65-93 Ordinance
, RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
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Ordinance No. nn un~~:-93 Passed 19
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AN ORDINANCE AMENDING ORDINANCE 34-92 AND 95-92
ESTABLISHING A COOPERATIVE AGREEMENT
WITH THE STATE OF OHIO, DEPARTMENT OF TRANSPORTATION
FOR THE SR 161 WIDENING PROJECT (DALE DRIVE TO SAWMILL ROAD)
AND DECLARING AN EMERGENCY
WHEREAS, the City of Dublin has identified the need for and proposes the
improvement of a portion of the public highway which is described as
Dublin-Granville Road (SR 161) from west of Dale Drive to Sawmill Road,
plus transitions if needed, to include a frontage road if required, and to
include a bicycle path, said portion of highway within the municipal
corporation limits being hereinafter referred to as the improvement, and;
WHEREAS, the City of Dublin further desires cooperati6n from the Director
of Transportation in the planning, design and construction of said
improvement, and;
WHEREAS, Council believes that the current condition or this roadway
presents a real and present emergency within the City of Dublin;
NOW THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, ~ of the elected members concurring:
SECTION I (Cooperation)
That the City of Dublin hereby requests the cooperation of the
Director of Transportation in the cost of the above-described improvement
as follows: The City of Dublin will assume and bear one hundred percent
(100%) of the total cost of Preliminary Engineering. The City of Dublin
will assume and bear one hundred percent (100%) of the cost of Right-of-
Way acquisition less the amount of Federal funds set aside by the Director
of Transportation and the Federal Highway Administration. The total cost
of those features requested by the City which are not necessary for the
improvement, as determined by the state and Federal Highway
Administration.
SECTION II (Consent)
That it is declared to be in the public interest that the consent of
the City of Dublin be and such consent is hereby given to the Director of
Transportation to construct the above-described improvement, in accordance
with plans, specifications and estimates as approved by the Director.
SECTION III (Authority to sign)
That the City Manager of the City of Dublin, is hereby empowered and
directed on behalf of the City to enter into agreements with the Director
of Transportation 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 conform with Section 4511 of the Ohio Revised Code.
SECTION V (Maintenance and Parking)
That upon completion of said improvement, said City, will
thereafter, for all portions within its jurisdiction and for which it is
responsible, keep said highway open to traffic at all times, and
(a) Maintain the improvement in accordance with the provisions of
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) 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 in the following manner: Parking will be
prohibited on this section of Dublin-Granville Road (SR 161).
, RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
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~_._---
Ordinance No. 65-93 Passed umm19
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tn_-
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 City of Dublin will acquire any additional right-of-
way required for the construction 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
cD
..c . clear of any construction called for by the plans of said
_ cD
cog improvement and said companies have agreed to make such
.- ~
i -al necessary rearrangements immediately after notification by
.@ll said City or the Department of Transportation.
&; ~I
eD:: (d) That it is hereby agreed that the City shall at its own
;j expense, make all rearrangements of water mains, service
j~11 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 H-P-508
inside or outside the corporate limits as may be necessary to
G) -II conform to the said improvement and said rearrangements shall
~ ~ii be done at such time as requested by the Department of
C eli
e 0'1 Transportation Engineer.
~ oi
0
~I :E (e) That the construction, reconstruction, and/or rearrangement of
'"
.- ..c C
-= ."!:: both publicly and privately owned utilities, referred to in
"E ill .!:if subsections (C) and (d) above, shall be done in such a manner
'" CDI :Ei
G> '"'I not to interfere unduly with the operation of the
'Q. .gl l:) as
CI contractor constructing the improvement and all backfilling of
S ...
0 '0 trenches made necessary by such utility rearrangements shall
C ~I c
i: CI l:) be performed in accordance with the provision of the Ohio
~.=I 0
~ Department of Transportation Construction and Material
.- el -
t:.:.:::: 0 Specifications and shall be subject to approval by the State.
~ -gil oi!:
>- ClI ... That the installation of all utility facilities on the right-
1il t::i (f)
.I' , '\j of-way shall conform with the requirements of the Federal
- Ii Highway Administration Policy 23-CFR-645A and the Department
II 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 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.
SECTION VII 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 votes 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 this J q-th , 1993
~
Presid' Officer
ATTEST:
{,~ (! ~
Clerk of Council
I
II I
I
V 1''6
0",,00 L..., BI.ok Co. RECORD OF ORDINANCES It113
"
I
I
Ordinance No. m___nm~_~___93 Passed mmn_m nnmmmm19u i
j--~---
T--------
I
AN ORDINANCE AMENDING ORDINANCE 34-92 AND 95-92 !
ESTABLISHING A COOPERATIVE AGREEMENT I
WITH THE STATE OF OHIO, DEPARTMENT OF TRANSPORTATION I
FOR THE SR 161 WIDENING PROJECT (DALE DRIVE TO SAWMILL ROAD) !
AND DECLARING AN EMERGENCY
WHEREAS, the City of Dublin has identified the need for and proposes the
improvement of a portion of the public highway which is described as
Dublin-Granville Road (SR 161) from west of Dale Drive to Sawmill Road,
plus transitions if needed, to include a frontage road if required, and to
include a bicycle path, said portion of highway within the municipal
corporation limits being hereinafter referred to as the improvement, and;
WHEREAS, the City of Dublin further desires cooperation from the Director
of Transportation in the planning, design and construction of said
improvement, and;
WHEREAS, Council believes that the current condition or this roadway
presents a real and present emergency within the City of Dublin;
NOW THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio,;7 of the elected members concurring:
SECTION I (Cooperation)
That the City of Dublin hereby requests the cooperation of the
Director of Transportation in the cost of the above-described improvement
as follows: The City of Dublin will assume and bear one hundred percent
(100%) of the total cost of Preliminary Engineering. The City of Dublin
will assume and bear one hundred percent (100%) of the cost of Right-of-
Way acquisition less the amount of Federal funds set aside by the Director
of Transportation and the Federal Highway Administration. The total cost
of those features requested by the City which are not necessary for the
improvement, as determined by the state and Federal Highway
Administration.
SECTION II (Consent)
That it is declared to be in the public interest that the consent of
the City of Dublin be and such consent is hereby given to the Director of
Transportation to construct the above-described improvement, in accordance
with plans, specifications and estimates as approved by the Director.
SECTION III (Authority to sign)
That the City Manager of the City of Dublin, is hereby empowered and
directed on behalf of the City to enter into agreements with the Director
of Transportation 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 conform with Section 4511 of the Ohio Revised Code.
SECTION V (Maintenance and Parking)
That upon completion of said improvement, said City, will
thereafter, for all portions within its jurisdiction and for which it is
responsible, keep said highway open to traffic at all times, and
(a) Maintain the improvement in accordance with the provisions of
statutes relating thereto and make ample financial and other
provisions for such maintenance; and
(b) Maintain the right-oi-way and keep it frse 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) 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 in the following manner: Parking will be
prohibited on this section of Dublin-Granville Road (SR 161).
RECORD OF ORDINANCES
. ,
Dayton Legal Blank Co. Form No. 30043
-r-
Ordinance No. mmmE)~__~3 Passedn 19u !
L--
r---
SECTION VI (Right-of-Way, Utility Rearrangement and Damage and I
Liability Responsibilities) ,
i
(a) That all existing street and public way right-of-way within I
the City which is for the aforesaid improvement, I
necessary i
shall be made available therefor. j
i
(b) That the City of Dublin will acquire any additional right-of-
way required for the construction 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 rearrangements immediately after notification by
said City or the Department of Transportation. I
I
i
(d) That it is hereby agreed that the City shall at its own I
expense, make all rearrangements of water mains, service I
lines, fire hydrants, valve boxes, sanitary sewers or other I
municipally owned utilities and/or any appurtenances thereto, I
which do not comply with the provisions of Directive H-P-S08
inside or outside the corporate limits as may be necessary to I
conform to the said improvement and said rearrangements shall
be done at such time as requested by the Department of I
I
Transportation Engineer. i
!
i
(e) That the construction, reconstruction, and/or rearrangement of i
both publicly and privately owned utilities, referred to in I
subsections (c) and (d) above, shall be done in such a manner I
as not to interfere unduly with the operation of the i
I
contractor constructing the improvement and all backfilling of I
trenches made necessary by such utility rearrangements shall I
I
I
be performed in accordance with the provision of the Ohio 1
i
Department of Transportation Construction and Material 1
Specifications and shall be subject to approval by the State. i
I
(f) That the installation of all utility facilities on the right- I
i
of-way shall conform with the requirements of the Federal !
Highway Administration Policy 23-CFR-64SA and the Department I
of Transportation's rules on Utility Accommodation. i
I
i
(g) That the City hereby agrees to accept responsibility for any i
and all damages or claims for which it is legally liable I
arising from the negligence of its officers, employees or I
agents in the performance of the City's obligations made or I
agreed to in sections (a) , (b) , (c) , (d) , (e) and (f)
hereinabove. Likewise, The State agrees to accept
responsibility for any 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.
SECTION VII This ordinance is hereby declared to be an emergency measure 1
I
by reason of the need for expediting highway improvements to promote 1
I
highway safety, and provided it receives the affirmative votes of two- I
thirds of the members elected to Council, it shall take effect and be in I
force immediately upon its passage and approval by the mayor; otherwise, I
it shall take effect and be in force from and after the earliest period
allowed by law.
1993 I
, I
!
I
I
!
I, ~~~ Clerk of Council, hereby certify that ,e
ATTEST: foregoing is (I f;,~'~ c'py of Ord:nance/lresoluliun No. &) 5"" ~ ~ 2,
~A_ (J ~ duly adopted by i:1C CO:Jn(;i of the City of Dublin, Ohio, on the ~
doy of ~ ' / '7 9--3 .
Clerk of Council
I ~ ~~ I
Clerk of Council, Dublin. Ohio I
II
I
I
" GS "'I Rev. 4/.9/92 _
P~ge 1+ of 4
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CERTIFICATE OF COPY
State of Ohio
Cit.y of Dublin (" (.'
" '"
County of Franklin
I , L-~~ as Clerk of the C i t y of Dublin, Ohio do
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hereby certify that the foregoing 18 a true and correct copy of ordinance
adopt(:~d by t.he legislat.ive Authorit.y of the said City on the _L~lJ 6___
day of ~__________' 19_1.3, that the publications of such
ordinance h be made and cert.ified of record according t.o law; that. no
proceedings looking to a referendum upon such ordinance have been t.aken:
and that s11ch ordinance and certificate of publieation thereof are of
record In Ol'dinance Record No. &5 ~ CJ.-~ , P a g e_.L1/j A__________ ,
IN WITNESS WHEREOF, I have h(~reunt 0 affixed
my offic;a1 sea], t. his _;g_:1-:tb... __ day 0 f ----- ----'-."--...-.------..----. , 1 9_'1-3 .
(seal) ~ Cd ~
Clerk
City of Dublin. Ohio.
*****************************************************'******************
The afore going 1S accepted as a basis for proceeding with the
improvement. herein described.
For the City of Dublin, Ohio.
Attest: ~ @ ~
,
~~~~~ Date'J/~Jz3
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Con ractual Off cer
,.,,' t,
OH;O
For the St.ate of Ohio
At t est :~.b.t1r4.. ':1:l.-. ~_.
DT~~-;'~~~'t me n t -- , D aI, e ___6..:.Lt2.:.!l~
of Transportation