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124-90 Ordinance I ORDINANCE NO. 124 -90 - AN ORDINANCE DETERMINING TO PROCEED TO OPEN, CONSTRUCT AND IMPROVE IN THE CITY A PUBLIC STREET TO BE KNOWN AS MUIRFIELD DRIVE BY CONSTRUCTING A FOUR LANE SECTION WITH A VARIABLE WIDTH GRASS MEDIAN FROM THE CURRENT TERMINUS APPROXIMATELY 638 FEET NORTH OF THE INTERSECTION OF MUIRFIELD DRIVE WITH SELLS MILL DRIVE AND MOJAVE STREET NORTHERLY APPROXIMATELY 3,650 FEET TO THE CURRENT INTERSECTION OF MUIRFIELD DRIVE AND BRAND ROAD BY GRADING, DRAINING, PAVING AND INSTALLING CONCRETE CURBS AND GUTTERS, TOGETHER WITH ALL NECESSARY APPURTENANCES, INCLUDING A BIKEWAY AND BIKEWAY UNDERPASS, CONSTRUCTING WATERLINES AND FIRE HYDRANTS, SANITARY SEWERS AND STORM SEWERS, AND ACQUIRING REAL ESTATE AND INTERESTS IN REAL ESTATE THEREFOR, TOGETHER WITH ALL OTHER NECESSARY APPURTENANCES AND DECLARING AN EMERGENCY, WHEREAS, this Council has adopted Resolution No, 50-90 on October 15, 1990, declaring the necessity of making the improvement described in Section 1, and , WHEREAS, Council has adopted Resolution No. ~-90 on December 10, 1990, approving the report of the Assessment Equalization Board appointed by Resolution No, 52-90 adopted November 5, 1990; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Franklin, Union and Delaware Counties, Ohio, that: Section 1, It is determined to proceed with the improvement in the City to open, construct and improve in the City a public street to be known as Muirfield Drive by constructing a four lane section with a variable width grass median from the current terminus approximately 638 feet north of the intersection of Muirfield Drive with Sells Mill Drive and Mojave Street northerly approximately 3,650 feet to the current intersection of Muirfield Drive and Brand Road by grading, draining, paving and installing concrete curbs and gutters, together with all necessary appurtenances, including a bikeway and bikeway underpass, constructing waterlines and fire hydrants, sanitary sewers and storm sewers, and acquiring real estate and interests in real estate therefor, together with all other necessary appurtenances, Section 2, The improvement shall be made in accordance with the provisions of Resolution No, 50-90 and with the plans, specifications, profiles and estimate of cost previously approved and now on file in the office of the Clerk of Council. Section 3, Any claims for damages resulting from the improvement that have been legally filed shall be inquired into after completion of the improvement, and the Director of Law is authorized and directed to institute legal proceedings in a court of competent jurisdiction to inquire into those claims, Section 4, The portion of the cost of the improvement to be assessed in accordance with Resolution No, 50-90 shall be assessed in the manner and the number of installments provided, and on the lots and lands described, in that resolution. Section 5, The estimated special assessments previously prepared and filed in the office of the Clerk of Council are adopted. Section 6, The Clerk of Council shall deliver a certified copy of this ordinance to the County Auditor of Franklin County within 15 days after its passage, Section 7. Subj ect to the provisions of Section 727.24 of the Revised Code, the City Manager is authorized and directed, as soon as the funds are available, to make and sign a contract for the improvement with the lowest and best bidder after advertising according to law, and the improvement shall be financed as provided in Resolution No, 50-90, . . Section 8, This Council finds and determines that all formal actions of this Council concerning and relating to the passage of this ordinance 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 the law, Section 9, This ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety or welfare of this City and for the further reason that this ordinance is required to be immediately effective to provide for the construction of the improvement, which is needed to reduce traffic congestion and enhance traffic safety in the City; wherefore, this ordinance shall be in full force and effect immediately upon its passage, /) Slx~, / / .- _' e::J:,:>~. ,~...,;y.' - /~ . pres1-~ Off icer Attest: l;ta7VUd ~. tfn.~ Clerk 0 Co c 11 Passed: December 10, 1990 Effective: December 10, 1990 /, Frances M. Urban Clerk of Council, hereby certify that the foregoing is a true copy of Ordfnance/ie&mnon No, 124-90 duly adopted by the Council of the City of Dublin, Ohio, on the 10th day of Deeember 1990 I . 0a-nljk? '0. z;U~ 'Clerk of Council, Dublin, Ohio , hereby cerrfy l~:at r.c:::':j d 1'<<' O"I'~~,,-~ h, -,',.' , (' " .' ...~ .. " , '. ;0.1 ,'!l:re posted 1n tI rty of Dublm In orco;tb;;re wiih S"'l'on 7':1J ~r: ".~.' c.~' R ' ..... "'~J", j,](!.;IO eVlsed Code ~~tJ'~y> Y) WL4-l _.~. Clerk of Council, Dublin Ohio , , - 2 -