038-78 Ordinance
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RECORD OF ORDINANCES
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National Graphics Corp., Cols., 0.. ~ Form No. 2806.A :
. 38 78 p assed__m_mm~~Y_J_____Jf}Z8__mm______19_____.__
Ordmance No hm____________________
AN ORDINANCE AUTHORIZING AND DIRECTING THE
MAYOR AND CLERK-TREASURER TO E~TER I NT 0 A
SEWER liNE AGREEMENT: AND DECLARING AN EMER~' -
~ ERGENCY.
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BE IT ORDAINED! by the Council of the Village of Dublin, State of
Ohio, b of, the members elected thereto concurring:
SECTION I . Th~t the Mayor and Clerk-Treasurer be, and they here-
by are, authorized and directed to execute an agreement, and said
agreement is hereby ratified, by and between the Vi Ilage of Dublin ,
Ohio and Dublin land Development Company and W. K. Dublin I nvest-
ment Company. Said agreement is hereby made an official part of
this Ordinance~, and is attached and marked as EXHIBIT "A". The
line shall be ~onstructed on an alignment based upon the plan
as submitted t~,the Village Administrator and said plan is hereby
made an offi cia I part of this Ordinance, and is attached and
marked as EXHIBIT "B".
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SECTION 2. That this Ordinance be, and the same hereby is, de-
clared to be an emergency measure necessary for the immediate
preservation ~f the public peace, health and safety and for the
- further reasoni that construct i on is to be expedited as soon as
1 possible and therefore this Ordinance shall take effect and be in
, force i mmed i at,e I y upon its passage.
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Passed t his & day of /Yl1t1 , 1978
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President Pro Tempore
r2LukWi ~~
Mayor- Pres i ding. f i cer
ATTEST' :
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lerk-Treasurer
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U SEWER LINE AGREEMENT " f\"
THIS AGREEMENT is made this 17* day of April, 1978, by,
between and among, Dublin Land Development Company, an Ohio limited
partnership, and W. K. Dublin Investment Co., an Ohio general
t~ partnership, (hereinafter collectively referred to as "Developer~),
and the Village of Dublin, Ohio, (hereafter referred to as "Dublin").
FOR A VALUABLE CONSIDERATION, the receipt of which is mutually
acknowledged by each of the parties hereto, said parties do hereby
agree as follows:
1. Developer shall forthwith construct a sanitary sewer
line at the sole expense of Developer, according to plans and
specifications prepared by Evans, Mechwart, Hambleton,& Tilton,
V Inc. , (hereinafter referred to as "Evans Mechwart") , the engineer
for Developer, which plans, specifications and location of.such
sewer line shall'.all be approved in writing by Burgess and Niple
Limited, the engineer for Dublin.
I 2. Said sanitary sewer line shall be constructed in accord-
\....~ ance with the standard construction regulations of the Village of
Dublin as the same is set forth in Ordinance 29-76, adopted May
3, 1976.
3. Upon completion of said sanitary sewer line by Developer i
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and acceptance thereof by Dublin, which acceptance shall be deemed
to be a dedication by Developer of said sanitary sewer line, then,
for a period of one (1) year from the date thereof, Developer shall
maintain and repair said sewer line. As security for performance by
V Developer of such maintenance and repair, Developer agrees to de-
liver to Dublin a bond or, in the alternative, a letter of credit
from the Huntington National Bank of Columbus, said bond or letter
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of~credit being in favor of D~blin, and in an amount equal to ten -
i (10%) percent of the total cost of construction of said sanitary
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sewer line.
4. Except as provided in paragraph 3 hereinabove, at such
" time as said sanitary sewer line is accepted by Dublin, Developer
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shall be deemed to have been relieved of all liability and responsi-
bility whatsoever in connection with the construction therewith and,
further, at the 'expiration of the one (1) year period during which
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V maintenance and repairs to be performed by Developer, Developer
shall be deemed to have been relieved of all liability and responsi-
bility for maintenance and repair thereof.
5. As to that area of .Coffman Park to which Developer shall
{ " have reasonable access for the purpose of constructing said sani-
tary sewer line, Developer agrees to restore said area to the con-
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di tion in which it was prior to the commencement~ of.: construction
of said sanitary sewer line, including the seeding of grass and
and the restoration of gravel walkway areas, and, further including,
the replanting and replacing of trees and shrubs, if any.
6. At the end of each work day, Developer agrees to protect
the ditch in a fashion acceptable to. the Village Administrator
V in a fashion calculated to reasonably prevent people from falling
into the ditch. Further, Developer agrees to use reasonable best
efforts to back fill the ditch promptly after laying the sewer
pipe.
IN WITNESS WHEREOF, the parties have hereunto set their hands
, ~'J*
! this day of April, 1978.
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W. K. DUBLIN INVESTMENT CO.
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DUBLIN COMPANY i
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By \
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.,.../' VILLAGE OF DUBLIN, OHIO
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By Ouu-b/ZO. ~ i
Charles W. Coff n, Mayor
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Richard D. Termeer, Clerk-Treasurer
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