30-85 Resolution
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. Resolution No. 30-85
A RESOLUTION DECLARING IT NECESSARY TO IMPROVE AN EASEMENT
OF THE VILLAGE BETWEEN CERTAIN TERMINI BY CONSTRUCTING A
STORM SEWER AND ALL NECESSARY APPURTENANCES THERETO, AND
DECLARING AN EMERGENCY.
WHEREAS, the owners of one hundred percent of the lots and lands to
be assessed for the improvement described in Section 1 have petitioned this
Council for the improvement, which petition has heretofore been approved by
this Council; and
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I WHEREAS, Council has previously authorized and requested the
'-/ preparation of plans and specifications for the improvement described in
Section 1;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of
Dublin, State of OhiO, 7 of the members concurring, that:
Section 1- It is declared necessary to improve an easement of the
Village of Dublin, Ohio, along the property line of lots on the north side of
Long Branch Drive and the south side of Ashworth Court from the westerly line
of Lot No. 7-23 of the Waterford Village Subdivision to the easterly line of
Lot No. 6-29 of that subdivision by constructing a storm sewer and all
necessary appurtenances thereto.
Section 2. The plans, specifications, profiles and estimate of cost
of the improvement, prepared by Burgess & Niple Limited and now on file in the
office of the Clerk of Council, are approved and made a part of this
resolution.
Section 3. The easement shall be improved in accordance With, and
the grade thereof and of the improvement shall be the grade as shown on, the
plans, specifications and profiles for the improvement.
Section 4. This Council finds and determines that the improvement is
~ conducive to the publiC health, convenience and welfare of this Village and
L the inhabitants thereof. This Council further finds and determines that the
improvement has been petitioned for by the owners of 100% of the area to be
assessed for the improvement.
Section 5. The Village shall assume and pay as its portion of the
cost of the improvement one-half of the entire cost of the improvement and the
balance of the cost of the improvement shall be assessed in proportion to the
benefits that may result from the improvement upon Lot Nos. 6-12, 6-13, 6-14,
6-28, 6-29, 7-20, 7-21, 7-22 and 7-23 in the Waterford Village Subdivision.
The described lots and lands are determined to be specially benefited by the
improvement.
Section 6. The cost of the improvement shall include the cost of
preliminary and other surveys, plans, specifications, profiles and estimates
and of printing, serving and publishing notices, resolutions and ordinances,
the amount of damages resulting from the improvement and the interest thereon,
the costs incurred in connection with the preparation, levy and collection of
the special assessments, the cost of purchasing, appropriating, and otherwise
acquiring therefor any required real estate or interests therein, expenses of
legal services including obtaining an approving legal opinion, cost of labor
and material. and interest on bonds and notes issued in anticipation of the
levy and collection of the special assessments, together with all other
necessary expenditures.
[I Section 7. Burgess & Nip1e Limited is authorized and directed to
., prepare and file in the office of the Clerk of Council the estimated special
\.. assessments of the cost of the improvement described in thiS resolution.
Those estimated special assessments shall be based upon the estimate of cost
of the improvement now on file in the office of the Clerk of Council and shall
be prepared pursuant to the provisions of this resolution. When the estimated
special assessments have been so filed, the Clerk of Council shall cause
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notice of the adoption of this resolution and the filing of the estimated
special assessments to be served in the manner provided by law on the owners
of all lots and lands to be assessed.
Section 8. The special assessments to be levied shall be paid in ten
(10) annual installments, With interest on the unpaid prinCipal amount of each
special assessment at the same rate as shall be borne by the bonds or notes to
be issued in anticipation of the collection of the total of the unpaid special
assessments; provided that the owner of any property assessed may pay the
"..... special assessment in cash within 30 days after passage of the assessing
ordinance.
\...- Section 9. Bonds of the Village shall be issued in anticipation of
the collection of the special assessments in annual installments and in an
amount equal to the total of the unpaid special assessments; notes of the
Village shall be issued in anticipation of the issuance of those bonds and the
levy of the special assessments. The remainder of the entire cost of the
improvement, after application of the special assessments herein provided,
shall be paid by the issuance of bonds in the manner provided by law or from
other funds available for this purpose.
Section 10. 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
all legal requirements, including Section 121.22 of the Revised Code.
Section 11. ThiS resolution be is declared to be an emergency
measure necessary for the immediate preservation of the publiC peace, health,
safety and welfare of the Village, and for the further reason that the
immediate effectiveness of this resolution is required to provide for the
construction of the improvement which is needed to eliminate existing hazards
to the health and property of the residents of the Village; wherefore, this
f""" resolution shall be in full force and effect immediately upon its adoption.
l Adopted the 18t~ay of November, 1985.
Attest:
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I hereby certify that copies of this Orcr;;iJnc:c/F(C3dufi':n
were p03ted in the Vdlage of [U::i"l :1 Jccordance With
Section 731.25 of the Ohio fbisc::! Code.
Village Engineer /,J ~~
Sponsor :3t (Zn ~ .#.L7 LfJ;.
Clerk of Council
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