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37-92 Resolution RESOLUTION NO. 37 -92 A RESOLUTION APPOINTING AN ASSESSMENT EQUALIZATION BOARD TO HEAR OBJECTIONS RELATIVE TO THE IMPROVEMENT IN THE CITY OF TULLER ROAD FROM RIVERSIDE DRIVE EAST TO THE EXISTING INTERSECTION WITH VILLAGE PARKWAY AND VILLAGE PARKWAY FROM THE EXISTING INTERSECTION WITH TULLER ROAD TO A POINT APPROXIMATELY 410 FEET SOUTH OF THAT EXISTING INTERSECTION BY WIDENING, GRADING, DRAINING, PAVING, CURBING, LIGHTING, INSTALLING WATERLINES, FIRE HYDRANTS AND STORM SEWERS, CONSTRUCTING NEW CONNECTION CURVES TO REPLACE THE EXI STING INTERSECTION OF TULLER ROAD AND VILLAGE PARKWAY, AND RELOCATING OVERHEAD WIRES, CABLES AND APPURTENANT EQUIPMENT UNDERGROUND, TOGETHER WITH ALL NECESSARY APPURTENANCES INCLUDING CONSTRUCTING A BIKEWAY, AND ACQUIRING REAL ESTATE AND INTERESTS IN REAL ESTATE THEREFOR, AND DECLARING AN EMERGENCY. BE IT RESOLVED by the Council of the City of Dublin, Franklin, Union and Delaware Counties, Ohio, that: Section 1. R:n3ld Jezerinac , Mildred Karrer and Kat:herine Kelly , three disinterested freeholders of this City, are appointed to act as an Assessment Equalization Board to hear and determine all timely written objections to the estimated special assessments for the cost of improving in the City of Tuller Road from Riverside Drive east to the existing intersection with Village Parkway and Village Parkway from the existing intersection with Tuller Road to a point approximately 410 feet south of that existing intersection by widening, grading, draining, paving, curbing, lighting, installing waterlines, fire hydrants and storm sewers, constr-ucting new connection curves to replace the existing intersection of Tuller Road and VilJ.age Parkway, and relocating overhead wires, cables and appurtenant equipment underground, together with all necessary appurtenances including constr-ucting a bikeway, and acquiring real estate and interests in real estate therefor, and to equalize those special assessments as to them seems proper in accordance with law and with Resolution No. 03-92 adopted by this Council on April 6, 1992. Section 2. The Board shall first meet for that purpose in Council Chambers , City Hall, 6665 ~~~man , Dublin, Ohio, on 'TI.:e:rl3.y , May~, 1992, at 10:3) ~.m. , Eastern Daylight Saving Time, and upon the completion of its hearings and equalization shall report the equalized special assessments to Council. The Clerk of Council shall, at least five days prior to the first meeting, send a notice of the hearing by certified mail to all persons who filed timely written objections. Section 3. This Council finds and determines that all formal actions of this Council concerning and relating to the adoption of this resolution were adopted in an open meeting of this Council and that all deli- berations of this Council and of any of its committees that resulted in those formal actions were in meetings open to the public in compliance with the law. Section 4. This resolution is declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety or welfare of the City and for the further reason that this resolution is required to be immediately effective to provide for the construction of the improvement, which is needed to enhance traffic safety in the City; wherefore, this resolution shall be in full force and effect immediately upon its adoption. : \. .". pesttd in tM . 1. Of ~ I~cso utlO" . Signed: h p.bv "".;'" ''''1t (ft"'I!~ ot \ '. 73' 25 of the l)hiO '8'1lsed (ode. ~X;r&~~ \ e'. . 'th SedlOn . , t ~'ir~ :" 3~toI'l!ance w- CIty 0 . . {!\~~ 07/VL~- .' biG {/ ('erk of (ount". Oubnn. 0 Attest: (P~ C#~ ~ Clerk of Counc il Passed: May y, 1992 Effective: May q, 1992 ~ ... ... ... ~ REPORT OF ASSESSMENT EQUALIZATION BOARD May 14, 1992 To the Council of the City of Dublin, Ohio: We, the Assessment Equalization Board appointed and acting pursuant to Resolution No. 37-92 adopted May 4, 1992, report that at the time and place fixed by that resolution for its first meeting we took the oath of office and thereafter heard and determined all the objections of the property owners who filed objections to the estimated special assessments for the cost of improving in the City Tuller Road from Riverside Drive east to the existing intersection with Village Parkway and Village Parkway from the existing intersection with Tuller Road to a point approximately 410 feet south of that existing intersection by widening, grading, draining, paving, curbing, lighting, installing waterlines, fire hydrants and storm sewers, constructing new connection curves to replace the existing intersection of Tuller Road and Village Parkway, and relocating overhead wires, cables and appurtenant equipment underground, together with all necessary appurtenances including constructing a bikeway, and acquiring real estate and interests in real estate therefor, in accordance with Resolution No. 03-92 adopted April 6, 1992 declaring the necessity of that improvement. The objection of Aetna Life Insurance Company relating to the Assessments on Parcel No. 185 was withdrawn prior to commencement of the hearing conducted by this Board on May 12, 1992. This Board has considered each of the remaining objections to the estimated special assessments, or to the amount and apportionment of those special assessments, and, except to the extent of the reductions recommended in this report finds that those objections are not well taken and therefore overrules and denies them. This Board finds that the estimated special assessments against the properties referred to below are in excess of the special benefits that will result to those properties and recommends that the estimated special assessments against those properties be reduced by the amounts stated below: Reduction in Property Owner Description of Property Special Assessme~.s Tuller Ridge Partners Parcel No. 852 $50,000 Ms. Katherine Kelly agrees with the recommendation of a reduction but would reduce the assessment on Parcel No. 852 by a larger amount. This Board recommends that the City assume and pay as part of its portion of the cost of the improvement the amount of $50,000, which is the aggregate amount resulting from those reductions, as to be proportionately increased and decreased based on the final cost of the improvement. The Board also finds that the estimated special assessments for this improvement on file with the Clerk of Council, as adjusted and equalized by this Board, are in accordance with the provisions of Resolution No. 03-92, are limited as to each lot and parcel of land to the special benefits conferred thereon, and these estimated special assessments as adjusted and equalized are therefore approved. '-.' , . .... This Board finds and determines that all formal actions of this Board concerning and relating to the rendering of this report were adopted in an open meeting of this Board and that all deliberations of this Board that resulted in those formal actions were in meetings open to the public in compliance the law. ASSESSMENT EQUALIZATION BOARD "') k. '),It(' . ... v-v:-k . . , * * * * * * * * I certify that: (i) the foregoing is a true and correct copy of the report of the Assessment Equalization Board, ( ii) the report was filed with me as Clerk of Counc il on May ...2J, 1992, (iii) the aggregate amount of the estimated special assessments after allowance for the reductions as reported by the Board was $1,093,118.00, and (iv) the Board has not recommended increasing the estimated special assessment against any lot or land or assessing any lot or land not included in the estimated special assessments, the owner of which has not filed an objection with respect to that lot or land. Dated: May~, 1992 a-rvrLA, ~, ~ Clerk of Council City of Dublin, Ohio - 2 -