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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.