19-09 ResolutionRECORD OF RESOLUTIONS
Inc.. Form No. 300x5
19-09
Re.roladion No. Passed , 20
A RESOLUTION OF INTENT TO TAKE OWNERSHIP
OF THE COSGRAY CREEK CULVERT AND
ASSOCIATED WALLS, SAID CULVERT PRESENTLY
OWNED BY FRANKLIN COUNTY AND LOCATED
01V' AVERY ROAD, SOUTH OF SHIER-RINGS ROAD
WHEREAS, the City of Dublin is preparing to widen Avery Road between Tuswell/
Innovation Drive and Shier Rings Road; and
WHEREAS, within the area of this widening, approximately six hundred fifty feet
south of Shier Rings Road, lies a culvert owned by Franklin County which is
commonly referred to as the Cosgray Creek culvert; and
WHEREAS, the City desires to improve the aesthetics of the culvert by adding height
and manufactured stone to the headwalls and wingwalls of the culvert; and
WHEREAS, after discussion with the appropriate representatives at Franklin County,
both the City and County deem it desirable to have the City take ownership of the
culvert in order to achieve the City's desired aesthetic improvements.
NOW, THEREFORE, BE IT RESOLVED by the Council, of the City of Dublin,
State of Ohio, ~ of the elected members concurring that:
Section 1. Council declares its intention to have the City take ownership of the
Cosgray Creek culvert in order to improve the aesthetics of the culvert in furtherance
of the Avery Road widening project.
Section 2. The City Manager is hereby authorized to cause written notice of the
passage of this Resolution to be served upon representatives of Franklin County, in
order to facilitate the necessary action by Franklin County to transfer ownership of the
culvert to the City.
Section 3. This Resolution shall take effect and be in force from and after the
earliest date permitted by law.
Passed this day of , 2009.
. ,
Mayor -Presiding Officer
ATTEST:
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Clerk of Council
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Cincinnati
TO: Dublin City Council
Terry D. Foegler, City Manager
Paul A. Hammersmith, PE, Director ofEngineering/City Engineer
FROM: Stephen J. Smith, Law Director
Philip K. Hartmann, Assistant Law Director
DATE: Apri130, 2009
RE: Resolution 19-09 -Intent to Take Ownership -Avery Road Widening Project
Cosgray Creek Culvert
PROJECT BACKGROUND:
The City of Dublin ("City"} is widening Avery Road between TuswelUInnovation Di7ve and
Shier Rings Road. Within the area of this widening is a culvert owned by Franklin County
("County") commonly referred to as the Cosgray Creek culvert. The culvert crosses Avery
Road approximately 650 feet south of Shier Rings Road. It is a 12' by 5' concrete box culvert
with the identification code of WAS 3-21.17. The City desires to improve the aesthetics ofthe
culvert by adding height and manufn.ctured stone to the headwalls and wingwalls.
HISTORY OF DISCUSSIONS WITH FRANKLIN COUNTY:
The City approached Franklin County in December 2008 about the City's desired aesthetic
improvements to the County-owned culvert. Initially, the City proposed that it would construct
and maintain the aesthetic improvements. The County determined, however, that the City's
desired improvements did not meet County standards and proposed that the City take
ownership of the culvert in order to achieve these aesthetic improvements. The City's
Department of Engineering determined that this option, i.e. taking ownership of the culvert,
was desirous.
PROCEDURE NECESSARY TO TAKE OWNERSHIP:
The City Law Department and the Franklin County prosecutors have been in discussions
regarding the proper procedure for transferring ownership of the culvert to the City. The
County requested that the City first draft a letter formally requesting ownership of the culvert.
This letter was submitted to Franklin County on April 9, 2009 and was signed by Paul A.
Hammersmith, Director of Engineering. The next procedural step requires City Council to
pass this resolution of intent to take ownership of the culvert. Thereafter, the Franklin County
Board of Commissioners will pass legislation, and the culvert's identification code will be
transferred to the City, thereby officially transferring ownership of the culvert to the City.
RECOMMENDATION
The Law Department recommends approval of Resolution No. 19-09.
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250U+.'e_t:-trr'et, Columbus, Ohio 43215-2538 ~ P.O. Box 165020, Columbus, OH 432165020 ~ Voice: 614462-2700 ~ Fax: 614462-5135