct copy of ordinance adopted by the legislative Authority of the said City on the
day of „ l9 Dv that the publications of such ordinance has been made
and certified 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 WITNESS WHEREOF, I have hereunto subscribed my name and affixed
my official seal, this T day of /~r'r G~,r~ ,~9~~~
(sue) ~ ~
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.
i ~iTY hiAN~~ER
Attest: ~ n ~ '~L E1t:3Z1ld,,Q}~1Q '3 It Ob
Contractual r
For the State of Ohio
Attest: ,Date
Duector, Ohio Department of Transportation
I hereby certify that copies of this Ordinancs/fiesolotion a?Pre posters in the
Gty of Dvblin in ntcordance wit! Section 731.25 or fhe ~'.-;ic fievse~ Code.
~ >L .Cie of Council, Dahiin, Qhio