13-89 Resolution
FIN A L RES 0 L UTI 0 N
Adopting plans; NO. 13-89
Proposing to co-operate;
Requesting Director to proceed;
(Chapter 5521, Ohio Revised Code)
Mr. Amorose 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 17th day of April ,
1989, a quorum being present, the improvement of State Route 745, 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 19th day of December, 1988, being described
as follows:
The resurfacing on State Route No. 745 (North !ligh Street, Dublin
Road), from U. S. Route No. 33 and State Route ~o. 161 to the
corporation line and resumed from the corporation line to the corporation
line, lying within the City of Dublin. Total length of work being
approximately 2.00 miles
; and
WHEREAS, In said legislation proposing cooperation, said legislative authority
proposes to cooperate with the Director of Transportation in the improvement of
State Route No. 745, by assuming and contributing ten percent (10%) of the total
cost of the improvement; and further, the City agrees to assume and bear the entire
cost of any item rquested by the City which is determined 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 Dublin, Ohio, is now estimated
in the amount of Ten Thousand Five Hundred - - - - - - - - - -00/100 Dollars,
($10,500.00), 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 cost when said actual costs are determined
; 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
; and
WHEREAS, This legislative authority desires the Director of Transportation
to proceed with the aforesaid highway improvement.
I-rdllkllll, LJeldWdt'e, UlllUII dill! !'ladlSUII
County - City of Dublin - State Route
. No. 745 - State
Final Resolution - Page 2
Now, Therefore, Be It Resolved:
I. That the section of highway above described be improved under the provisions
of aforesaid law. That said 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. 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 proposal.
III. That the estimated sum of Ten Thousand Five Hundred - - - - - - - -
- -00/100 Dollars, ($10,500.00), 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 assume, in the first instance,
the share of the cost and expense over and above the amount to be allocated
from State Funds.
IV. That the installation of utility facilities on the right-of-way shall
conform with the requirements of the Federal Highway Administration
Policy and Procedure Memorandum 30-4, "Utility Relocations and Adjustments"
and the Department of Transportation rules on Utility Accommodation.
V. 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 requested by the
Department of Transportation Engineer.
VI. 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 one of the warranting conditions specified
in the Ohio Manual of Uniform Traffic Control Devices is met and the
municipality does hereby agree to place and maintain all traffic control
devices conforming to the Ohio Manual of Uniform Traffic Control Devices
on the improvement in compliance with the provisions of Section 4511.11
and related sections of the Ohio Revised Code.
VI I. 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 permitted within the
right-of-way limits.
VII I. That this legislative authority of Dublin, Ohio, hereby requests the
Director of Transportation to proceed with the aforesaid highway improvement.
IX. That this legislative authority of Dublin, Ohio, enter into a contract
with the Director of Transportation providing for the payment by said
legislative authority of the estimated sum of Ten Thousand Five Hundred
- - - - - - - - -00/100 Dollars, ($10,500.00), the agreed proportion
of the cost and expense to be borne by Dublin, Ohio, for the improvement
of the hereinbefore described highway.
t-t'dnklln, Uelawat'e, unlon and ~1a(jlson
County - City of Dublin - State Route
. No. 745 - State
Final Resolution- Page 3
X" 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.
XI. 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 affirmative 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 allowed by law.
Thereupon, Mr.s King 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 distinctly
read on three different days:
(Requires a yea vote by three-fourths of all elected members)
Yeas 6 Nays 0
Vote on emergency clause: Yeas 6 Nays 0
Passed: April 17 , 1989 . Yeas 6 Nays 0
As An Emergency Measure.
Passed: April 17, 1989 , 198 9 .
Attest: !~/A? YlJ. l(~ r~
- Clerk
Atte st:
Presiding Officer of the
Legislative Authority
r hereby cerny t' . J Frances H. Urban
. I ,1:11 co;r~s of t[lis Orin . ./n r' ' ~ Clerk of COJ'nd h b 'f fj, ,~ ,
CIty of Dublin in O~(uir!tJ:~:C I'/ill Scr.t:cn a;.;~, ;~S~,",~:~n 7,ere postedWmging is a tiUe C(l~Y ofxGt1ffjMr/Resoluf'on' ;!o. ere1~..5i~ y that t e
/7 . , ,~ 0.:0 Revised ~K. adop:d by r:IJ Co:.m(! d "." Ci:y Of g'" .. ~::-- 17 h
_-0Lh.".;~ . ~ {~ doyof April . ...... i s'IJ". G.l'. 'n .h, t
Clerk of CouncIl ,I,".. "., -
."
0fA~4:~~ti;~
Clerk of Council, ubfin, Ohio
Franklin, Delaware, Union and Madison
Counties - City of Dublin - State
- Route No. 745 - State
Final Resolution - page 40f 4 Pages
The State of Ohio )
) Office of the Legislative Authority
Dublin, Ohio )
.
This is to certify that we have compared the foregoing copy of Resolution
with the original record thereof, found in the record of the proceedings of the
legislative authority of Dublin, Ohio, which Resolution was duly passed by said
legislative authority of Dublin, Ohio, on the 17th day of Apri 1 ,
1989, and that the same is a true and correct copy of the record of said Resolution
and the action of said legislative authority thereon.
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 N/A , and under date of April 17, 1989
, at page ,
1989.
IN WITNESS WHEREOF, We have hereunto set our hands and seal, this c2f~
/
day of t{/2-{.~~ , 198 9 .
Pre
*SEAL
~~~.~
/ Clerk Secretary Ex-Officio)
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 by separate letter and attached hereto.
THE AGREEMENT HEREIN is approved
'-(OdC~C() as to form pursuant to the ..'
requirements of L : /.3-1'7
. CONTRACT 0 .0. ~,-:tr./)yas
...............~~....G~neral of ia
(Chapter 5521, Ohio Revised Code) Attar y
Note: S-t-~ :L9~
Before the signing of this contract the fiscal officer mu~JI'm'aKe"a'ri(r'sea(-'
and file with the Legislative Authority his certificate of funds in strict
compliance with Chapter 5521, and 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 fifteenth
day of May , 1989, by and between Dublin, Ohio, hereinafter
referred to as the Legislative Authority, and the State of Ohio hereinafter,
referred to as the State, witnesseth:
.
WHEREAS, On the 19th day of December, 1988, 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:
STATE ROUTE NO. 745 - CITY OF DUBLIN
-
The resurfacing on State Route No. 745 (North High Street. Dublin Road).
from U. S. Route No. 33 and State Route No. 161 to the corporation line
and resumed from the corporation line to the corporation line. lying within
the City of Dublin. Total length of work being approximately 2.00 miles
- ; and
-
WHEREAS, Thereafter. on the 6th day of April. 1989, 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 Director1s journal, volume 74 at page 5
; and
WHEREAS. On the 31st day of March, 1989, the Director of Transportation determined
to make the proposed highway improvement, when, in his judgement. conditions permit
the advertising and awarding of a contract, therefor
; and
WHEREAS. Thereafter. on the 11th day of April, 1989, the Director of Transportation
submitted plans and estimates for said highway improvement to the legislative authority
for approval
; and
WHEREAS. Thereafter, on the 17th day of April
1989, said legislative authority duly adopted a final resolution, approving plans.
proposing to co-operate. requesting the Director of Transportation to proceed and
resolving to enter into a contract with the State in conformity with previous resolutions,
providing for the payment by said legislative authority of the estimated sum of
Ten Thousand Five Hundred - - - - - - - - -00/100 Dollars, ($10,500.00), being the
share of said legislative authority in the total estimated cost and expense of said
proposed highway improvement
; and
Franklin, Delaware, Union and Madison
County - City of Dublin - State Route
No. 745 - State
'f Contract - Page 2
WHEREAS, The Clerk has reported to this legislative authority 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 the construction of said highway improvement the sum
of money hereinbefore set forth, which moneys are now available for the purpose
and as to which the fiscal officer 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 said legislation proposing cooperation, said legislative authority
proposes to cooperate with the Director of Transportation in the improvement of
State Route No. 745, by assuming and contributing ten percent (10%) of the total
cost of the improvement; and further, the City agrees to assume and bear the entire
cost of any item requested by the City which is determined 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 inr.idental expenses. The
total share of the cost for the City of Dublin, is now estimated in the amount of
Ten ThousanduFive Hundred - - - - - - - - - -00/100 Dollars, ($10,500.00), 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 cost when
said actual costs are determined
; and
WHEREAS, Said legislative authority agrees that upon completion of said improvement
it wi}l, 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 ample financial and other provisions for such
maintenance; and
(b) Maintain the right-of-way and keep it free of obstructions in a manner
satisfactory to the State of Ohio and hold said right-of-way inviolate
for public highway purposes and permit 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 conforming to the
Ohio Manual of Uniform 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:
North High Street from SR 161 (S.L.M. 0.00) to Darby Drive (S.L.M. 0.09)
- Parking Both Sides. North High Street from Darby Drive (S.L.M. 0.09)
, to S.L.M. (0.13) - Parking One Side. Dublin Road from (S.L.M. 0.13) to
Dublin Corporation (S.L.M. 0.26) - No Parking
-Dublin Corporation Line (S.L.M. 0.96) to Corporation Line (S.L.M. 1.56)
- No Parking
- Corporation Line (S.L.M. 1.82 to Corporation Line (S.L.M. 2.96) - No
Parking
; and
.
Franklin, Delaware, Union and Madison
County - City of Dublin - State Route
No. 745 - State
Contract - Page 3
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 have been or will be made with and agreements 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 rerrangements immediately
after notification by the City or the Department of Transportation.
(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-4ll, 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 requested by the Department of Transportation
Engi neer.
(e) Jhat the construction, reconstruction, and/or rearrangement of both publicly
and privately owned utilities, referred to in subsections (c) and (d)
above shall be done in such a manner as not to interfere 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.
(f) That the installation of all utility facilities on the right-of-way shall
conform with the requirements of the Federal Highway Administration Policy
and Procedure Memorandum 30-4, "Utility Relocations and Adjustments" and
the Department of Transportation rules on Utility Accomodation.
(g) That the City hereby agrees to accept responsibility for any and all damages
or claims arising as a result of this agreement for which it is legally
liable. Likewise, the State agrees to accept responsibility for any and
all damage or claims arising as a result of this agreement for which it
is legally liable. This agreement is not intended to create any rights
in any third parties nor is it intended to result in a waiver of any rights
specifically provided the City and/or State by law.
,
,. Franklin, Delaware, Union and Madison
County - City of Dublin - State Route
No. 745 - State
. Contract - Page 4
NOW, THEREFORE, In consideration of the aforegoing and the construction of
said improvement desired and determined 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 sum of Ten Thousand Five Hundred - - - - - - -- - _ 00/100m Dollars,
($10,500.00), 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.
Attest: dJ~ ~ 4i~
(Contractual Officer(s) Signature(s)
-~ and Title) of Dublin, Ohio.
0
, State of Ohio ~C3.~
Attest: ccepted by:
./ Director of Transportation
-
-
.
Franklin, Delaware, Union and Madison
, . County - City of Dublin - State Route
No. 745 - State
. Contract - Page 5 of 5 Pages
State of Ohio )
) Office of the Legislative Authority
Dublin, Ohio )
That 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 fifteenth day of May , 1989, 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 ,
at page N/A , and under date of N/A , 1989.
-
-
IN WITNESS WHEREOF, We have hereunto set our hands and seal, this fifteenth
day of May , 1989.
cXPre~'
SEAL
/J , .
---/,~~~.
.' "lerk' Secre Ex-UF'icio)
.
vLegislative 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 by separate letter and attached hereto.
1,~r~nces M. Urban Clerk of Coundl, h'ere~y c~~ifYc ~at the
foreg.omg IS a true copy of O~?fitf~/Reso'l1f/)n ~Jo. =8
duly adoptad bv the (:)1;;1-'/ of t!.~ ::1" of D:l1/'n 0/';0 Oil t'le 17th
I ,-'... '--. j '. ., "1, I I
day of A p r ill 989
, .
~'Pi'~
Cr>rk nf (.""'1(1 "hPn Ol1:1)
Richard F. Celeste/Govemor
(Q)[H]~(Q) [Q)rn:(P)A~uMrn:~u (Q)W u~A~~(P)(Q)~uAu~(Q)~
25 South Front Street
P.O. Box 899
Columbus. Ohio 43216-Q899
f '"
June 1, 1989
Francis M. Urban Re: Franklin, Delaware, Union & Madison
Clerk of Council Project No. 402(89) - City of Dublin
City Hall State Route No. 745
6665 Coffman Road State
Dublin, Ohio 43017 Letting - June 13, 1989
Dear Ms. Urban:
This office is transmitting herewith the duplicate copy of the
executed co-operative Contract between the City of Dublin,
Ohio, and the Director of Transportation relative to the above
listed project.
Yours very truly,
11 d::.Y'~:in~/r~
Bureau of Contract Sales
Ohio Department of Transportation
MGK:ASR: asr
Enc.
cc: District No. 6
File
If you have any questions, please feel free to contact Arlene S. Robinson
at 614-466-3209. E~