105-88 Ordinance
CS-.I. Rev: 6/1/87
NAME OF STREET___________________________________ ORDINANCB NO. 103'-88'"'
---------------------------------
ROUTE NO. _____________JlR_~lil__________________ DATE ------------------------------------------
AD eaergency ordinance enacted by the City of___DJlhl_tn________________________________________,
____~I_~D_~11_~____________________ County, Ohio, in the aatter of the hereinafter described improvement
and to request cooperation by the Director of Transportation.
WHEREAS, the City has identified the need for and proposes the iaprovellent of a portion of the
. public highway which is described as follows:
By constructing an additional twelve foot (12'0") full depth asphalt
concrete lane and ten foot' (10'0") shoulder, on the median side of
IR 270 North and Southbound beginning at the Dublin South Corporation
(S.L.M. 16.61) and ending at 0.18 mile North of US 33.
said portion of highway within the municipal corporation limits being hereinafter referred to
as the improvement, and
WHEREAS, the City further desites cooperation from the Director of Transportation in the
planning, design and construction of said improvement.
NOW THEREFORE, Be it ordained by the Council of the City:of_______>>_~b_l_iIL_________________,
Ohio:
SECTION I (Cooperation)
That said City hereby requests the cooperation of the Director of Transportation in the
cost of the above described improvement as follows:
A - The Department will assume and bear nine percent (9%) of the
Federal Participating portion of the improvement;
B - The City will assume and bear all remaining costs of the
improvement less the amount of Federal-Aid Funds set aside
by the Director for financing the improvement from funds
allocated by the Federal Highway Administration.
SECTION 11 (Consent)
That it is declared to be in the public interest that the consent of said City be and
such consent is hereby given to the Director of Transportation to construct the above described
improvement, in accordunce with plans, specifications and estimates as approved by the Director.
SECTION II I (Authority lo Sign)
That the__.____ .Cj~.!:.Y__t1J!nll...&g_:c.________________________of said City, is hereby empowered
and directed on behalf of the City to enter into agreements with the Director of Transportation
necessary lo complele the planning and construction of this improvement.
SECTION IV (Traffic Control Signals and Devices)
.
That traffic control devices installed within the limits of the project will coo fora with Section
4511 of the Ohio Revised Code.
.,
Page 1 of 3
CS'-l Rev. 6/1/87
SECTION V (Maintenance and Parking)
That upon completion of said,improvement, said City, 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 saple financial and other provisions for such
maint.enance; and
(b) Maintain the right-of-way and keep it free of obstructions in a aanner satis-
factory 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 limitsj and
(c) Place and maintain all traffic control devices conforming to the Ohio Manual
of Uniform Traffic Control Devices on the improvement in compliance with the
p,"ovisions of Section 4511.11 and related sections of the Ohio Revised Code.
(d) Regulate parking in the following manner:
Prohibit parking within the limits of the improvement
SECTION VI (Right'.of-Way, Utility Rearrangement and Damage and Liability Responsibilities)
(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 StateX~i~x will acquire any additional right-of-way required for
the const r'uction of the aforesaid improvement.
-
(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 reurrangements immediately after
notification by said City or the Department of Transportation.
(d) That it is her'eby agreed that the City shall at its own expense, make all
,'earrangements 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 the provisions of Directive DH-P-411
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 re-
quested by the Department of Transportation Engineer.
( e) That 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 backfilling of
trenches made necessary by such utility rearrangements shall be performed in
accordwlce with the provisions of the Ohio Department of Transportation
Construction and Material Specifications and shall be subject to approval by
the Stale,
(1") Thal the installation of all utility facilities on the right of way shall
conform with the requirements of the Federal Highway Administration Policy
and Procedure Memorand~ 30--4 "Utility Relocations and Adjustments" and the
Department of Transportation's rules on Utility Accommodation.
(g) 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) , Cd) , (e)
and (f) hereinabove.
Page 2 of 3
CS-l Rev. 6/1/87
This ordinance is hereby declared to be an emergency measure by reason of the Deed
for expediting highway improvements to promote highway safety, and provided it receives
the affirmative vote of two-thirds of the members elected to Council, 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.
Passed: __HDy~_2B______________,l9_a~_.
Attest:~.$t-~"77J;).:-ii~d ----
ClerK ~ Mayor
Attest: U~-ti~~. -------------------------------------
President of Council
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CERTIFICATE OF COPY
STATE OF OHIO I hereby certify that coi';es of this Ord:nancr:!Rn)!u;:uj1 were posterl in t'
City of DJIJ!~:l :n (!::01rcl:l;Jce \'I:tl1 Sacfon 731.25 of the ~io Revised Code. .
City of____]JlhlJlu______________ss -/f.(L7Uh'1' qJc/~
,
county__y_~~>>_~lj_Q______________ Clerk of Council, ublin, Ohio
I, ~!~~E~_S__~~_~!~2E______________, as Clerk of the City of___D~l~_______________,
Ohio, do hereby certify that the foregoing is a true and correct copy of ordinance
adopted by the legislative Authority of the said City on the_~~eDt3-~th------day of
-------Bouemhex.._____________ , 198.8..._, that the publications of such ordinance has been made
and certified of record according to law; that no proceedings looking to a referendum
upon such ordinance have been taken; and that such ordinance and certificate of publi-
cation thereof are of record in Ordinance Record Nol!~=~~______, Page________________.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal, this_______~~~~_____day of___~o_~~~~~~_____________, 19_~~_.
(SEAL) ~J4a.zU/J.2.-Lt21_..-'t.~tL~~
- Clerk
City of __.D.uhl.i..n..____________, Ohio.
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The aforegoing is accepted as a basis for proceeding with the improvement herein
described.
For the City Of___~Jlb~n_____________, Ohio.
Attest: ----------------------------------
_______________________________,Date____________
Contractual Officer
For the State of Ohio
Atlest: ----------------------------------
_______________________________,Date____________
Director, Ohio Department of Transportation
Page 3 of 3
DIRECTIVE NO. DH-P-201
April 1, 1986
Supersedes Directive No. 3D-A
Dated June 15, 1983
...-"
TO: MEMBERS OF THE TECHNICAL STAFF
SUBJECT: FEDERAL, STATE AND LOCAL PARTICIPATION IN THE COST
OF HIGHWAY IMPROVEMENTS, BRIDGE REPAIR, AND
MISCEllANEOUS PROJECTS
A. PURPOSE
The purpose of this Directive is to describe Departmental policy with respect to highway improve-
ments on State and Federal-Aid highways within municipal limits, both village and city, and on
COlmty and Township roads, an.d to outline local participation expected in the improvements,
B. AUTHORITY
The authority for State cooperation in local government stems from Section 5501.11,5501.31, and
5521.01 ORC, among otners. These sections read in part:
"5501.11 Functions of Department of Highways
(D) To cooperate with the counties, municipal corporations, townships, and other subdivisions
of the state in the establishment, construction, reconstruction, maintenance, repair, and improve-
ment of the public roads and bridges."
"5:;21.01 Establishment and Improvement of State Highways within a Municipal Corporation
The Director of Transportation upon the request by and the approval of the legislative authority of a
village, shall maintain, repair, and center line paint, or may establish, construct, reconstruct,
improve, or widen any section of a state highway within the limits of a village. The Director may
establish, construct, reconstruct, improve, widen, maintain, or repair any section of a state highway
within the limits of a city, including the elimination of railway grade crossings, and pay the entire or
any part of the cost and expense thereof from state funds, but in all cases he shall first obtain the
consent of the legislative authority of such municipal corporation, ' , ."
"5501.31 Powers and Duties of Director
. . . Except in the case of maintaining, repairing, or center line painting of state highways within
villages, which shall be mandatory as required by Sectiun 5521,01 of the Revised Code, no duty of
constructing. reconstructing, widening, resurfacing, maintaining, or repairing state highways
within municipal corporations, or the bridges and culverts thereon. shall attach to or rest upon the
Director. but he may construct, reconstruct, widen, resurface, maintain, and repairthesamewith or
without the cooperation of any municipal corporation, or with or without the cooperation of Boards
of County Commissioners upon each municipal corporation consenting thereto."
Note: Sectioc 5511.01 ORC specifies that municipal consent is not required if the state highway
bemg changed or re!ocated was not inside the municipality at the time the proposed establishment
or change was journalized by the Director.
DIRECTIVE NO. DH-P-201
April 1. 1986
Supersedes Directive No. 3D-A
.....,;' . Dated June 15, 1983
Page 3
D. COST SHARING BY STATE, MUNICIPALITIES AND COUNTIES
1. The percentage of cost sharing by the State, municipalities and counties on the various
~ategories of highway projects are set forth in the attached table titled. "Federal. State and
Local Participation in Highway Improvements,"
Exceptions to this policy are (1) for emergency repairs needed for the public safety and (2) for
exceptional or unusual situations due to unique local conditions; which will be handled and
determined by the Director on a case by case basis, In such situations. all or some portion of the
local share may be assumed by the State, Funding by the State of the Local share of such
emergency repairs and for exceptional or unusual situations shall not exceed 5% of the
Department's annual capital budget.
2. Municipal corporations are required to expend certain of their revenues upon the State
highways within their corporate boundaries as set forth in Section 5735,28 of the Ohio Revised
Code which reads:
"5735.28 Expenditures for State highways within municipal corporations
Whenever a municipal corporation is on the line of the State highway system as designated by
the Director of Transportation as an extension or continuance of the State highway system,
seven and one-half percent of the amount paid to any municipal corporation pursuant to
Sections 4501,04, 5735.23. and 5735.27 of the Revised Code shall be used by it only to
construct, reconstruct, repave, widen, maintain and repair such highways, to purchase, erect
and maintain traffic, lights and signals, and to erect and maintain street and traffic signs and
markers on such highways."
When a municipality of less than 5,000 population (village) requests an fmprovement from the
State. the District Deputy Director shall determine the amount remaining of the village's seven
and one-half percent funds received per Section 5735.28 of the Revised Code, The amount
available from this fund shall be considered when determining participation by the village in the
improvement.
If such village has exhausted its seven and one-half percent of the revenue as prescribed by
statute and additional improvement work is necessary. the District Deputy Director shall obtain
from the proper village authority a certification covering such expenditures which may be>
accepted in lieu of further participation. Such vill?'1es should be encouraged to pledge uther
revenues as an aid to the financing of the improvement desired in the village,
Attached Form CS-6 shall be filled in by the village to show unexpended seven and one-half
percent t.mds. Attached Form CS-13 shall be used where it has been determined necessary
utility adjustments are not a highway obligation and payment thereof should be made from
other funds other than funds stipulated in. Form CS-6.
3. The municipality and/or county shall be responsible for needed adjustment of utilities in
accordance with Directive No. DH-P-411.
DIRECTIVE NO, DH-P-201
April 1, 1986
Supersedes Directive No. 3D-A
Dated June 15. 1983
~
Page 5
FEDERAL, STATE AND LOCAL PARTICIPATION
IN HIGHWAY IMPROVEMENTS
(In Percent)
LOCAL
FEDERAL FUNDI STATE HIGHWAYS HIGHWAYS
IMPROVEMENT AND
TYPE STREETS
CITY VILLAGE
LOCAL STATE FED LOCAL STATE FED LOCAL STATE
INTERSTATE
New Construction &
ReconstruCJlOn 1 9 90 0 10
INTERST A TE
Resurface, Restoration.
Rehabilitation 0 10 90 0 10
PR I MARY -SE CONDARY -URBAN a e f
New Construction &
ReconstructIOn 10 15 75
PRIMARY -SECONDARY -URBAN a e f
Resurlacing. Restoration
& Rehdbilitatlon 10 15 75 75 25 0 75
BRIDGE b b b
Replacement &
Rehabilitation 10 10 80 10 10 80 20 0 80
HAZARD ELIMINATION e f
SAFETY
5 5 90 90 10 0 90
RAilROAD CROSSING c c c c c c
Signals & Pavements
90 90 ,I(J
NON-FEDERAL a e f
Res\;rfacing
10 90 0 0
NON-FEDERAL d d
Bridge Repair
50 50 0 50 50 0
(a) Additionally cities pay all costs of locally required features not eligible for participation (see Sec. 0.3. 4 & 5). Stale will
participate in bus lanes and on-street parking and will also pay federal share for those areas not qualifying for fedel al
funding.
(b) County or local less railroad contribution where applicable,
(c) Signals - State pays non-federal share. Pavements - Railroad or local pays non-federal share.
(d) When applicable counties to pay 50% of cost in accordance with Sections 5591,02 and 591,21 Revised Code.
Ie) Based on funds available to municipality from 7 1/2% revenue. see 5735.28 ORC for 3R projects and a multi-year commitment
('f 7 1/2% re.enue for construction and reconstruction projects.
(f) The difference of 100 minus the sum of federal participation plus local participation.
Note: Shuuld Federal rate of participation vary from that shown, the focal rate will remain unchanged and the state rate modified as
ruquired
Not' : ,c-w . .jn~tIlJction anJ reconstruction are defined in Section C, Policy.
DIRECTIVE NO, DH-P-201 .
April 1. '986
-
Supersedes Directive No. 3Q-A
.- Dated June 15. 1983
Page 7
Form CS-13
(Rev, 4/86)
OHIO DEPARTMENT OF TRANSPORTATION
FISCAL OFFICER'S CERTIFICATE
Funds for Utility Rearrangements
Note: This certificate shall be made with seal affixed, in duplicate and filed with the District Deputy Director, 01
Department of Transportation,
J hereby certify that the following funds are available to pay for the cost of utility rearrangements.
(1) Available and anticipated in fiscal year $
(2) Expended to date $
(4) Available for expenditure $
(5) Funds anticipated for use on highway project
in accordance with Ordinance No, $
IN WITNESS WHEREOF. I have hereunto set my hand and official seal as fiscal officer this d
of .19_.
(Fiscal Officer's Seal) Fiscal Officer of , Ohio.
. . .
DIRECTIVE NO. DH-P-201
April 1. 1986
Supersedes Directive No, 30-A
Dated June 15. 1983
- Page 9
LOCAL PARTICIPATION ON ALL BUT INTERSTATE PROJECTS
An Implementation Guide
For the portions of IR 480 and IR 490 yet to be placed under construction within the City of Cleveland, and for projE
CUY -480-15.22. the City of Cleveland's share for all past and future preliminary engineering, right-of-way, a
construction costs shall be one percent.
For all other Interstate construction and reconstruction projects, the local share of the full or partial phases of we
rer.eiving Federal authorization prior to March 14, 1983 shall be as set forth in the ODOT accepted legislation curro
as of that date.
The local share of full or partial phases of work on Interstate construction and reconstruction projects receivi:
Federal authorization on or after March 14, 1983 will be the lesser of: that set forth in Jhe accepted legislation
record on March 14, 1983, or that shown in Directive DH-P-201 dated April 1, 1986. or as it may be revised. The loc
~hare set forth in the Directive shall be followed where there was no ODOT accepted legislative on March 14, 19E
Where the ODOT accepted legislation of record on March 14. 1983 indicates that the local share will be determinE
following litigation settlement or plan completion, the local share shall be as set forth in Directive DH-P-201 datE
April 1, 1986, or as it may be revised.
In addition to the guides presented above and at the discretion of the Director of Transportation, local participatic
can be determined as set forth in Section 0.1 of Directive DH-P-201 which states "Exceptions to this policy are (1) f{
emergency repairs needed for public safety and (2) for exceptional or unusual situations due to unique loc
conditions, which will be handled on a case by case basis, In such situations, all or some part of the local share may t
assumed by the State,"
APPROVED
waW-~r;~~~ ~_~4/~AJ
Bernard B, Hurst
Chief Engineer Assistant Director of Transportation
Division of Planning and Design
C I T y 0 F D U B L I N
November 29, 1988
Mr. Norman R. Heilig
Planning and Programming Engineer
Ohio Department of Transportation
400 East William Street
Delaware, Ohio 43015
Dear Mr. Heilig:
Attached please find signed original and one copy of Ordinance No. 10.6=88
as passed by the Dublin City Council last evening, November 28, 1988, as you
requested.
I will be expecting a a copy of the same Ordinance with signatures of the
Contratua1 Officer for the State of Ohio as well as the signature of the
Director of the Ohio Department of Transportation.
If you have any questions please call.
Sincerely,
.'l
/1 . ZWuZ,-r--/
~-/)t ~<} '/7}.
Frances M. Urban
Clerk of Council
6665 Coffman Road · Dublin, Ohio 43017 · (614) 761-6500
Dublin . . . where yesterday meets tomorrow
.
.
Richard F. Celeste/Govemor
cg[}={J~cg [Q)ffi:[?)~~TfMffi:[f{]Tf cgIf Tf~~[f{]g)[?)cg~Tf~Tf~cg[f{]
25 South Front Street
P.O. Box 899
Columbus, Ohio 4J216-0899
400 East William Street
Delaware, Ohio 43015
October 24, 1988
Mr. Tim Hansley
City Manager, Dublin
6665 Coffman Road, Box 206
Dublin, Ohio 43017
Re: Rehabilitation and New Construction
Project on IR 270 - 9.49
Dear Mr. Hansley;
The State of Ohio, Department of Transportation, is proposing
a rehabilitation project on IR 270 beginning 0.19 mile North
of Trabue Road to 0.33 mile East of SR 257. The State is also
proposing to add an additional lane Northbound and Southbound
from Hilliard Cemetery Road to US 33.
The rehabilitation part of the project will consist of an
asphaltic concrete on the existing lanes and shoulder, and
additional safety features as required. There is no cost to
the City for this part of the project. Their cost is covered
under existing consent legislation 13-72.
The City of Dublin will be required to pay 1% of the cost
of the new lane within its' corporate limits, as required by
the Department of Transportation Directive Number DH-P-201 (copy
enclosed). The cost of the additional lanes within the City
is $487,800.00. The Ci ty" s share of this cost is $4,878.00.
This cost is only an estimate. The City will receive an invoice
and final legislation for their share of the project prior to
its' sale, and a final invoice upon completion of the project.
Please present the enclosed Ordinance to Council for its'
necessary action. When enacted, return two ( 2) signed certified
copies (original and one copy) with the Clerk's Seal affixed
to the Certificate of Copy to this office.
~~)
t
. .
Page 2
Your prompt attention to this matter will be greatly
appreciated.
Very truly yours,
W. Howard Tweed, P.E.
District Deputy Director
.,., ~~~~~
Norman R. Heilig ~
Planning and Programming Engineer
WHT:NRH:ddp
*Attachments
*cc:J.A. Gregory/Proj. File
N.R. Heilig/C.F.
D.A. Nicholls
D.S. Sheets
DDD File