53-90 Resolution
RESOLUTION NO. 53-90
A RESOLUTION APPROVING THE REPORT OF THE ASSESSMENT
EQUALIZATION BOARD ON OBJECTIONS CONCERNING THE
ESTIMATED SPECIAL ASSESSMENTS TO OPEN, CONSTRUCT AND
IMPROVE IN THE CITY A PUBLIC STREET TO BE KNOWN AS
MUIRFIELD DRIVE BY CONSTRUCTING A FOUR LANE SECTION WITH
A VARIABLE WIDTH GRASS MEDIAN FROM THE CURRENT TERMINUS
APPROXIMATELY 638 FEET NORTH OF THE INTERSECTION OF
MUIRFIELD DRIVE WITH SELLS MILL DRIVE AND MOJAVE STREET
NORTHERLY APPROXIMATELY 3,650 FEET TO THE CURRENT
INTERSECTION OF MUIRFIELD DRIVE AND BRAND ROAD BY
GRADING, DRAINING, PAVING AND INSTALLING CONCRETE CURBS
AND GUTTERS, TOGETHER WITH ALL NECESSARY APPURTENANCES,
INCLUDING A BIKEWAY AND BIKEWAY UNDERPASS, CONSTRUCTING
WATERLINES AND FIRE HYDRANTS, SANITARY SEWERS AND STORM
SEWERS, AND ACQUIRING REAL ESTATE AND INTERESTS IN REAL
ESTATE THEREFOR, TOGETHER WITH ALL OTHER NECESSARY
APPURTENANCES, AND DECLARING AN EMERGENCY.
WHEREAS, the Assessment Equalization Board appointed by Resolution
No. 52-90 adopted November 5, 1990, to hear and determine all objections to
the estimated special assessments to open, construct and improve in the City a
public street to be known as Muirfield Drive by constructing a four lane
section with a variable width grass median from the current terminus
approximately 638 feet north of the intersection of Muirfield Drive with Sells
Mill Drive and Mojave Street northerly approximately 3,650 feet to the current
intersection of Muirfield Drive and Brand Road by grading, draining, paving
and install ing concrete curbs and gutters, together with all necessary
appurtenances, including a bikeway and bikeway underpass, constructing
waterlines and fire hydrants, sanitary sewers and storm sewers, and acquiring
real estate and interests in real estate therefor, together with all other
necessary appurtenances in accordance with Resolution No. 50-90 adopted
October 15, 1990, has filed its report with this Counc il as to its
determination of the objections; and
WHEREAS, Council has reviewed that report and deems it proper in all
respects;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
Franklin, Union and Delaware Counties, Ohio, that:
Sect ion 1. The report of the Assessment Equalization Board referred
to in the preambles to this resolution is approved. The estimated special
assessments as reported by the Board shall be filed in the office of the Clerk
of Council.
Section 2. 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 committees that resulted in those formal
actions were in meetings open to the public in compliance with the law.
Section 3. This resolution is declared to be an emergency measure
necessary for the immediate preservation of the public peace, health, safety
or welfare of this 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 reduce traffic congestion and enhance traffic
safety in the City; wherefore, this resolution shall be in full force and
effect immediately upon its adoption.
Frances M. Urban Clerk of CO'Jnd!, hereby certify that the I
, . f 9Uil' iR' '1 t. N! ~90 Signed: ,I
;90;:19 IS a lrue (OlYte, '. R~JiEII .~~o ..~ _wu_ <2-0- - t:',~ /. /'/ ~/ /
duly cJ:;opted by the (o:;nc.l or the I,:;'.' d ;)),:'1, U;1;(), Oil the 10th, ~_<;;- //' /// I
December 1990 C -;7-;7-/'/./ ~'- /lee-"'-' '-
day, of ,________. Pre Ing Officer
/.J ) ..Y .
_-fi--fl?'dO YJ? 't{A../~~ , J
Clerk of Council, Dublin, Ohio Attest: _#tt-x.ao \~l t,u~ .
. Clerk 0 Co ncil
Passed: December jO, 1990
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I hereby certify tn!:1t co:'cs () hSr-L- ... .,~" ,l~,v pos", L
Effective: December I.!l., 1990 City of Dublin in mcorda:'ce v{!h Sc:Jon 7: l,~:; "'I illCl (,;0 Rev:sc: Co';
,fit2'7J,/'/'<1 y~_ t(J~r-/
Clerk of Council, Dublin, Ohio
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REPORT OF ASSESSMENT EQUALIZATION BOARD
kN'/uber L
November , 1990
To the Council of the City of Dublin, Ohio:
We, the Assessment Equalization Board appointed and acting pursuant
to Resolution No. ~-90 adopted November 5, 1990, report that at the time
and place fixed by that resolution for its first meeting we took the oath of
off ice and thereafter heard and determined all the objections of the property
owners who filed objections to the estimated special assessments to open,
construct and improve in the City a public street to be known as Muirfield
Drive by constructing a four lane section with a variable width grass median
from the current terminus approximately 638 feet north of the intersection of
Muirfield Drive with Sells Mill Drive and Mojave Street northerly approxi-
mately 3,650 feet to the current intersection of Muirfield Drive and Brand
Road by grading, draining, paving and installing concrete curbs and gutters,
together with all necessary appurtenances, including a bikeway and bikeway
underpass, constructing waterlines and fire hydrants, sanitary sewers and
storm sewers, and acquiring real estate and interests in real estate therefor,
together with all other necessary appurtenances, in accordance with Resolution
No. 50..90 adopted October is, 1990 declaring the necessity of that improve-
ment.
This Board has considered each of the objections to the estimated
special assessments, or to the amount and apportionment of those special
assessments, and finds those obj ect ions are not well taken and therefore
overrules and denies each objection. The Board also finds that the estimated
special assessments for this improvement on file with the Clerk of Council are
in accordance with the provisions of Resolution No. 50-90, are limited as to
each lot and parcel of land to the special benefits conferred thereon, and 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.
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I certify that: (1) the foregoing is a true and correct copy of the
report of the Assessment Equalization Board, (il) the report was filed with me
as Clerk of Council on j}2u/;'-J?lic/L/.t/, 1990, (ill) the aggregate amount of the
estimated special assessments as reported by the Board was $ I, 100, 17 J:- c P 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: /J2~lA/ If ,1990 JAa~t'_/ Y?j, Utda~
Clerk of Council
City of Dublin, Ohio
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REPORT OF ASSESSMENT EQUALIZATION BOARD
1>e e fl/1-< be:' r
ttoVQl'Reer L, 1990
To the Council of the City of Dublin, Ohio:
We, the Assessment Equalization Board appointed and acting pursuant
to Resolution No. ~-90 adopted November 5, 1990, 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 to open,
construct and improve in the City a public street to be known as Muirfield
Drive by constructing a four lane section with a variable width grass median
from the current terminus approximately 638 feet north of the intersection of
Muirfield Drive with Sells Mill Drive and Mojave Street northerly approxi-
mately 3,650 feet to the current intersection of Muirfield Drive and Brand
Road by grading, draining, paving and installing concrete curbs and gutters,
together with all necessary appurtenances, including a bikeway and bikeway
underpass, constructing waterlines and fire hydrants, sanitary sewers and
storm sewers, and acquiring real estate and interests in real estate therefor,
together with all other necessary appurtenances, in accordance with Resolution
No. 50-90 adopted October 15, 1990 declaring the necessity of that improve-
ment.
This Board has considered each of the objections to the estimated
special assessments, or to the amount and apportionment of those special
assessments, and finds those objections are not well taken and therefore
overrules and denies each objection. The Board also finds that the estimated
special assessments for this improvement on file with the Clerk of Council are
in accordance with the provisions of Resolution No. 50-90, are limited as to
each lot and parcel of land to the special benefits conferred thereon, and 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.
/
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I certify that: (1) the foregoing is a true and correct copy of the
report of the Assessment Equalization Board, (i1) the report was filed with me
as Clerk of Council on LfLL6~pv ~ 1990, (ii1) the aggregate amount of the
estimated special assessments as reported by the Board was $ I, /00, / 7,j~ (.." F 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: jJ2v~1.A..r' if ,1990 JAa~t'_) Y?}, YAda~
,
Clerk of Council
C i t Y 0 f Du b Ii n , Ohio
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Francis Urban
Clerk of Counc il
City of Dublin
6665 Coffman Road
Dublin, Ohio 43017
Subject: Muirfield Drive Improvements
Dear Fran:
Enclosed are the following documents relating to this improvement:
1. Resolution approving the report of the Assessment Equalization
Board, to be adopted prior to consideration of the enclosed
ordinance to proceed. I understand this resolution will be
considered at Council's December 10 meeting. The resolution has
been drafted as an emergency measure and should be adopted on a
roll call vote by at least two-thirds of the members of Council.
Since the Assessment Equalization Board recommended no changes to
the estimated assessments already on file in your office, the
requirement of Section 1 that those assessments as reported by
the Board be filed with you has already been satisfied. Prior to
adoption, Council should suspend its three reading rule by a
separate roll call vote of two-thirds of its members. Follo'lling
adoption, the resolution should be posted in the same manner as
you post other legislation.
You may want to distribute copies of the report of the Assessment
Equalization Board to Council with the resolution.
2. Ordinance to proceed with the Improvement. This ordInance should
be passed by Council prior to awarding and letting contracts for
the improvement. Prior to passage, the blank in the second
WHEREAS clause on page 1 of the ordinance to proceed should be
completed with the number of the resolution approving the report
of the Assessment Equalization Board.
This ordinance has also been drafted as an emergency measure and
should be passed on a roll call vote by at least two-thirds of
the members of Council. Prior to passage, Council should suspend
its three reading rule by a separate roll call vote of two-thirds
of its members. I understand this ordinance will also be
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Francis Urban
December 6, 1990
Page 2
considered at the December 10 Council meeting. Following
passage, a certified copy of the ordinance to proceed must be
filed with the Franklin County Auditor within 15 days after
passage. The ordinance should also be posted in the same manner
as you post other legislation.
3. Section 319.61 certificate, to be signed and dated by the
Franklin County Auditor when you deliver a copy of the ordinance
to proceed to the Auditor's office.
4. Revised estimate of cost and one-third certificate, to be
completed by you with the assistance of Terry Foegler and other
knowledgeable City officials, and signed and dated by you.
5. A certificate of posting for the resolution approving the report
of the Assessment Equalization Board, to be reviewed, signed and
dated by you.
6. A certificate of posting for the ordinance to proceed, to be
reviewed, signed and dated by you.
I understand that the lowest and best bid for construction (labor and
materials) of the improvement is less than the estimate of cost on file with
your office at the time Counc il passed the resolution of necessity (Resolution
No. 50-90) .
Please send me certified copies of the resolution and ordinance
approved by Council, a copy of Council's minutes showing enactment of the
resolution and the ordinance as emergency measures on separate ro 1.1 call votes
following separate roll call votes on rule suspension, the executed
certificate of posting for each of these pieces of legislation, and the
completed, signed and dated 319.61 cert if icate and revised estimate of cost
and one-third certificate.
Please call if you have any questions.
Very truly yours,
Gregory W. Stype/ss ~~
Enclosures
cc(w/enc. ): Tim Hansley, City Manager
Terry Foegler, Director of Development
Steve Smith, Director of Law
Mitch Banchefsky, Assistant Director of Law
Nan Metz, Director of Finance
Paul Willis, City Eng ineer
Greg Comfort, Evans, Mechwart, Hambleton and Tilton, Inc.
SECTION 319.61 CERTIFICATE
I certify that on December , 1990, there was delivered to me as
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Auditor of Franklin County a ce rt if ied copy of Ordinance No. _-90 passed
December , 1990, by the Council of the City of Dublin, Ohio.
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Dated: December , 1990
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County Auditor
Franklin County
REVISED ESTIMATE OF COST
AND ONE-THIRD CERTIFICATE
I certify that:
1. Based on the lowest and best bid received to open, construct and
improve in the City a public street to be known as Muirfield Drive by
constructing a four lane section with a variable width grass median from the
current terminus approximately 638 feet north of the intersection of Muirfield
Drive with Sells Mill Drive and Mojave Street northerly approximately 3,650
feet to the current intersection of Muirfield Drive and Brand Road by grading,
draining, paving and installing concrete curbs and gutters, together with all
necessary appurtenances, including a bikeway and bikeway underpass,
constructing waterlines and fire hydrants, sanitary sewers and storm sewers,
and acquiring real estate and interests in real estate therefor, together with
all other necessary appurtenances in accordance with Resolution No. 50-90
adopted October 15, 1990, the aggregate revised estimate of cost of that
improvement, including the costs spec if ied in Section 727.08 of the Revised
Code and all other necessary expenditures, is $
2. The portion of that cost allocated to the City in accordance with
Resolution No. 50-90 and Ordinance No. ___-90 passed December __, 1990 and to
be paid from City funds is $ Accordingly, the remaining $
is to be assessed in accordance with Resolution No. 50-90.
3. The lowest and best bid for labor and materials was in the
aggregate amount of $
4. No special assessment for the improvement will, together with all
other special assessments levied within a period of five years preceding the
anticipated date of passage of the assessing ordinance for the improvement,
exceed one-third of the actual value of the property to be assessed for the
improvement, inc1ud ing improvements thereon, as enhanced by the improvement.
This certification is based on the estimated special assessments previously
approved by the Council and the revised estimate of cost of the improvement as
stated above.
Dated: December --' 1990
Clerk of Council
City of Dublin, Ohio
CERTIFICATE OF POSTING
I certify that I am the duly appointed, qualified and acting Clerk of
Council of the City of Dublin, and that, in accordance with its Charter, the
City provides for posting legislation in not less than three public places as
determined by Council, for a period of not less than 15 days. Resolution
No. -90, adopted December , 1990, was posted on December __, 1990,
-- and will remain so posted for a period of 15 days.
Dated: December -' 1990
Clerk of Council
City of Dublin, Ohio
CERTIFICATE OF POSTING
I certify that I am the duly appointed, qualified and acting Clerk of
Council of the City of Dublin, and that, in accordance with its Charter, the
City provides for posting legislation in not less than three public places as
determined by Council, for a period of not less than 15 days. Ordinance
No. -90, adopted December , 1990, was posted on December __, 1990,
and will remain so posted for a period of 15 days.
Dated: December --' 1990
Clerk of Council
City of Dublin, Ohio