31-90 Resolution
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RESOLUTION NO. 31-90
A RESOLUTION DECLARING IT NECESSARY TO IMPROVE VILLAGE
PARKWAY FROM SAWMILL ROAD TO TULLER ROAD, BANKER DRIVE FROM
SAWMILL ROAD TO DUBLIN CENTER DRIVE, DUBLIN CENTER DRIVE FROM
WEST DUBLIN-GRANVILLE ROAD TO SAWMILL ROAD, AND TULLER ROAD
FROM DUBLIN CENTER DRIVE TO VILLAGE PARKWAY BY INSTALLING
STREET LIGHTING AND ACQUIRING REAL ESTATE OR INTERESTS IN
REAL ESTATE THEREFOR, TOGETHER WITH ALL NECESSARY
APPURTENANCES, AND DECLARING AN EMERGENCY.
WHEREAS, Council has previously authorized and requested the City
Engineer to prepare or caused to be prepared plans and specifications for the
improvement described in Section 1;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
Franklin, Union and Delaware County, Ohio, three-fourths of all members
elected or appointed thereto concurring, that:
Sect ion 1. It is declared necessary to improve in the City Village
Parkway from Sawmill Road to Tuller Road, Banker Drive from Sawmill Road to
Dublin Center Drive, Dublin Center Drive from West Dublin-Granville Road to
Sawmill Road, and Tuller Road from Dublin Center Drive to Village Parkway by
installing street light ing and acquiring real estate or interests in real
estate therefor, together with all necessary appurtenances.
Section 2. The plans, specifications, profiles and estimate of cost
of the improvement, prepared by the engineering consultant to the City,
McMullen Engineering Co., Inc. and now on file in the office of the Clerk of
Council, are approved. The improvement shall be made in accordance with, and
the grade of the improvement and of any street shall be the grade as shown on,
the plans, specifications and profiles for the improvement.
Section 3. This Counc il finds and determines that (1) the improve-
ment is conducive to the public health, convenience and welfare of this City
and the inhabitants thereof and (1i) the lots and lands to be assessed as
described in Section 4 hereof are specially benefited by the improvement. The
Council further finds and determines that the streets to be improved are so
situated in relation to each other that, in order to complete the improvement
thereof in the most practical and economical manner, they should be improved
at the same time, with the same kind of materials and in the same manner and,
therefore, they shall be treated as a single improvement and included in the
same legislation and contract.
Section 4. One-half of the whole cost of the improvement less the
cost of intersections shall be assessed in proportion to the benefits that may
result from the improvement upon the lots and lands bounding and abutting upon
the improvement between and including the termini of the improvement. The
described lots and lands are determined to be specially benefitted by the
improvement.
Section 5. The cost of the improvement shall include the cost of
preliminary and other surveys, plans, spec if icat ions, profiles and estimates
and of printing, serving and publishing notices, resolutions and ordinances,
the amount of any damages resulting from the improvement and the interest
thereon, the costs incurred in connection with the preparation, levy and
collection of the special assessments, the cost of purchasing, appropriating,
and otherwise acquiring any real estate or interests therein required for the
improvement, expenses of legal services including obtaining approving legal
opinions, cost of labor and material, and interest on bonds and notes issued
in anticipation of the levy and collection of the special assessments,
together with all other necessary expenditures.
Section 6. The City Engineer is authorized and directed to prepare
or caused to be prepared by the engineering consultant to the City, McMullen
Engineering Co., Inc. and filed in the office of the Clerk of Council the
estimated special assessments of the cost of the improvement described in this
resolution. Those estimated special assessments shall be based upon the
estimate of cost of the improvement now on file in the office of the Clerk of
Council and shall be prepared pursuant to the provisions of this resolution.
.
When the estimated special assessments have been so f !led, the Clerk of
Council shall cause notice of the adoption of this resolution and the filing
of the estimated special assessments to be served in the manner provided by
law on the owners of all lots and lands to be assessed.
Section 7. The special assessments to be levied shall be paid in
fifteen annual installments, with interest on the unpaid principal amount of
each special assessment at the same rate as shall be borne by the bonds or
notes to be issued in anticipation of the collection of the total of the
unpaid special assessments; provided that the owner of any property assessed
may pay the special assessment in cash within 30 days after passage of the
assessing ordinance.
Section 8. Bonds of the City shall be issued in anticipation of the
collection in annual installments of the special assessments and in an amount
equal to the total of the unpaid special assessments, and notes of the City
may be issued in anticipation of the issuance of those bonds and the levy of
the special assessments. The remainder of the entire cost of the improvement,
after application of the special assessments, shall be paid by the issuance of
bonds in the manner provided by law or from other funds available for that
purpose.
Section 9. 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 deliberations of
this Council and of any of its conunittees that resulted in those formal
actions were in meetings open to the public in compliance with the law.
Section 10. This resolution is declared to be an emergency measure
necessary for the inunediate preservation of the public peace, health, safety
or welfare of ' the City and for the further reason that this resolution is
required to be inunediately effective to provide for the construction of the
improvement, which is needed to provide street lighting to enhapce traffic and
public safety; wherefore, this resolution shall be in full force and effect
inunediately upon its adoption.
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Signed: , ~ / ,
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Attest: J/tth-uo ~' V~
/Clerk of Cou cil
Passed: (fut/~ dO, 1990
Effective: ~r djo , 1990
I hereby certify that copies of t!,,~ Orrl'l1rmrr> /n,,<'1' t'
n f D bJ' " ','~L on were nostetf i th
I you In In accordance vv'th Sstt'on l?l 2' of th Of' '. n e
oJ . J e .uo ReVIsed Code.
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Clerk of Council, ublin, Ohio
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9~,~ August 17, 1990 ~i1<ed~dJf/~
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Francis Urban
Clerk of Counci 1
City of Dubl in
6665 Coffman Road
Dublin, Ohio 43017
Subject: Muirfield Drive Improvements
Tuller Road Improvements
Dublin Village Street Lighting Improvements
Dear Fran:
Pursuant to the City I S request and based on information supplied by
Terry Foegler, Paul Willis and others, we have prepared and enclose the
resolution of necessity for each of these projects. For your convenience, I
am enclosing twelve copies of each resolution, All of the recipients of this
Letter should carefully review the resolutions in their entirety and call me
irlJTnedia tell' with any quest ions, The resolutions should be reviewed with a
particular eye toward ensuring that each purpose clause encompasses all
aspects of the project as planned and to confirm the sharing of costs between
the City and the property owners described in Section 4 of each resolution is
consistent with the City's intentions. Please note that Seetin 4 of the
Dublin Village Street Lighting resolution assumes any acquisition of real
estate or interests therein will be by negotiation and omits any reference to
50% of the costs of appropriation of land being borne by the City. Section 4
of each resolution should also be reviewed to ensure that the parcels
described therein subject to assessment encompass all lots and lands the City
desires to assess for the improvement.
Each resolution of necessity must be adopted by an affirmative vote
of at least three-fourths of all members of Council after the plans,
specifications, profiles and the estimate of cost referred to in Section 2 of
each resolution have been filed with your office,
Section 7 of the resolutions relating to the Muirfield Drive and
Tuller Road improvements provide that those special assessments will be paid
in 20 annual installments. Section 7 of the resolution for the Dublin Village
Street Lighting Improvements provides that those assessments will be paid in
15 installments, In each case the number of installments is consistent with
the legally assigned useful life of the project under Seetin 133,20 of the
Revised Code,
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Francis Urban
August 17, 1990
Page 2
Please call me after each of these resolutions has been adopted and
the estimated assessments referred to in Section 6 have been placed on file in
your office. r will then prepare for each project the notice to property
owners of special assessments which will need to be served on each owner of
property that is to be assessed for that project.
For my files, please send me a certified copy of each adopted
resolution of necessity, a copy of the minutes of all Council meetings
evidencing the three readings and adoption of the resolution or separate votes
on rule suspension and adoption, and your certificate evidencing posting of
the resolution.
Please call if you have any questions.
Very truly yours,
Gregory W. Stype/ss C? blv-
Enclosures
cc(w/enc.) : Tim Hansley, City Manager
Terry Foegler, Development Director
Steve Smith, Director of Law
Nan Metz, Director of Finance
Paul Willis, City Engineer
Patrik Bowman, Department of Development
Mark Jones, Department of Development
Steve Mack, Assistant City Engineer
Bobbie Clark, Zoning Administrator