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106-88 Ordinance RECORD OF ORDINANCES National Graphics Corp., COls., O. ~ Form No. 2806-A Ordinance No, ____~o~__~~______ P assed____ _____n n_____________________ ____________19_____ -. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT TO ENCLOSE A DITCH WITH PIPE ON THE NORTH SIDE OF S.R. 161 NEAR DAVID ROAD, WAIVING THE BIDDING REQUIRE- MENT, AND DECLARING AN EMERGENCY WHEREAS, a ditch on the north side of S.R. 161 near David Road has been deepened due to the development of Dublin City Center and construction occurring in this area; and WHEREAS, the current depth of this ditch is dangerous to traffic travel- ing on S.R. 161; and WHEREAS, it is necessary to enclose said ditch in order to maintain the safety of said traffic. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, ~of the elected members concurring: Section 1. That the City Manager be, and hereby is, authorized to enter into a contract with Northwest in the amount of $15,901.00 to install 556 feet of pipe in a ditch on the north side of S.R. 161 near David Road. Section 2. That this contact be paid from the Capital Improvement Tax Fund in account D10-07-7A-2500 from funds no longer needed for other engineering projects, specifically the design of O'Shaughnessy Bridge. Section 3. That this Ordinance be, and hereby is, declared to be an emergency measure necessary for the preservation of the public safety and welfare; and, therefore, formal bidding and advertising requirements are hereby waived pursuant to Section 735.051 of the Ohio Revised Code, and this Ordinance shall take effect and be in force immediately upon its passage. Passed this ~day of November , 1988. ~ Mayor - Presiding Officer Attest: /' J~aMh~ ti"d~ Clerk of C unc:il Sponsor: City Manager 1 ~ereby certify that copies of this Ordinance7Resofution were fJosJetJ in if e City of Dublin in accordance with Section 731.25 of the O'hio Revised Code /' ''fi~ --J;/tth<--U-o /7}, ~ Clerk of Council, Dublin, Ohio TO: Dublin City Council Members FROM: Timothy C. Hansley, City Manager / ':?r-~/,~- . SUBJECT: Ditch Enclosures ~~ DATE: November 3, 1988 REPORT FROM CITY ENGINEER SUMMARY The Staff has become cognizant of two locations where it is desirable to enclose the roadside ditch for the purpose of eliminating a dropoff which is very near to the edge of the pavement. Both projects are worthwhile. Staff is seeking Council support and funding for both ditch enclosure projects. Money for the two ditch enclosure projects could be obtained from a project on the Capital Improvements Budget which is no longer viable. That project is: O'Shaughnessy Bridge/Glick Road Engineering $200,000.00 SR 161 NEAR DAVID ROAD This original deep ditch located on the north side of SR 161 was deepened by the developer of the Dublin City Center in order to allow the installation of correctly sized pipes under driveways and under David Road. Originally, it was the choice of the City that the Developer enclose this ditch to carry water already in the ditch along with the storm water which would be coming from the streets in the Dublin City Center. Because it was known at the time of the plan approval that SR 161 would likely be rebuilt within two years, it was requested by the Developer and the Engineer approved the plan for the installation of larger culverts under the private drives and David Road. It was not perceived at the time that the depth of the ditch would be so pronounced. The ditch which existed prior to the construction work was itself deep and located approximately the same distance from the edge of the road. The ditch was covered with grass and through a part of its length, high grass existed. Because of the recent work on the ditch, its slight deepening and the removal of all grass cover, the visual depth of the ditch is now more apparent. The ditch was dangerous before the work; it is slightly more dangerous since the work has been done. Ditch Enclosure November 3, 1988 Page - 2 - The relative danger might be compared to falling from a ten story building as compared to falling from an eleven story building with the result of falling from either building likely to be the same. The same is true of the ditch. The City should provide a safety net to prevent errant vehicles from hitting the ditch. This can be done by enclosing the ditch with pipe. The Staff has obtained a price quote from Northwest for installing 556 feet of pipe in this ditch. The unit cost of $28.60 for this work would bring the total cost to $15,901.00. BRAND ROAD - FRONTAGE OF EARLINGTON PARK We have been requested by a nearby resident to enclose the ditch across the Brand Road frontage of the Earlington Park because it lies very close to the road. The existing ditch varies in depth below the edge of pavement from approximately 18 inches to 24 inches. There is little recovery area for errant vehicles in this particular area. We have obtained a price quote from the School's grading contractor for pipe installation, catch basin installation and grading work which, when combined, will eliminate the ditch hazard. The quoted price for this work is $8,510.00 lump sum. Just recently, we became aware of the Columbia Gas Co.'s possible desire to change the proposed location of a new gas line along Brand Road from the north side to the south side of the road. We will ask the Columbia Gas Co. to help us to eliminate the ditch dropoff in exchange for granting permission to change the proposed location of the gas line. cs.-1 F ,,'J. 9/1/87 NAME OF STREET___________________________________ ORDINANCB NO. 106-88 --------------------------------- ROUTE NO. _____________JlR_~liL__________________ DATE ------------------------------------------ An emergency ordinance enacted by the City of___DJLhl_tn________________________________________. ____~I_~~~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 Cit.y further desires 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_iD__________________, Ohio: j SECTION I (Cooperation) That said City hereby requests the cooperation of the Director of Transportation in the cost of lhe 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 1I (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 abovo described improvement, in accordunce with plans, specifications and estimates 88 approved by the Director. SECTION II I (Authodty to Sign) That the__.____ .C_i_!;.Y__t1_11~.fl-&~_I;:.________________________of said City, is hereby empowered and directed on behalf of the City to enter into agreements with the Director of Transportation necessary to complete 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 confo~ with Section 4511 of the Ohio Revised Code. Page I of 3 () \<. ~ cs-t 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 SBple financial and other provisions for such maintenance; 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 li.itsi 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 provisions of Section 4511.11 and related sections of the Ohio Revised Code. (d) Regulate parking ill the following msnner: 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 Statei~i~x will acquire any additional right-of-way required for the cons t r'uct i on 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 ~e affected by the said improvement and said companies have agreed to .ake 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 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 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'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), (d) , (e) and (f) hereinabove. Page 2 of 3 a ,. . 08-1 -Nev. 6/1/87 . This ordinance is hereby declared to be an emergency measure by reason of the need 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 illllllediately 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~e4_28______________.19_~~_. Attest: ~ j&~'7'-1JJ-Xi4-{d ---- ClerK ~ Attest, U~-tL_~ ------------------------------------- President of Council **************************************************************** CERTIFICATE OF COPY "' I hereby cerlify thol wp:es of this Ord;n::mtdRc~du;:()n were oosf~d 1n t' STATE OF OHIO City of DJb!::1 :n c::orC:l;1[8 w:th Sact'on 731.25 of :he retia R~vis&d Cod~, . . City of____~JlhlJln______________SS -/A(Z7ILh ~. t{Uu,v county__g_~g>>_~lj_~______________ Clerk of Council, ubi in, Ohio I, ~E~EE~_s__~~_!!!'~.?E______________. as Clerk of the City of___D.llh.liJL________________ _, Ohio. do hereby certify that the foregoing is a true and correct copy of ordina~ce adopted by the legislative Authority of the said City on the_t.1jtent~-..e.ight.h--_.---,day of ------.lilovemheJ:.._____________ . 198EL_. that the publications of such ordinance has been msde 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___~~_~~~~~E_____________. 19_~~_. (SEAL) ~JA.a.2~.;2-Lt4"--'t?t/d..dl:..z1d , Clerk City of__llulLLin-____________, Ohio. ***************************************************************** The aforegoing is accepted as a basis for proceeding with the improvement herein described. ( .' ,. / For the City of___.D.J.lblin____________. Ohio. , . / Atte.<< '6 /~/\4L(~-'1':L ---'- :;----- ------ ------ ---'---- -9:' -- ., J ;2. . ? I-;.~ 2(_____~~~__~~~~--,Date_-l~-'L-~__~ ~ Contractual Officer For the State of Ohio Attest: _~-'aA!{~~_ ~(.~r..A_<:-c{ j!J- ~r,Date ~Lp<: _______________________________ __ _ ___J__ Director. Ohio Department of Transportation Page 3 of 3