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07-66 Ordinance - _n -- - - ---- - -- -- - - - --- A ~ , ORDINANCE NO. 07 - 6 6 . .. "- AN EMERGENCY ORDINANCE GIVING CONSENT TO THE VILLAGE OF DUBLIN , FRANKLIN , COUNTY, OHIO, TO THE CONSTRUCTION, MAIN~. TENANCE AND OPERATION OF INTERSTATE ROUTE NO. 270 AS A FREEWAY UNDER THE SUPERVISION OF THE DIRECTOR OF HIGHWAYS OF THE STATE OF OHIO AND PROPOSING TO COOPERATE WITH SAID DIRECTOR IN CERTAIN MATTERS INCIDENT THERETO. WHEREAS, The public convenience and welfare require the construction of a free- way within the Village of Dublin , Ohio in accordance with alignment as described in a public hearing held in Columbus, Ohio C on April 27 , 199, for the location and establishment of a limited access highway for Interstate Route No. 270, the Columbus Outerbelt, in Franklin County, Ohio, or as the same may be modified as a result of further engineering investigation, the portion of said highway within the corporate limits of the municipality be- ing hereinafter referred to as the FREEWAY, and WHEREAS, The council of the Village of Dub Un , hereinafter referred to as the COUNCIL, desires to cooperate with the Director of Highways of the State of Ohio, hereinafter referred to as the STATE, in the construction, maintenance and operation of the FREEWAY. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO. SECTION I. I The public convenience and welfare demand the construction of the FREEWAY here- inbefore described and the COUNCIL hereby consents to the acquistion of all pro- perty and property rights and the provision of relocation advisory assistance, by the STATE or its agents, required for the FREEWAY, and further consents to C the construction, maintenance and repair of such FREEWAY by the STATE subject to the following conditions: (a) The STATE shall bear all costs of the construction, maintenance and repair of said FREEWAY, inclusive of the furnishing of electric power for sign I lighting and highway lighting. (b) The STATE shall confer with the Mayor from time to time during the development of detail plans with respect to the effects on, and the alterations of, municipal streets, utilities and related facilities I under the jurisdiction of the COUNCIL. (c) Final construction plans for the FREEWAY will be furnished to the I Council before any construction contracts therefor are awarded by the STATE. (d) The STATE will retain all natural drainage courses in the most economical location and will further intercept and conduct other surface flow which reaches the FREEWAY to a natural outlet as may be made necessary by the construction of said FREEWAY. (e) The limited access portions of the FREEWAY shall be enclosed with a fence in accordance with the accepted standard practice for fencing limited ac- cess highways or freeways within urban areas. C (f) Highway maintenance structures or rest areas to be constructed within the corporate limits of the municipality shall be at locations approved by the Council . 1 I 1 - --- - - - - -- - - , . J' . . -2- (g) The municipality is to be reimbursed by the STATE for all claims for damages determined to be just and legal, or as ordered by the Court and paid by the municipality, that may result from any change in the elevation of the pre- sent centerline of any street, road or highway within the municipality caused, occasioned, brought about or required as a result of the construc- tion of said FREEWAY. The processing of claims for damages will be co- ordinated with the STATE so as to eliminate possible double payment for the same damage items. SECTION II. e The COUNCIL consents to the rearrangement, without cost to the municipality, of sanitary sewers, water mains, service lines, fire hydrants, valve boxes and appurtenances thereto, or other municipally owned utilities, lying inside the corporate limits of the municipality made necessary by the construction of the FREEWAY, and the COUNCIL, prior to the award of any contract, agrees to make arrangements with or obtain agreements from any and all publicly, privately and cooperatively owned utility companies to relocate or rearrange their lines, of any nature whatsoever, which will be affected by or interfere with the construc- tion of the FREEWAY, said lines existing in their present location by virtue of franchise or other agreements legally in'effect. SECTION III. The COUNCIL consents to the STATE's preservation, regulation and use of the highway as a freeway, and further consents to the policing of said FREEWAY by state police forces. SECTION IV. The COUNCIL agrees: (a) To enact, prior to the completion of the FREEWAY proper legislation to va- cate or establish, by mutual agreement ~ith the STATE, any streets or portions thereof within the limits of and deemed necessary for the construction and operation of the FREEWAY. C . ~., (b) To make all existing highway right-of-way within the municipality, which is necessary for the FREEWAY, available therefor. (c) That the Director of Highways shall be the issuing authority for permits to use or occupy FREEWAY right-of-way and permits for the movement of over- size and overweight loads over the FREEWAY. (d) That traffic control lights will not be installed at the intersections of ramp terminals and the local streets without prior approval by the STATE. (e) To prohibit parking within the right-of-way limits of the FREEWAY and on bridge structures carrying municipal streets over the FREEWAY. (f) To initiate proper legislation amending its traffic code for the purpose of bringing about any changes in traffic regulations made necessary by the construction of the FREEWAY, said legislation to be enacted prior to the completion of the FREEWAY. SECTION V. The COUNCIL will bear the cost, and (a) Maintain and repair all grade separated municipal streets, exclusive of C bridge structures within the right-of-way limits of the FREEWAY. (b) Maintain and repair the wearing surface on bridges carrying municipal streets over the FREEWAY when such wearing surface is separate from the bridge floor slab. Changes in type or depth of wearing surface will not be permitted without prior approval by the STATE. (c) Remove snow and place abrasives and chemicals for ice control on all grade separated municipal streets, inclusive of bridges carrying such streets over the FREEWAY. -.- - - - - . . - . -3- " . (d) Maintain and repair all service roads, drainage structures, and other road- way items located outside the fenced portion of the FREEWAY. (e) Furnish, ,install, maintain and repair all signs, pavement markings and other traffic control devices on the intersecting local streets at interchanges or on overpass or underpass roadways in accordance with the Ohio Manual of Uniform Traffic Control Devices. (f) Maintain and repair (including furnishing electric power) highway lighting units on intersected local streets at interchanges and on overpass or under- C pass roadways. SECTION VI. The Mayor is hereby authorized and directed on behalf of the COUNCIL to enter into such agreements as are'necessary to carry forward the intent and purpose of this Ordinance. SECTION VII. The Clerk of the Council is hereby directed to furnish the STATE with a certified copy of this Ordinance immediately upon its enactment; and upon the acceptance and approval of said Ordinance by the STATE, it shall become a binding agreement between the COUNCIL and the STATE. SECTION VIII. This Ordinance is hereby declared to be an emergency measure by reason of the need for expediting planning and construction of the FREEWAY to promote highway safety and provided it receives the affirmative vote of two thirds of the members elected to the council it shall take effect and be in force immediately upon its passage and approval by the Mayor. a :--0/1- Approved ~o~' 'O--~ Passed Fe-I!> 7 , 19 --'.b Attest B;~, -e~ Clerk of Council I hereby certify that the foregoi~s a true and correct copy of an Ordinance passed by the legislature authority f-~ l' ' 19~ ~~,4Q. lerk \ The foregoing is accepted as a basis for proceeding with the work herein described. r ORIGINAL SIGNED BY Attest Director, Ohio Department of Highways ~ I hereby oertify that five oopies of this ordinanoe"were posted in the Village of Dublin, Ohio in aooordanoe with seotion 731.25 of the Ohio Revised Code. L-I'~ Erio R. Priday,ole k Village of Dublin, Ohio