58-95 Ordinance
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance NO.n _ _ 5_~..._9_5 Passedmm_n__ _mm_mmnum__ __19_m_m
AN ORDINANCB AUTHORIZING THB CITY KAKAGBR
TO BHTBR INTO AN AGRBBHBHT WITH DUBLIN
BUILDING SYSTBKS POR THB AVERY ROAD
- WATBRLINB BXTENSION, AND DBCLARING AN
BKBRGEHCY
-".... WHBREAS, a 16-inch waterline is necessary to serve Coretest
Columbus Technologies, Inc. which is in the process of
constructing a new facility at 6141 Avery Road, within the
City of Dublin; and
WHBREAS, an existing waterline presently terminates at Shier-
Rings Road and will need to be extended to the southern lot
line of the Anglin property at approximate distance of 1,050
feet at an approximate cost of $100,000; and
WHBREAS, the immediate surrounding areas has already developed
with industrial uses; and
WHBREAS, it is the City's desire to assist Coretest Columbus
Technologies, Inc. in order to ensure that it will locate its
business within the City of DUblin, by reimbursing Dublin
Building Systems for the cost of construction in the
aforementioned 16 inch waterline to serve the subject site;
and
WHBREAS, Coretest Columbus Technologies, Inc. will be
constructing a $1.2 million dollar building as Phase I of its
- construction plans wi thin the ci ty of Dublin and proj ects
generating $2.3 million dollars in total payroll for 1996.
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NOW, THBRBPORB BB IT ORDAINB~ the Council of the City of
Dublin, State of Ohio, of the elected members
concurring:
Section 1. That the City Manager is hereby authorized to
execute the Avery Road Waterline Extension Agreement with
Dublin Building Systems, said agreement attached as "Exhibit
A" .
Section 2. That this ordinance be, and the same hereby is,
declared to be an emergency measure for the preservation of
the public peace, health or welfare of the residents of this
City, and therefore this ordinance shall take effect and be in
force immediately upon its passage.
Passed this )~-H, day of ~ . 1995.
___ Mayor -Jl~~ficer
ATTEST:
....-. ~~~
Clerk of Council
I hereby certify that copies of this Ordimmce/Res91",'iQiL ;/~re po.sted in the
City of Deblin in accordance with Sect:on 731.25 of the 0:110 Revised Code.
~<:1--~
CIP.fk of Council, Dublin, Ohio
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AVERY ROAD WATERLINE EXTENSION AGREEMENT
WHEREAS, a 16 inch waterline is necessary to serve CC
Te~hnologies which is in the process of constructing a new facili~y
at 6141 Avery Road, within the City of Dublin; and
WHEREAS, an existing waterline presently terminates at
Shier-Rings Road and will need to be extended to the northern lot
".., line of the Anglin property at approximate distance of 1,050 at an
approximate cost of $100,000; and as follows:
,
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- Right-of-way acquisition - $ 6,000.00
Design, layout, construction expenses - $11,650.00
Project Management - $10,000.00
WHEREAS, the immediately surrounding area has already
developed with industrial uses without public water which therefore
precludes the normal extension of public water by new development;
and
WHEREAS, said improvement will improve the overall
quality of water service to the southwest area; and
WHEREAS, it is City's desire to assist Coretest Columbus
Technologies, Inc. in order to ensure that it will locate its
business within the City of Dublin, by reimbursing Dublin Building
Systems for the cost of construction in the aforementioned 16 inch
waterline to serve the subject site; and
WHEREAS, Coretest Columbus Technologies, Inc. will be
constructing a $1.2 million dollar building as Phase I of its
construction plans within the City of Dublin and projects
generating $2.3 million dollars in total payroll for 1996; and
M:~,,~
WHEREAS, Dublin Building Systems desires to build the
proposed building for Coretest Columbus Technologies, Inc. and
...~ requires that water service be available to the site.
NOW, THEREFORE, in consideration of the foregoing and the
mutual promises contained herein, the parties agree as follows:
1. Dublin Building Systems hereby agrees to arrange,
contract for and cause to be done such engineering and construction
work as shall be necessary in order to design and construct a 16
inch waterline extension from the existing terminus of such
waterline at the intersection of Shier-Rings Road and Avery Road,
a distance of approximately 1,050 feet to a terminus point located
at the northern most point of the Anglin property.
MHB/KAA/152214
035505.313 1
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2. Dublin Building Systems shall obtain cost estimates
and take bids for the construction of the waterline extension which
shall be subject to review and approval of the City Engineer.
3. Dublin Buildir...,l Systems shall utilize its best
efforts to help the City obtain all necessary easements for the
construction, operation and maintenance of the waterline extension.
4. Upon completion and construction of the waterline
~ extension and acceptance thereof by Dublin, Dublin Building Systems
will convey to Dublin title to the waterline extension and shall
... grant to Dublin any necessary permanent easements for the repair,
maintenance and replacement thereof.
5. certification by the City Engineer that the
waterline extension has been constructed in accordance with the
plans and specifications shall constitute acceptance thereof by
Dublin, and, upon delivery of the instruments conveying title, the
title of the waterline extension shall be vested in City of Dublin.
After acceptance of the waterline extension by Dublin, Dublin
Building Systems shall have no liability or responsibility
whatsoever in connection therewith, except that Dublin Building
Systems shall cause repairs to be made to the waterline extension
as may be necessitated by defects in the original construction
which appear within a period of one (1) year following the date of
such acceptance.
6. As consideration for the construction of the
waterline extension, and its related economic development benefits
to the City of Dublin, the conveyance to Dublin of title to the
waterline extension and the granting to Dublin of any necessary
easements as provided in . paragraph 4, Dublin shall reimburse to
Dublin Building Systems the full cost of the design and
construction of the waterline extension, as previously agreed by
the City Engineer. In no case, shall Dublin's cost exceed the sum
of $127,650.00, without the approval of Dublin City Council.
7. Dublin Building Systems shall cause its agents,
contractors and subcontractors engage in construction of the
waterline extension to comply with Workers' Compensation Law of the
State of Ohio and shall indemnify and hold Dublin harmless from any
and all claims, demands, actions or liabilities arising out of
personal injury, death or property damage resulting from the
construction work performed or caused to be performed by Dublin
Building Systems pursuant to this Agreement.
8. Dublin Building Systems and/or Coretest Columbus
Technologies, Inc., as well as all other abutting property owners,
will be subject to the City's normal fees and charges relating to
connections with the proposed waterline.
MHB/KAA/1S2214
035505.313 2
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IT WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their duly authorized officials or
agents this qtJ day of ::J'ull/ , 1995.
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CITY OF DUBLIN
...., ~~~/J By: ~~
Timothy C. Hansle Manager
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DUBLIN BUILDING SYSTEMS
~lc~ BY:~ //9 ~--<-_
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MHB/KAA/152214
035505.313 3
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