08-91 Resolution
RECORD OF RESOLUTIONS
Dayton legal Blank Co [-arm No 30045
Resolution ,Yo, 08-91 Passed 19
A RESOLUTION TO SET FORTH A STATE-
MENT OF SERVICES TO BE PROVIDED TO
THE AREA IN A PROPOSED ANNEXATION OF
1.162 ACRES FROM WASHINGTON TOWNSHIP,
.... FRANKLIN COUNTY TO THE CITY OF DUBLIN,
OHIO AS REQUIRED BY SECTION 709.031 OF
THE OHIO REVISED CODE
WHEREAS, a petition for the annexation of 1.162 acres from Washington Township
was duly filed by James V. Maniace on behalf of Robert A. Fisher, 7660 Bellaire
Avenue, Dublin, Ohio; and
WHEREAS, a public hearing will be required before the Franklin County
Commissioners; and
WHEREAS, Section 709.031 of the Ohio Revised Code requires that, prior to said
hearing, the Municipal Authority shall adopt a statement indicating what services, if any,
the Municipal Corporation will provide to the territory proposed for annexation:
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State
of Ohio, 10 of the elected members concurring that:
Section 1. The City of Dublin will provide the following municipal services for the
1.162 acres in Washington Township, Franklin County upon the annexation of said area
to the City of Dublin, Ohio:
Police. The City provides Police and Communications service on a full twenty-four hour
basis and also has mutual aid agreements with other municipalities. The annexation area
lies approximately two miles east of Dublin's Police Division Headquarters. Dublin
operates with a minimum of three cruisers on duty. A response time of approximately
five minutes for an emergency situtation, should be expected for this area.
Fire. Fire protection is currently provided by well-staffed departments in Washington
and Perry Townships in Franklin County, and Concord Township in Delaware County.
They too have mutual aid agreements with other municipalities. This annexation would
not change fire department jurisdictional boundaries and therefore response times for fire
and emergency medical services will not be affected. The Washington Township Fire
Station is approximately one and one half miles from the annexation area and normal
response times should be approximately three minutes.
Sanitation. Residential refuse collection services are contracted by the City and are
currently provided at no additional charge.
Street Maintenance. The City has a Street Maintenance Department which provides
excellent service in the area of street and road maintenance. This department also
provides curbside leaf pick-up at no additional charge.
Section 2. The City has SEWER and WATER service area contracts with the City of
Columbus, and the subject property is within said service areas, and conditioned on the
ability of the City of Columbus to provide WATER, and to provide sufficient
SEWERAGE disposal capacity, the City will have the ability to service the area.
RECORD OF RESOLUTIONS
Dayton Legal Blank Co ,- arm No_ 30045
Resolution So, 08-91 Passed 19
Page Two
Section 3. This Resolution shall take effect and be in force from and after the earliest
period allowed by law.
~ rl/u-,/
Passed this I day of , 1991.
~~
Attest:
~d ~VL-
Cler of Council
, 'meby certify t~rlt W':!'$ cf t",'s O,Jn'lr!ce Rmk!f1on ere posted in the
City of D:!bEn in o::od:r:'.) '::":11 Sec1'cn 731,25 0 tilD OHo Revised Code.
George V. Voinovich
Governor
~~[F)~~@1
25 South Front Street
P.O. Box 899
Columbus, Ohio 43216-0899
September 18,1991
Ms. Myra A. Caplinger
Clerk of Council
City Ha 11
6665 Coffman Rd.
Dublin, Ohio 43017
RE: Franklin County - Project No. 847(91)
City of Dubl in
U. S. Route No. 33 - Section 3.92
State
Letting - October 10, 1991
Dear Ms. Caplinger:
This office is transmitting herewith the duplicate copy of the executed
co-operatJve Contract between the City,of Dublin,
Ohio, and the Director of Transportation relative to the above listed project.
Respectfully,
yt1 ~...d ~ ~/--
Mark G. Kelsey, Administrator
Bureau of Contract Sales
MGK:ASR: rcg
Enc.
c: District No. 6
File
If you have any questions, please feel free to contact Arlene S. Robinson
at 1-614-466-3209.
THE AGREEMENT HEREIN is approved
as to form pursuant to the
requirements of laW~ ..
4.t.q;~.~P.P. ~
lttorne~ eral of OhlO
..,' ~ __~~ or {
'. 19......
CONTRACT ~.......-' .......
(Chapter 5521, Ohio Revised Code)
Note: Before the signing of this contract the fiscal officer must make
and seal and file with the Legislative Authority his certificate
of funds in strict compliance with Chapter 5521, and Section
5705.41, Ohio Revised Code. The fiscal officer should record his
certificate of funds in the Legislative Authority's journal.
This contract and agreement made in duplicate this
day of 1991, by and between the Dublin,
hereinafter referred to as the legislative authority and the State of Ohio,
hereinafter referred to as the State, witnesseth:
WHEREAS, On the 20th day of May, 1991, said legislative authority adopted
legislation proposing to cooperate with the State in the highway improvement,
which is to be made by and under the supervision of the Director of
Transportation, said highway improvement being described as follows:
The upgrading of the existing guardrail by replacement
with new type 5 rai 1 and reshaping and carpacting the
adjacent gravel benm; beginning 0.16 mile south of State
Route No. 161 on U. S. Route No. 33 (Riverside Drive)
and ending 0.22 mile south at the Dublin City
corporation line. Total length of work being
approximately 0.23 mile
; and
WHEREAS, Thereafter, on the 8th day of August, 1991, the Director of
Transportation accepted the proposal of said legislative authority to cooperate
with the State in said highway improvement, said action of the Director of
Transportation being recorded in the Director's journal, volume 76 at p~ge 3
; and
WHEREAS, On the 19th day of August. 1991, the Director of Transportation
determined to make the proposed highwav improvement, when, in his judgnent,
conditions permit the advertising and awarding of a contract, therefor
: and
WHEREAS. Thereafter, on the 13th day of August. 1991, the Director of
Transportation submitted plans and estimates for said highway improvement to the
legislative authority for approval
: and
WHEREAS, Thereafter. on the dav of ,
1991. said legislative authoritv dulv adopted a final resolution, approving
211(q{) THE .A.GREEMEN'f HEREIN is approved
~s to form pursuant to the
requirements of law:
....................................
......i.tt~~ey General o:t Ohio
,,' 19,..,..
.....-............. .
CONTRACT
(Chapter 5521, Ohio Revised Code)
Note: Before the signing of this contract the fiscal officer must make
and seal and file with the Legislative Authority his certificate
of funds in strict compliance with Chapter 5521, and Section
5705.41, Ohio Revised Code. The fiscal officer should record his
certificate of funds in the Legislative Authority's journal.
This contract and agreement made in duplicate this ninth
day of September 1991, by and between the Dublin,
hereinafter referred to as the legislative authority and the state of Ohio,
hereinafter referred to as the state, witnesseth:
WHEREAS, On the 20th day of May, 1991, said legislative authority adopted
legislation proposing to cooperate with the State in the highway improvement,
which is to be made by and under the supervision of the Director of
Transportation, said highway improvement being described as follows:
The upgrading of the existing guardrail by replacement
with new type 5 rail and reshaping and compacting the
adjacent gravel benm; beginning 0.16 mile south of state
Route No. 161 on U. S. Route No. 33 (Riverside Drive)
and ending 0.22 mile south at the Dublin City
corporation line. Total length of work being
approximately 0.23 mile
; and
WHEREAS, Thereafter, on the 8th day of August, 1991, the Director of
Transportation accepted the proposal of said legislative authority to cooperate
with the state in said highway improvement, said action of the Director,of
Transportation being recorded in the Director's journal, volume 76 at page 3
; and
WHEREAS, On the 19th day of August. 1991, the Director of Transportation
determined to n1ake the proposed highway improvement, when, in his judgment,
conditions penmit the advertising and awarding of a contract, therefor
; and
WHEREAS. Thereafter. on the 13th day of August, 1991, the Director of
Transportation submitted plans and estimates for said highway improvement to the
legislative authority for approval
; and
WHEREAS. Thereafter. on the ninth day of September
,
1991, said legislative authoritv dulv adopted a final resolution. approving
.
Franklin County - city of Dublin
U. S. Route No. 33 (Riverside Drive)
Section 3.92
State
Contract - Page 2
plans, proposing to co-operate, requesting the Director of Transportation to
proceed and resolving to enter into a contract with the State in oonfonmity
with previous resolutions, providing for the payment by said legislative
authority of the estimated sum of " being the share of said legislative
authority in the total estimated cost and expense of said proposed highway
il1lJrovement
; and
WHEREAS, The Clark has reported to th i s 1 eg is 1 at i ve author i ty that
a certified copy of such Resolution has been duly transmitted to said
Director of Transportation
; and
WHEREAS, This legislative authority assumes and agrees to pay as its
share of the cost and expense of construction of said highway il1lJrovement
the sum of money hereinbefore set forth, which moneys are now available
for the purpose and as to which the fiscal office has filed with said
legislative authority a certificate that such moneys are in fund, all
as required by statute, a duplicate of which certificate has been filed
with the Director of Transportation
; and
WHEREAS, In of said legislation proposing cooperation, said legislative
authority now proposes to cooperate with the Director of Transportation in the
il1lJrovement of U. S. Route No. 33, by assuming and contributing three percent
(3%) of the total cost of the il1lJrovement. Further, the City agrees to assume
and bear the entire cost of any construction item requested by the City which is
detenmined not to be eligible for project participation.
The Director of Transportation notwithstanding the percentage basis of
contribution may allocate the money contributed in whatever manner he may
deem necessary in financing the cost of construction, rights-of-way,
engineering and incidental expenses. The total share of the cost for the City
of Dub1 in. is now estimated in the amount of Four Hundred - - - - - - - - - -
00/100 Doll ars, ($400.00), but said estimated amount is to be adjusted in order
that the City's ultimate share of the cost of said il1lJrovement shall correspond
with said percentages of actual costs when said actual costs are detenmined
; and
WHEREAS. Said legislative authority agrees that upon completion of said
il1lJrovement it will. thereafter. keep said highway open to traffic at all
times; and
(a) Maintain the il1lJrovement in accordance with the provisions of
the statutes relating thereto, and make an~le financial and
other provisions for such maintenance; and
Maintain the Right-of-way and keeo it free of obstructions in
. .
Franklin County - City of Dublin
U. S. Route No. 33 (Riverside Drive)
Section 3.92
State
Contract - Page 3
a manner satisfactory to the State of Ohio and hold said right-
of-way inviolate for public highway purposes and penmit no signs,
posters, billboards, roadside stands or other private installations
within the right-of-way limits; and
(c) Will place and maintain all traffic control devices confonming
to the Ohio Manual Unifonm Traffic Control Devices on the
improvement in compliance with the provisions of Section 4511.11
and related sections of the Ohio Revised Code; and
(d) Regulate parking in the following manner:
Prohibit parking throughout the limits of the improvement
; and
WHEREAS, Said City further agrees:
(a) That all existing street and public way right-of-way within the
City which is necessary for the aforesaid improvement shall
be made available therefor.
(b) That the City will acquire any additional right-of-way required for
the construction of the aforesaid improvement in accordance
with the applicable State and Federal Regulations and
instructions given by the State.
(c) That arrangements obtained from all public utility companies whose
lines or structures will be affected by the said improvement and
said companies have agreed to make any and all necessary plant
removals or rearrangements in such a manner as to be clear of any
construction called for by the plans of said improvement and said
companies have agreed to make such necessary rearrangements
immediately after notification by the City or the Department of
Transportation Engineer.
(d) That it is hereby agreed that the City shall at. its own expense.
make all rearrangements of water mains. service lines. fire hydrants
valve boxes. sanitary sewers, or other municipa1lv owned utilities
and/or any appurtenances thereto. which do not comply with Ohio
Department of Transportation Directive DH-P-411. whether inside
or outside the corporate limits as may be necessary to conform
to the said improvement and said rearranqements shall be done at
such time as reauested by the Department of Transportation Engineer.
(e) That the construction. reconstruction. and/or rearrangements of both
publicly and orivatelv owned utilities. referred to in subsections
(c) and (d) above shall be done in such a manner as not to interfere
.
Franklin County - City of Dublin
u. S. Route No. 33 (Riverside Drive)
Section 3.92
State
Contract - Page 3
unduly with the operation of the contractor constructing the
improvement and all back filling of trenches made necessary by such
utility rearrangements shall be performed in accordance with the
provisions of the Ohio Deparbment of Transportation Construction
and Material Specifications and shall be subject to approval
by the State.
(d) That the installation of all utility facilities on the right-of-way
shall conform with the requirements of the Federal Highway
Adninistration Policy and Procedure MerrorandLlll 30'4, "utility
Relocations and Adjustments" and the Deparbment of Transportation
rules on utility Accommodation.
(f) That the City hereby agrees to accept responsibility for any and
all damages or claims for which it is legally liable arising from
the negligence of its officers, employees or agents in the
perfonmance of the City's obligations made or agreed to in Sections
(a), (b), (c), (d), (e) and (f) hereinabove. Likewise, the state
agrees to accept responsibility for any and all damages or claims
for which it is legally liable arising from the negligence of its
officers, employees or agents in the performance of the State's
obligations made or agreed to in Sections (a), (b), (c), (d), (e)
and (f) hereinabove.
(h) Change orders and extra work contracts required to fulfill the
construction contract shall be processed as needed. The Director
of Transportation shall not approve a change order or extra work
contract until he first gives notice, in writing, to this legislative
authority. This legislative authority shall contribute its share
of these items in accordance with other sections herein. .
NCW. THEREFORE, In consideration of the foregoing and the construction of
said improvement desired and determined by the legislative authority of Dublin,
Ohio. said legislative authority herebv contracts and agrees with the State of
Ohio that it will pay, as its agreed proportion of the cost and expense of said
improvement. the estimated sum of Four Hundred - - - - - - - - - 00/100 Dollars,
($400.00), and that the same shall be paid by the proper City Officials upon the
requisition of the Director of Transportation.
~- For the City of Dublin, Ohio
I / . Cit~ ~
Attest: ,,(/ ~t--'(
(Contractual Officer(s) Signature(s)
and Title) of Dublin, Ohio.
, ,
.
Franklin County - City of Dublin
U. S. Route No. 33 (Riverside Drive)
Section 3.92
State
~ ~ Contract - Page 4 of 4 Pages
/ '
state of Ohio
Attest: ~.. ~ ~ccePted by: .~~...,...~
Dlre r 0 ansport 1 n
State of Ohio )
) Office of the Legislative Authority
Dublin, Ohio )
This is to certify that we have compared the foregoing copy and contract
with the original record thereof, found in the record of the proceedings of the
legislative authority of Dublin, Ohio, and which contract was duly
signed by the City Manager of Dublin, Ohio, on the ninth day
of September , 1991. and that the same is a true and correct copy of
the record of said contract and the action of said legislative authority
thereon.
We further certify that said contract and the actions of said legislative
authority thereon is recorded in the journal of said legislative authority
in volume nla , at page , and under date of
, 1991.
IN WITNESS WHEREOF, We have hereunto'set our hands and seal, this
ninth _day of September , 1991., /' ~"
~ 72< · V
preSiding~iCer
*SEAL ~ .-,
. './Vi r C-.-t-
erk (Secre ficio)
Legislative Authority of
Dublin. Ohio.
Note: If the fiscal officer is secretarv ex-officio of the Legislative
Authority, the f~scal officer's seal should be affixed. If
there is no seal. this fact should be stated bv separate letter
and attached hereto.
ADMIN. P.08
MANOR.
CITY OF D~BLIN DEV. DEPT. TO
14:26 FROM
AUG-16-1991 I
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LOCATION MAP
TOTAL P. 08
..;../-e-w-a...c.d.... C kn-J :sf Gi/'? I
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AUG-16-1991 14:25 FROM CITY OF DUBLIN DEV. DEPT. TO MANOR. ADMIN. P.06
'" ,
HOWARD S. ADAMS, INC.
84450 GOLLAl"IE COURT
DOBI.JN. OHIO 43017
(614) 889-2108
December 11, 1990
Mr. Terry Foegler
Development Director
CITY OF DUBLIN
5131 Post Road
Dublin~ Ohio 43017
nE: Complete General Construction CO. property
Dear Mr. Foeg1er:
This letter' is to confirm the phone conversation we had
yesterday. AS you know, "e have been working for sometime to
de~elop the 140 + or - acres OWPed by Complete General
Construction Co. that lies north of Summit View Road and west of
Sawmill Road. Approxi~tely half of these acres lie within the
corporate boundaries of the City of Dublin and half in Delaware
County_
Our plans call for a large lot development. around a lake of
some twenty-five acres. Since it is impossible to develop half
a lake and since there are no plans by the City of Dublin to
extend sanitary sewers to this area in the foreseeable future,
we have requested of the Delaware County Connnission~rs
permission to drain all of these acres into their sanitary sewer
system. The Commissioners have agreed subject to reaching an
agre~ent to do so with the City of Dublin.
It is my undel."stanaing, after talking with Dan Drake of the
City Attorneys Office of the C.ity of Columbus, that the proposed
Contraot between the City of Columbus and the City of Dublin
p~ovides that the City of Columbus be the sole provider of
sanitary sewer se~ice to the City of Dublin.
However, since there are no future plans to extend sewers
to this area and since it would be extremely costly to do so
because of the relatively small area to be served, we are
requesting that an exception be made to the Contract to allow
the small number of lote in this traot to be served by Delaware
County Sewers.
<<.~ ;:il~ ,,-In
AUG-16-1991 14:25 FROM CITY OF DUBLIN DEV. DEPT. TO MANOR. ADMIN. P.07
. .,.
December 11, 1990
Mr. Terry Foegler
Page 2
It is my understanding, after talking to Mr. Drake, that
the City of Columbus would have no objection to such an
e~ception in the Contract and I am writing this to you with a
copy to Mr. Drake and to Steve Smith, Dublin's attorney, so that
such language may be made a part of the COntract.
I sincerely believe this would be in the best interest of
all concerned since it would allow us to proceed with a high
quality residential development which would have a gravity
sanitary sewer system.
Again, please include this exception in your Contract.
Sincerely,
01/ ..p cl'& ~~b."-
/v ~
Howard S. Adams
cc; Dan Drake
steve Smith, Esq.
AUG-16-1991 14:24 FROM CITY OF DUBLIN DEV. DEPT. TO MANOR. ADMIN. P.05
. ,
< ,
I" \. ~iH'
.. . .
C I T y 0 F D U B L I N
Office 01 CIty Manager
June 12, 1990
Mr. Howard Adams
8445 Gullane Court
Dublin~ Ohio 43017
Deat" Mr. Adams:
This is in response to your request tlutt the City of Dublin
consider allowing you~ development which is north of SUDJm:ltview
Road to be diverted for sanitary sewer service to the Delaware
County Sanitary Sewer System. Your request has been reviewed
by both myself and Terry Foegler, our Development Director, and
we have had discussions witb tbe City of Columbus in this
regard as well. As you know, our present contract with the
C1.ty of COlumbus would allow for the approval of your request,
our only concern has been that any newly negotiated contract
with Columbus also contain language so that we would have the
opportunity to approve such a request as well.
In a recent meeting vith the City of Columbus, the preliminary
indication is that that would be the ease, therefore, I am
willing to give a preliminary approval so that you can begin
with planning and :t do fully anticipate that working; in cooper-
ation with the City of Columbus, we will be able to ultimately
give you final approval of your request.
Should you need additional information in this regard, please
do not hesitate to contact me.
,
Sincerely,
Timothy C. Hansley
City Manager
TCR/mc
6865 Coffman ROiild Dublin. Ohio 430 17 614.161.6500
AUG-16-1991 14:23 FROM CITY OF DUBLIN DEV. DEPT. TO MANOR. ADMIN. P.03
.".....* *"'.. City of Columbu$ Public Utilities and Aviation Department
: -.... Mayo' Dana G. A,..hart
... * G. Raymond Lorello. Director
. QI) * June 14/ 1991
ojI&. I' .....
~ ;<
~ ......"f
t'~~./I"'-i<f" f"
..I:ff
~
Howard Adams
8445 Gullane court
Dublin, Ohio 43017
Re: Proposed Development
Deal:" Mr. Adalns:
'this letter is to aavise you that the Division of Water will pro-
vide water service to the propet;"ty owned by Complete General on
the north side of Summit View Road, west of Sawmill Road.
If you have any questions, please advise.
.rs,
.I'
t P.E.
, .
JRO:kk
pc; Dir. Lorello
File
uuu,'" CCImpIU SGlid WlIIIle RtIdUImlIll f'edlltr ~~
910 Dubltn ~ Calumbus, 0Ili0 G!15-111! tlSIJOJzban PiIl6 6'41$4$03147 Part Calumbvllullo.....dIOIlII Airport &141239-4C1QO
Ooll,llTlbl.l$, Ohio 43223 FAX 6141$4S-3&54 FAX G~4I239-<I066
DlnoclDr'. 011I08 6141645-6141 48QO InIllm8IIontII Oel1lW8y
~~ DhisIon 614/645-8371 ~ 0lIi0 43219
~ _ DrII\rIage DIY\IIOn 814/645-7175
Water P\YI8ICIn $14Ie45aT020 IkIIton F1IltI AIrpart 6141645-3634
F.u6141~1 ~ NGnIlII R!lIIIl. CIIIUmlIU8, 0111o ~
The City of Columbus is an Equal Opponunity Employer
AUG-16-1991 14:24 FROM CITY OF DUBLIN DEV. DEPT. TO MANOR. ADMIN. P.04
... .. ir *.... City of COlumbus Public Utilities and Aviation Department
..w. "-.........-
. .. G. Raymond Lorello, Director
off .
~ . rn 00
~ ~
~ ~
-'1'~:f4~fJ'~ APR 2 4 1991
Aprl1 1&. 1991
Mr. Howard S. AdllU
8445 GUlllH Ct.
Dubltn. Oh'o 43017
Dear Mr. Adams:
SUBJECT: COMPLETE GENERAL PROPERTY (+ or - 70 ACRES) - DUBLIN, OHIO
This letter 1s in response to your request to allow the above referenced
tract, within the C1ty of Dub11n to be serviced for sanitary "wlr by Oelawar.
County. The City of Columbus has no object10n, to th1s request. although the
property 1s 1n Frankl1n COunty. He have taken steps to allow this situation
," our recent contract discussions with Dub11n.
This property w111 continue to be served by the Columbus water system,
through the C1ty of Dub11n. , .
If you haye any quest10ns regard1ng this matter please c:a 11 Deputy
D1rector J1m Joyce at 645-6141.
Sincerely,
J1.~~
G. Raymond Lorello
Direc~or
GRL:3PJ:jbe
pc: Mr. 30yce
Mr. Merritt
Mr. Francts
Mr. Doutt /
Mr. Foegler, Development D1rector. Dubltn
f11e
.....~ ......... ........ ........ DMIIiIIIIIl
InO DvIIIIn R4*, COhIlIItIIN, OhIo 4S2tS.tI1$ ~..I11Ol1101l PI" ~7 ..c.e-e.u. ..L............. .1~
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.....DMeIOII 11~102O IOftOft FIIId~ 11~
1Wt1l141G4548Ot 2ODO Norton Flo4Icl. eotlIIlItIM, 0fII(l43128
---....
AUG-16-1991 10:28 FROM CITY OF DUBLIN DEV. DEPT. TO MANOR. ADMIN. P.01
-!o; ~
~OpA'. ~
- , ,
C 1 T Y 0 F 0 U B L I N ,_. ___
Office of the Direetor of Devefotlmfml
.July 31. 1991
Mr. Howard Adams
8445 Gullimc' Court
Dublin, OR 43017
Dear Mr. Adams:
This letter is a follow-up to Mr. Hansley.s June 12, 1990 letter referencing sanitaIy
sewer service to the property owned by Complete General on the north side of Summit View
Road, west of Sawmill Road. This site is Iocated within both the City of DublinlFm1klin
County and Delaware County. It is our understanding that you desire the City of Dublin to
provide water service to the Dublin portion of this sire, but are requesting that sanitmy sewer
service be provided by Delaware County. Since neither the City of Columbus nor the City of
Dublin objects to this arrangement, we are willing to approve the release of the Dublin portion,
of this tract to Delaware County for the purpose of providing sanitary sewer service. As I
indicated to you previously, this action may require some type of final Council approval or
authorization based upon the specific arrangements which will need to be made to accomplish
the release of service area.
As I am sure you are aware, aU of the normal City regulations and codes which affect
the development of this property are still applicable. If you have any additional questions,
please feel free to give me a call at 761-6580.
Sincerely,
~~
Assistant City Manager!
Director of Development
TDF:tsb
cc: Tim Hansley ..
5131 Post Rd. Suite #705 Dublin, Ohio 43017 614.701.6580 f. A)(. 6 1 4. 76 1 . 8 5 6 6
TOTAL P.01
I~
MEMORANDUM
TO: Members of Dublin City Council
FROM: Timothy C. Hansley, City Manager!-;;eLru/~-'
SUBJECT: Resolution releasing territory to Delaware County
for the purpose of providing sanitary sewer.
DATE: August 16, 1991
It is my intention to present the attached resolution at your
Monday night meeting. I hope you will give favorable
consideration to adding it to your agenda.
Howard Adams contacted me immediately after the packets were
sent out yesterday and, therefore, this item just missed your
formal agenda. He is against a deadline on this project and
Delaware County is requesting a sense of Council on this matter
before they will proceed any further with negotiations between
City staff and Howard Adams.
The primary issue should be fairly apparent based on the
attached correspondence. This land lies in both Franklin and
Delaware Counties and can be serviced more logically and
economically by Delaware County for sewer and Dublin, through
our Columbus contract, for water. Everyone is in general
agreement with this concept and we are now attempting to work
out the final details.
If you have any questions prior to Monday night, please give me
a call.
Also, I may be a few minutes late to the meeting because the
Village of Plain City has asked that I speak to their Council at
7:00 P.M. Monday regarding the procedures required to adopt a
charter form of government. If I do run late, Terry Foegler
will cover my absence.
TCH/llg
. /-'1- q }
FIN A L RES 0 L UTI 0 N
Adopting plans;
Proposing to co-operate;
Requesting Director to proceed;
(Chapter 5521, Ohio Revised Code)
Mr. SlIf"phpn , moved the adoption of the following Resolution:
WHEREAS, At a meeting of the legislative authority of Dublin,
Ohio, held in the office of said legislative authority on this 9th day
of Sppf"pmhpr , 1991, a quorum being present, the improvement of U. S.
Route No. 33 (Riverside Drive), under the provisions of Chapter 5521, Ohio
Revised Code, came on for further consideration; said portion of highway as
described in the legislation proposing cooperation with the Director of
Transportation, enacted on the 20th day of May, 1991, being described as
fo 1 lows :
The upgrading of the existing guardrail by replacement
with new type 5 rail and reshaping and compacting the
adjacent gravel benm, 0.16 mile south of State Route No.
161 on U. S. Route No. 33 (Riverside Drive) and ending
0.22 mile south at the Dublin City corporation line.
Total length of work being approximately 0.23 mile
; and
WHEREAS, In of said legislation proposing cooperation, said legislative
authority proposes to cooperate with the Director of Transportation in the
improvement of U. S. Route No. 33 (Riverside Drive), by assuming and
contributing three percent (3%) of the total cost of the improvement. Further.
the City agrees to assume and bear the entire cost of any construction item
requested by the City which is detenmined not to be eligible for project
part icipat ion. .
The Director of Transportation notwithstanding the percentage basis of
contribution may allocate the money contributed in whatever manner he may deem
necessary in financing the cost of construction, rights-of-way, engineering and
incidental expenses. The total share of the cost for the City of Dublin, is now
estimated in the amount of Four Hundred - - - - - - - - - -00/100 Dollars,
($400.00). but said estimated amount is to be adjusted in order that the City's
ultimate share of the cost of said improvement shall correspond with said
percentages of actual costs when said actual costs when said actual costs are
detenmined
; and
WHEREAS. The Director of Transportation has approved said legislation
proposing cooperation and has caused to be made plans and specifications and an
estimate of cost and expense for improving the above described highway and has
transmitted copies of same to this legislative authority
. .
Franklin County - City of Dublin
U. S. Route No. 33 (Riverside Drive)
Section 3.92
State
Final Resolution - Page 2
; and
WHEREAS, This legislative authority desires the Director of Transportation
to proceed with the aforesaid highway improvement.
Now, Therefore, Be It Resolved:
I. That the section of highway above described be improved under
the provisions of aforesaid law. That sa i d work be done under
the charge, care and superintendence of the Director of
Transportation and that said plans, specifications and estimates
for this highway improvement as approved by the Director of
Transportation are hereby approved and adopted by this
legislative authority.
II. Change orders and extra work contracts required to fulfill the
construction contract shall be processed as needed. The
Director of Transportation shall not approve a change order or
extra work contract until he first gives notice, in writing, to
this legislative authority. This legislative authority shall
contribute its share of the cost of these items in accordance
with other sections herein.
III. That this legislative authority is still of the opinion the
proposed work on the described highway should be constructed,
and that we should co-operate on the basis set forth in our
propos a 1 .
IV. That the estimated sum of Four Hundred - - - - - - - - - -00/100
Dollars, ( $400 . 00) . is hereby appropriated for improving the
highway described above. and the fiscal officer is hereby .
authorized and directed to issue his order on the treasurer for
said sum upon the requisition of the Director of Transportation
to pay the cost and expense of said improvement. We hereby
agree to assune, in the first instance. the share of the cost
and expense over and above the amount to be allocated from State
Funds.
V. That the installation of utility facilities on the right-of-way
shall conform with the reauirements of the Federal Highway
Adninistration Policy and Procedure Merrorandun 30-4, "utility
Relocations and Adjustments" and the Department of
Transportat ion ru 1 es on ut i 1 ity ,Accarm:>dat ion.
VI, That it is hereby agreed that the City, at its own expense. make
all rearrangements of water mains. service lines. fire hydrants.
valve boxes. sanitary sewers. or other municipally owned
utilities and/or anv appurtenances thereto, which do not comply
with Ohio Department of Transportation Directive DH-P-411.
.
.
whether inside or outside the corporate limits as may be
necessary to confonm to the said improvement and said
rearrangements shall be done at such time as requested by the
Department of Transportation Engineer.
VII. That traffic control signals will be installed on the project
only when recommended by a study of roadway and traffic
conditions by a traffic engineer or when at least of the
warranting conditions specified in the Ohio Manual of Unifonm
Traffic Control Devices is met and the municipality does hereby
agree to place and maintain all traffic control devices
confonming to the Ohio Manual of Unifonm Traffic Control Devices
on the improvement in compliance with the provisions of Section
4511.11 and related sections of the Ohio Revised Code.
VIII. That the rights-of-way provided for said improvement shall be
held inviolate for public highway purposes and no signs,
posters, billboards, roadside stands or other private
installations shall be penmitted within the right-of-way limits.
IX. That this legislative authority of Dublin, Ohio, hereby requests
the Director of Transportation to proceed with the aforesaid
highway improvement.
X. That this legislative authority of Dublin, Ohio, shall enter
into a contract with the Director of Transportation providing
for the payment by said legislative authority of the estimated
sum of Four Hundred - - - - - - - - - 00/100 Dollars, ($400.00),
the agreed proportion of the cost and expense to be borne by
Dublin, Ohio, for the improvement of the hereinbefore described
highway.
XI. That the Clerk of this legislative authority be, and he is
hereby directed to transmit to the Director of Transportation a
certified copy of these Resolutions.
XII. This Resolution is hereby declared to be an emergency measure by
reason of the need for expediting construction of project(s) to
promote highway safety, and provided it receives the affinmative
vote of two-thirds of the members elected to the legislative
authority, it shall take effect and be in force immediately upon
its passage and approval by the Mayor; otherwise, it shall take
effect and be in force from and after the earliest period
a 11 owed by 1 aw .
Thereupon. Mr. __ Amorose seconded the said motion; and
upon the roll being called. the result of the vote was as follows:
Vote on suspension of the rule requiring an ordinance to be fully and
distinctlv read on three different days:
(Requires a vea vote by three-fourths of all elected members)
Yeas 7 Nays 0
.
.
.
Franklin County - City of Columbus
U. S. Route No. 33 (Riverside Drive)
Section 3.92
State
Final Resolution - Page 5 of 5 Pages
We further certify that said Resolution and the action of said
legislative authority thereon is recorded in the journal of said
legislative authority in volume n/a . at page . and
under date of , 1991.
IN WITNESS WHEREOF, We have hereunto set out hands and seal, this
day of September 9
*SEAL
Legislative Authority of
Dub 1 in, Oh i 0 .
*Note: If the fiscal officer is secretary Ex-Officio of the Legislative
Authority, the fiscal officer's seal should be affixed. If there
is no seal this fact should be stated by separate letter and
attached hereto.
.
.
Franklin County - City of Dublin
u. S. Route No. 33 (Riverside Drive)
Section 3.92
State
Final Resolution - Page 4
Vote on emergencv clause: Yeas 7 Nays 0
Passed: September 9 , 1991. Yeas 7 Nays 0
As An 6mergency Measure.
Passed: , 1991. ;;L~'
Attest k
ayor
Attest:
Presiding Officer of the
Legislative Authority
state of Ohio )
) Office of the Legislative Authority
Dublin. Ohio )
This is to certifv that we have compared the foregoing copy and
Resolution with the original record thereof, found in the record of
the proceeding of the legislative authority of Dublin, Ohio, which
Resolution was duly passed by said legislative authority of Dublin,
Ohio, on the ninth day of ~tember . 1991, and that the
same is a true and correct copy of the record of said Resolution and the
action of said legislative authority thereon.
.
-..
,.~
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o~
FISCAL OFFICER'S CERTIFICATE
(Chapter 5521 and Section 5705.41, Ohio Revised Code)
I hereby certify that the money, to wit: $ 400. 00 ,
required for the payment of the cost other than that part thereof assumed by the
State of Ohio, for the improvement of that portion of U. S. Route No. 33 (Riverside
Drive), lying within the corporate limits of the City of Dublin, more particularly de-
scribed as follows:
The upgrading of the existing guardrail by replacement with new type 5 rail and
reshaping and compacting the adjacent gravel berm, beginning 0.16 mile
south of State Route No. 161 on U. S. Route No. 33 (Riverside Drive) and
ending 0.22 mile south at the Dublin City corporation line. Total length
of work being approximat1ey 0.23 mile
has been lawfully appropriated for such purpose and is in the treasury to the credit
of, or has been levied, placed on the duplicate and in process of collection for the
appropriate fund, and not appropriated for any other purpose; or is being obtained
by sale of bonds issued on account of said improvement, which bonds are sold and in
process of delivery.
I further certify that this certificate was made, sealed and filed with the
legislative authority of the City of Dublin , Ohio, after said
legislative authority passed the final resolution in connection with the within
described project; and that this certificate was forthwith recorded in the record
of proceedings of said legislative authority, namely:
Legislative Authority's Journal, volume , at Page .
IN WITNESS WHEREOF, I have hereunto set my hand and official seal as said
fiscal officer, this \ (j'L, day of l-J ~ ~ \ ~ Vv--..\:J~"~- , 19 91 .
(Fiscal Officer's Seal)
\\~ ~ ~ ~~ L
<:'>--,-,,,/ "'- 0, j~-cc "-<.~' t~
Fiscal Officer of Dublin , Ohio.
If you have any questions, please feel free to contact Arlene S. Robinson
at 614-466-3209.
District No. 6 .
George V. Volnovlch
Governor
@}illID ~~~ @1.F ~~
25 South Front Street
P.O. Box 899
Columbus, Ohio 43216-0899
August 19, 1991
Michael C. Flynn
District Deputy Director
Ohio Department of Transportation
400 East William Street
Delaware, Ohio 43015
t: Ri chard Lyndes
e: Franklin County - City of Dublin
u. S. Route No. 33 - Section 3.92
State
Dear Mr. Lyndes:
This 0ffice is transmitting herewith the following suggested final legislation
for the City of Dublin , relating to the subject project:
a - 1 copy Approximate Estimate (to be retained by the political sub-division)
b - Certified copy of the Director's Certificate of Jounalization
~- 3 copies Final Resolution
~- 1 original and 1 copy Fiscal Officer's Certificate
e - 3 copies Contract
f - 1 original and 3 copies of Official Highway Invoice No. 7822
(Plans and a Specification Book have been sent to you for the political
~ sub-division)
~ems c, d, and e are required to be executed in this chronological o~der to
omply with Section 5705.41 and Chapter 5521, Ohio Revised Code.
When the legislation has been properly executed, one copy of item c, the duplicate
copy of item d, two copies of item e and one original of item f together with
the invoiced amount, must be returned to this office.
Page 1 of 2 Pages
Franklin County - City of Dublin
U. S. Route No. 33 - Section 3.92
State
~ copy of items c, e and f may be retained by you for the District files.
ince it is contemplated to schedule this project for )ptting. October 10, 199/
and since the executed legislation must bear the approval of the Attorney General,
prior to advertisinr for bids, these papers must reach this office not later
than September 12, 991. -
~
Respectfully,
f'YJ~ --M. ~ /~-J
Mark G. Kelsey, Administra r
Bureau of Contract Sales
MGK:ASR:asr
c: City of Dublin /
Thomas McPherson
Ken Linger
File
*The Attorney General will not approve the foregoing contract unless the
~OWing seals are properly affixed:
1 Certificate of funds (Fiscal Officer's Seal)
. Contract - Certificate of County and/or Corporation Seal). In the event
there is no such seal, a letter to that effect from the proper body is required.
CROW AGREEMENTS ARE NOT APPLICABLE ON PROJECTS RE UIRING A LOCAL DEPOSIT
OF 5,000.00 OR LESS.
f you have any questions, contact Arlene S. Robinson at 1-614-466-3209:
Or1i. and 2 cc to Deb~Qr: -,-
OHIO DEP ART~NT OF TRANSPORT All (If. CR.
lee to District
lee Contract Sales ACCOUNT RECEIV ABLE 7822
3ce '.~o H" 'ay Auditor I NVO'Cf NO
- -..---"--- ---
lee to S, ,.;! Audl tor
CS-2-74 MAKE CHECK PAY A81 ( 10, [) IV ISlllN NO C.O.
TREASURE~ 01 !>TAn. --....-- . . - -"- . - -.-- . - .".--
I PLEA5EENCLOSE Department of Transportatton
issued by BUTf'aU of Contrilct Salee;
ONE COpy OF THIS AND MAil TO: .
INVOICE TO toEN- Mark G. Kelsey Columbus
T1FY YOUR REMIT- Bureau of Contract Sales A T ,OHIO
T ANC!. a.. J18. Departaent of Transportation August 19
25 S. FRONT Sf REEl ON 019 --2l
--- COLUMBUS, OHIO "371S
PROJECT DESIGNATION State
TQ Nannette Metz ()r. : Franklin County - City of Dublin
Finance Director U. S. Route No. 33 - Section 3.92
Dublin, Ohio 43017 IONT~. ;"0. .E, E
,
CREDIT FUNn. YfA~ 19 92
.
FOLD HERE TO fIT WINOO.., fNVflOPE. 'h, -.-.. ... ----- -- . ".-.. ---. .-.
If you have any questions, please feel free to contact Arlene S. Robinson at 614-466-3209.
PROPOSAL OF PARTICI'. TION TYPE OF AGREEMENT AMOUNT
- .-
For the improvement of that portion of U. S. Route No. 33, $400.00
lying within the corporate limits of the City of Dublin,
mroe particularly described as follows:
The upgrading of the existing guardrail by replacement
with new type 5 rail and reshaping and compacting the
adjacent gravel berm, beginning 0.16 mile south of State
Route No. 161 on U. S. Route No. 33 (Riverside Drive)
and ending 0.22 mile south at the Dublin City corporation
line. Total length ~rk being approximately
0.23 mile
Original & 2cc City
District (6) Engineer .
Adm., Bur. of Con. Sales
Accts. Rec.
Inv. File
John Hansley
--------..----.----...---." .- 0_.'__'_'- ___
Totol A"'..unl n\le $400.00
--"----. .-.--- -.-.. .--. .-- - .~_. ..__. - _. p- ".. - --- ,_ _ . _ , _L--____ ,______._
- - -- ----------.-.---... -'.-- ._--._-. --..-.------ _... __. ___ .__ 0______-- _. _ _ _ _ _ _
API'ROVED FOR PAYMENT
Signature
OHiu DEPARTMENT OF TRANSPORTA1'lON
Title
BY
Date
---- --
Or1i. and 2 cc to Deb~Qr: -'-
OHIO DEP ARTf€NT OF TRANSPORTATI<Ji. CR.
lee to D1etriet
.lee Contract Sale. ACCOUNT RECEIV ABLE 7822
3cc '.1;0 H' 'y Auditor I HI/Olef NO
- ....---.--- _.-
lee to S, 0:: Audi tor
CS-2-74 MAKE CHEC'K PAY ABl r 10: OlVI..,llN NO C.O.
TREASURE~ 01 HA H ..._._- . . - - . - -.- --....-
I PLEASE ENCLOSE Department of Transportation
lsslIeJ bV BIITt'au of Contr4lcl S..les
ONE COpy OF THIS AND MAIL TO: '
INVOICE TO IDEN- Mark G. Kelsey Columbus
T1FY YOUR REMIT- Bureau of Contract Sales A T ,OHIO
T ANC!. a.. J18, Department of Transportation August 19 -2.!
25 S. FRONT 5 rREEl' ON 019
._--- COLUMBUS, OHIO "311S
PROJECT DESIGNATION State
TO: Nannette Metz PI.: Franklin County - City of Dublin
Finance Director U. S. Route No. 33 - Section 3.92
Dublin, Ohio 43017 rONTR. i"O, ,e, E
CREDIT FUNO. YE"R 19 92
.
, _ FOLD HERE TO fIT WINDO.. fNVfLOPE. ,... ._--. . .. -----. .+ - -..P' _._. .."
If you have any questions, please feel free to contact Arlene S. Robinson at 614-466-3209.
PROPOSAL OF PARTICIP. TION TYPE OF AGREEMENT AMOUNT
- ,-
For the improvement of that portion of U. S. Route No. 33, $400.00
lying within the corporate limits of the City of Dublin,
mroe particularly described as follows:
The upgrading of the existing guardrail by replacement
with new type 5 rail and reshaping and compacting the
adjacent gravel berm, beginning 0.16 mile south of State
Route No. 161 on U. S. Route No. 33 (Riverside Drive)
and ending 0.22 mile south at the Dublin City corporation
line. Total length ~k being approximately
0.23 mile
: Original & 2cc City
District (6) Engineer .
Adm., Bur. of Con. Sales
Accts. Rec.
Inv. File
John Hansley
- ______...____.____ ,~.__. 0" ._ .-.---.-.-.----
Totol "m"unl rlue $400.00
--"----. ------ .__.. ..-" ..- - .--. .._- - _..- -.. - --- __ _. _ _L-__,_ ,______,_
------------ ------- --.----.-. -.- -- .--..--. -_. ---- --.-- -.. ._-. --- --- --------_. -- - - - - - -
AP~RO.,EO FOR PAYMENT
,
,
Signature
OHIO DEPARTMI-:NT OF TRANSPORTAl' iON
Title
q BY
Date
~:
-----
OHIO DEPARTMENT OF TRANSPORTATION
CERTIFICATE OF JOURNALIZATION
I hereby certify that the Director of Transportation of Ohio, in compliance
with Section 5521.04, Ohio Revised Code, approved legislation enacted on
May 20 , 19 91 ,by the legislative
authority of the City of Dublin , Ohio, which legislation pro-
posed cooperation with the Director of Transportation of Ohio in the improvement of
that portion of U. S. Route No. 33, lying within the corporate limits of the
City of Dublin, more particularly described as follows:
The upgrading of the existing guardrail by replacement with new type
5 rail and reshaping and compacting the adjacent gravel berm, beginning 0.16
mile south of State Route No. 161 on U. S. Route No. 33 (Riverside Drive)
and ending 0.22 mile south at the Dublin C'ity corporation line. Total
length of work being approximately 0.23 mile
and that said approval was entered on the Director1s official journal in
76 3 August 8
Volume , Page , under date of ,
19 91 .
If you have any questions, please feel free to contact Arlene S. Robinson
at 614-466-3209.
-
CONTRACT
(Chapter 5521, Ohio Revised Code)
Note: Before the signing of this contract the fiscal officer must make
and seal and file with the Legislative Authority his certificate
of funds in strict compliance with Chapter 5521, and Section
5705.41, Ohio Revised Code. The fiscal officer should record his
certificate of funds in the Legislative Authority's journal.
This contract and agreement made in duplicate this ninth
day of September 1991, by and between the Dublin,
hereinafter referred to as the legislative authority and the State of Ohio,
hereinafter referred to as the State, witnesseth:
WHEREAS, On the 20th day of May, 1991, said legislative authority adopted
legislation proposing to cooperate with the State in the highway improvement,
which is to be made by and under the supervision of the Director of
Transportation, said highway improvement being described as follows:
The upgrading of the existing guardrail by replacement
with new type 5 rai 1 and reshaping and compacting the
adjacent gravel benm; beginning 0.16 mile south of State
Route No. 161 on U. S. Route No. 33 (Riverside Drive)
and ending 0.22 mile south at the Dublin City
corporation line. Total length of work being
approximately 0.23 mile
; and
WHEREAS, Thereafter, on the 8th day of August, 1991, the Director of
Transportation accepted the proposal of said legislative authority to cooperate
with the state in said highway improvement, said action of the Director,of
Transportation being recorded in the Director's journal, volume 76 at page 3
; and
WHEREAS, On the 19th day of August. 1991, the Director of Transportation
detenmined to make the proposed highway improvement, when, in his judgment,
conditions penmit the advertising and awarding of a contract, therefor
: and
WHEREAS. Thereafter. on the 13th day of August, 1991, the Director of
Transportation submitted plans and estimates for said highway improvement to the
legislative authority for approval
: and
WHEREAS. Thereafter. on the ninth day of September ,
1991. said legislative authoritv dulv adopted a final resolution, approving
t
Franklin County - city of Dublin
u. S. Route No. 33 (Riverside Drive)
Section 3.92
State
Contract - Page 2
plans, proposing to co-operate, requesting the Director of Transportation to
proceed and resolving to enter into a contract with the State in confonmity
with previous resolutions, providing for the payment by said legislative
authority of the estimated sum of " being the share of said legislative
authority in the total estimated cost and expense of said proposed highway
ilT'Provement
; and
WHEREAS, The Clark has reported to th i s 1 eg i slat i ve author i ty that
a certified copy of such Resolution has been duly transmitted to said
Director of Transportation
; and
WHEREAS, This legislative authority assumes and agrees to pay as its
share of the cost and expense of construction of said highway ilT'Provement
the sum of money hereinbefore set forth, which moneys are now available
for the purpose and as to which the fiscal office has filed with said
legislative authority a certificate that such moneys are in fund, all
as required by statute, a duplicate of which certificate has been filed
with the Director of Transportation
; and
WHEREAS, In of said legislation proposing cooperation, said legislative
authority now proposes to cooperate with the Director of Transportation in the
ilT'Provement of U. S. Route No. 33, by assuming and contributing three percent
(3%) of the total cost of the ilT'Provement. Further, the City agrees to assume
and bear the entire cost of any construction item requested by the City which is
detenmined not to be eligible for project participation.
The Director of Transportation notwithstanding the percentage basis of
contribution may allocate the money contributed in whatever manner he may
deem necessary in financing the cost of construction, rights-of-way,
engineering and incidental expenses. The total share of the cost for the City
of Dubl in. is now estimated in the amount of Four Hundred - - - - - - - - - -
00/100 Dollars, ($400.00), but said estimated amount is to be adjusted in order
that the City's ultimate share of the cost of said improvement shall correspond
with said percentages of actual costs when said actual costs are detenmined
; and
WHEREAS. Said legislative authority agrees that upon completion of said
improvement it will. thereafter. keep said highway open to traffic at all
times; and
(a) Maintain the improvement in accordance with the provisions of
the statutes relating thereto, and make an~le financial and
other provisions for such maintenance; and
Maintain the Right-of-way and keep it free of obstructions in
-
v
Franklin County - City of Dublin
U. S. Route No. 33 (Riverside Drive)
Section 3.92
State
Contract - Page 3
a manner satisfactory to the State of Ohio and hold said right-
of-way inviolate for public highway purposes and penmit no signs,
posters, billboards, roadside stands or other private installations
within the right-of-way limits; and
(c) Will place and maintain all traffic control devices confonming
to the Ohio Manual Unifonm Traffic Control Devices on the
improvement in compliance with the provisions of Section 4511.11
and re 1 atec! sect ions of the Oh i 0 Rev i sed Code; and
(d) Regulate parking in the following manner:
Prohibit parking throughout the limits of the improvement
; and
WHEREAS, Said City further agrees:
(a) That all existing street and public way right-of-way within the
City which is necessary for the aforesaid improvement shall
be made available therefor.
(b) That the City will acquire any additional right-of-way required for
the construction of the aforesaid improvement in accordance
with the applicable State and Federal Regulations and
instructions given by the State.
(c) That arrangements obtained fram all public utility companies whose
lines or structures will be affected by the said improvement and
said companies have agreed to make any and all necessary plant
removals or rearrangements in such a manner as to be clear of any
construction called for by the plans of said improvement and said
companies have agreed to make such necessary rearrangements
immediately after notification by the City or the Department of
Transportation Engineer.
(d) That it is hereby agreed that the City shall at, its own expense,
make all rearrangements of water mains, service lines. fire hydrants
valve boxes. sanitary sewers, or other municipally owned utilities
and/or any appurtenances thereto. which do not comply with Ohio
Department of Transportation Directive DH-P-411. whether inside
or outside the corporate limits as may be necessary to conform
to the said improvement and said rearrangements shall be done at
such time as reauested by the Department of Transportation Engineer.
(e) That the construction, reconstruction, and/or rearrangements of both
publicly and orivately owned utilities. referred to in subsections
(c) and (d) above shall be done in such a manner as not to interfere
.
Franklin County - City of Dublin
u. S. Route No. 33 (Riverside Drive)
Section 3.92
State
Contract - Page 3
unduly with the operation of the contractor constructing the
improvement and all back filling of trenches made necessary by such
utility rearrangements shall be performed in accordance with the
provisions of the Ohio Department of Transportation Construction
and Material Specifications and shall be subject to approval
by the State.
(d) That the installation of all utility facilities on the right-of-way
shall confonm with the requirements of the Federal Highway
Adninistration Policy and Procedure Marorandun 30'4, "utility
Re locat ions and Adjustments" and the Department of Transportat ion
rules on utility Accommodation.
(f) That the City hereby agrees to accept responsibility for any and
all damages or claims for which it is legally liable arising from
the negligence of its officers, employees or agents in the
performance of the City's obligations made or agreed to in Sections
(a), (b), (c), (d), (e) and (f) hereinabove. Likewise, the state
agrees to accept responsibility for any and all damages or claims
for which it is legally liable arising from the negligence of its
officers, employees or agents in the performance of the State's
obligations made or agreed to in Sections (a), (b), (c), (d), (e)
and (f) hereinabove.
(h) Change orders and extra work contracts required to fulfill the
construction contract shall be processed as needed. The Director
of Transportation shall not approve a change order or extra work
contract until he first gives notice, in writing, to this legislative
authority. This legislative authority shall contribute its share
of these items in accordance with other sections herein. .
NCW. THEREFORE, In consideration of the foregoing and the construction of
said improvement desired and detenmined by the legislative authority of Dublin,
Ohio. said legislative authority hereby contracts and agrees with the State of
Ohio that it will pay, as its agreed proportion of the cost and expense of said
improvement. the estimated sun of Four Hundred - - - - - - - - - 00/100 Dollars,
($400.00). and that the same shall be paid by the proper City Officials upon the
requisition of the Director of Transportation.
Attest' 11;1d II (JAh For the City of Dublin, Ohio
~~~-
Citv Manager
(Contractual Officer(s) Signature(s)
and Title) of Dublin. Ohio.
.~
~
Franklin County - City of Dublin
U. S. Route No. 33 (Riverside Drive)
Section 3.92
State
Contract - Page 4 of 4 Pages
State of Ohio
Attest: Accepted by:
Director of Transportation
State of Ohio )
) Office of the Legislative Authority
Dub 1 in, Oh i 0 )
This is to certify that we have compared the foregoing copy and contract
with the original record thereof, found in the record of the proceedings of the
legislative authority of Dublin, Ohio, and which contract was duly
signed by the City Manager of Dublin, Ohio, on the ninth day
of September , 1991. and that the same is a true and correct copy of
the record of said contract and the action of said legislative authority
thereon.
.
We further certify that said contract and the actions of said legislative
authority thereon is recorded in the journal of said legislative authority
in voll.l1le n/a , at page , and under date of
, 1991.
IN WITNESS WHEREOF. We have hereunto set our hands and seal, this
ninth day of September X 1~ . ~.
--J-;n If ~...cZ /'I
:// presi d i Off icer
*SEAL ,
Legislative Authority of
Dublin. Ohio.
Note: If the fiscal officer is secretary ex-officio of the Legislative
Authority. the fiscal officer's seal should be affixed. If
there is no seal. this fact should be stated bv separate letter
and attached hereto.