26-09 OrdinanceRECORD OF ORDINANCES
26-09
Ordi~n~mace No.
Passed
. 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH FRANKLIN COUNTY
TO TRANSFER OWNERSHIP OF THE COSGRAY CREEK
CULVERT AND ASSOCIATED WALLS TO THE CITY, SAID
CULVERT LOCATED ON AVERY ROAD, SOUTH OF SHIER-
RINGS ROAD, AND DECLARING AN EMERGENCY.
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 by the City as the Cosgray Creek culvert, and by the County as the Avery Road bridge;
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; and
WHEREAS, the City passed Resolution 20-09, expressing its intent to take ownership of
the culvert; and
WHEREAS, the City and County desire to enter into an agreement to officially
consummate the transfer of ownership of the Cosgray Creek culvertJAvery Road bridge
from the County, to the City.
NOW, T~REFORE, BE IT ORDAINED by the Council, of the City of Dublin, State
of Ohio, of the elected members concun-ing that:
Section 1. The City Manager is hereby authorized to execute an agreement and any
associated documentation necessary to accept the transfer of jurisdiction, rights and
responsibilities of the Cosgray Creek culvert/Avery Road bridge from Franklin County.
Section 2. This ordinance is hereby declared to be an emergency necessary for the
immediate preservation of the public health, safety and welfare. The reason for such
necessity is that the prompt improvement of Avery Road is necessary to improve traffic
circulation and relieve traffic congestion for the citizens of Dublin. Transfer of ownership to
the City of the Cosgray Creek culvert/Avery Road bridge is part of the larger endeavor to
improve and widen Avery Road. Therefore, this ordinance shall go into immediate effect.
Passed this ~~ day of ~ , 2009.
Mayor -Presiding Officer
ATTEST:
~~~
Clerk of Council
~SCHOTTENSTEIN
ZOX& DU N N CO,LPA
MEMORANDUM
TO: Dublin City Council
Terry D. Foegler, City Manager
Paul A. Hammersmith, PE, Director of Engineering/City Engineer
FROM: Stephen J. Smith, Law Director
Philip K. Hartmann, Assistant Law Director
DATE: May 14, 2009
RE: Ordinance No. 26-09 -Avery Road Widening Project
Cosgray Creek CulvertlAvery Road Bridge
PROJECT BACKGROUND:
The City of Dublin ("City") is widening Avery Road between Tuswell/Innovation Drive and
Shier Rings Road. Within the area of this widening is a culvert/bridge owned by Franklin
County ("County"), commonly referred to by the City as the Cosgray Creek culvert, and by the
County as the Avery Road bridge. 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 of the culvert/bridge by adding height and
manufactured stone to the headwalls and wingwalls.
This ordinance is a follow-up piece of legislation to Resolution 20-09. Resolution 20-09, passed
by City Council on May 4, 2009, was a resolution of intent to take ownership of the culvert/
bridge. The ordinance that is the subject of this memorandum authorizes the City Manager to
execute an agreement with Franklin County in order to officially consummate the transfer of
ownership.
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/bridge. 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/bridge in order to achieve these aesthetic improvements. The City's
Department of Engineering determined that this option, i.e. taking ownership of the culvert/
bridge, 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/bridge to the City. The
SCHOTTENSTEIN
ZOX & D U N N CO.,LPA
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 required City Council to pass a resolution of intent to take ownership of
the culvert/bridge. This resolution, Resolution 20-09, was passed by City Council on May 4,
2009. Franklin County prosecutors thereafter requested that the parties enter into an agreement
whereby Franklin County would transfer jurisdiction, duties and responsibilities in the Cosgray
Creek culvert (Avery Road bridge) to the City.
Upon the City's execution of this agreement, the Franklin County Board of Commissioners will
pass legislation transferring ownership of the culvert bridge to the City. The Commissioners will
countersign the agreement, and the culvert/bridge's identification code will be transferred to the
City, officially consummating the transfer of ownership.
RECOMMENDATION
The Law Department recommends approval of Ordinance No. 26-09 by emergency action.