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080-92 Ordinance . ..: - . . - ORDINANCE NO. 80 -92 - AN ORDINANCE DETERMINING TO PROCEED TO IMPROVE IN THE CITY TULLER ROAD FROM RIVERSIDE DRIVE EAST TO THE EXISTING INTERSECTION WITH VILLAGE PARKWAY AND VILLAGE PARKWAY FROM THE EXISTING INTERSECTION WITH TULLER ROAD TO A POINT APPROXIMATELY 410 FEET SOUTH OF THAT EXISTING "". . INTERSECTION BY WIDENING, GRADING, DRAINING, PAVING, CURBING, LIGHTING, INSTALLING WATERLINES, FIRE HYDRANTS AND STORM SEWERS, CONSTRUCTING NEW CONNECTION CURVES TO REPLACE THE EXISTING INTERSECTION OF TULLER ROAD AND VILLAGE PARKWAY, AND RELOCATING OVERHEAD WIRES, CABLES AND APPURTENANT EQUIPMENT UNDERGROUND, TOGETHER WITH ALL NECESSARY APPURTENANCES INCLUDING CONSTRUCTING A BIKEWAY, AND ACQUIRING REAL ESTATE AND INTERESTS IN REAL ESTATE THEREFOR, AND DECLARING AN EMERGENCY. WHEREAS, this Council adopted Resolution No. 03-92 on April 6, 1992, declaring the necessity of making the improvement described in Section 1; and WHEREAS, Council adopted Resolution No. 39 -92 on June L, 1992, - approving the report of the Assessment Equalization Board appointed by Resolution No. 37-92 adopted May 4, 1992; 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 of Tuller Road from Riverside Drive east to the existing intersection with Village Parkway and Village Parkway from the existing intersection with Tuller Road to a point approximately 410 feet south of that existing intersection by widening, grading, draining, paving, curbing, lighting, - install ing waterlines, fire hydrants and storm sewers, constructing new connection curves to replace the existing intersection of Tuller Road and Village Parkway, and relocating overhead wires, cables and appurtenant equipment underground, together with all necessary appurtenances including constructing a bikeway, and acquiring real estate and interests in real estate therefor. Section 2. The improvement shall be made in accordance with the provisions of Resolution No. 03-92 and with the plans, specifications, profiles and estimate of cost previously approved and now on f 11e 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. 03-92 shall be assessed in the manner and pursuant to the schedule set forth, and on the lots and lands described, in that resolution. Section 5. The estimated special assessments previously prepared and filed in the ofIice of the Clerk of Council and as equalized by the Assessment Equalization Board 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. Subject 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. 03-92; provided, however, that the amount to be assumed by the City as part of the City's portion of the cost -----,,-- - -----,-'~-'..--'""----- , . . .. .. .. .. of the improvement in accordance with the report of the Assessment Equaliza- tion Board shall be paid, as shall be the balance of the City's portion of the cost of the improvement, by the issuance of bonds in the manner provided by law or from other funds available for this purpose. 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. ( Attest: ~.~~ Clerk of Council Passed: June L, 1992 Effective: June 1-, 1992 ,.. I re posted in the . f tl-!i Ord:nance/Resulul 011 we ."- I hereby certify that (Op'es 0 ; hS S tion 731.25 of the Ohio Revised Code. Cityllf Dublin in accordance WIt et ()/1/1/Y{~ Q. (~ pi' A.J 1L Oerk of Council, Dublan, OblO . - - 2 -