034-92 Ordinance
'. RECORD OF ORDINANCES
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Dayton Legal Blank Co. Form No. 30043
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Ordinance NO'm~lt=~2m.m.. Passed.. m .. - n__n'U' nUn.__.n __.__.19.n.__._ I
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AN ORDINANCE TO ESTABLISH !
A COOPERATIVE AGREEMENT WITH THE
STATE OF omo, DEPARTMENT OF TRANSPORTATION, I
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r DIRECTOR OF TRANSPORTATION, ON THE i
SR 161 WIDENING PROJECT, AND I
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\.... 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,
I, WHEREAS, Council believes that the current condition of this roadway presents a real and present emergency
Ii within the City of Dublin;
II NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, 7 of
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'Ii the elected members concurring:
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'! Section 1: That the City of Dublin hereby requests the cooperation of the Director of Transportation in the cost
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'I of the above described improvement as follows: Cooperative funding to be used to secure the necessary right-of-
way, to construct the project, and to administer and inspect the work. The City of Dublin will independently
arrange for engineering design.
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Section 2: That it is declared to be in the public interest that the consent of the City of Dublin be and such
,-. I consent is hereby given to the Director of Transportation to construct the above described improvement in
w accordance with plans, specifications and estimates as approved by the Director.
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Section 3: 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 necessary to complete the planning and construction
of this improvement.
Section 4: That traffic control devices installed within the limits of the project will conform with Section 4511
!I of the Ohio Revised Code.
I' Section 5: That upon completion of said improvement, the City of Dublin will thereafter keep said highway
II open to traffic at all times, and
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!1 (a) Maintain the improvement in accordance with the provisions of the statutes relating thereto and
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II make ample financial and other provisions for such maintenance; and
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Ii (b) Maintain the right-of-way and keep it free of obstructions in a manner satisfactory to the State
Ii of Ohio and hold said right-of-way inviolate for public highway purposes and permit no signs,
!I posters, billboards, roadside stands or other private installations within the right-of-way limits;
!i and
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I, (c) Place and maintain all traffic control devices conforming to the Ohio Manual of Uniform
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,I Traffic Control Devices on the improvement in compliance with the provision of Section
II 4511.11 and related sections of the Ohio Revised Code; and
"... (d) Regulate parking in the following manner: Parking with be prohibited on this section of
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..... Dublin-Granville Road (SR 161).
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I Section 6:
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I (a) That all existing street and public right-of-way within the City which is necessary for the
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aforesaid improvement shall be made available therefor; and
(b) That the State/City will acquire any additional right-of-way required for the construction of the
aforesaid improvement; and
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
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I Ordinance No...JJ-l__nlj.b. .. Passed.n.__mm__.m. _____19m__.__
(c) That arrangements have been or will be made with and agreements obtained from all public i
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 i
said companies have agreed to make any and all necessary plant removals or rearrangements I
~ in such a manner as to be clear of any construction called for by the plans of said improvement i
and said companies have agreed to make such necessary rearrangements immediately after I
notification by said City or the Department of Transportation; and
(d) That it is hereby agreed that the City of Dublin shall at its own expense make all
rearrangements 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 I
requested by the Department of Transportation Engineer; and
(e) That the construction, reconstruction, and/or rearrangement of both publicly and privately ;
II ! owned utilities, referred to in subsections (c) and (d) above, shall be done in such a manner
I 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
i I in accordance with the provisions of the Ohio Department of Transportation Construction and
II Material Specifications and shall be subject to approval by the State; and
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Iii (f) That the installation of all utility facilities on the right-of-way shall conform with the
I 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; and
",. (g) That the City of Dublin 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.
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 affirmative vote 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.
~ ,1992.
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II Attest:
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r- I! Clerk of Council
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i . . 4 I' t d' th
I ,Jrr,e~., r'\~~!f'l th!!t con;os (If t;liS "\d.~c':C\ ~n ;<,llon :J~re po.~ e 111 e
.J 't' S -"... 7')1 2~ ~~ ,.!,,, C"'o ReVIsed Code
I Ct,r::f n"!'!'~ in (]C~:)i\jame w. ,1 """<,:1.,,.. ~ \), I..... .il .
I[ (J/Y1~ e. (?~~
I Clerk of Council, Dublin, Ohio
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CERTIFICATE OF COPY
STATE OF OHIO
City of D/J-tc..".v SS
Count~'.~/ ~
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I, {I 'V~ ~e, as Clerk of the City of ~-&..~ _ ; , Ohio, do hereby certify that the foregoing is
a true and c'prrect copy of ordinance adopted by the legislative authority of the said City on the (rrh day
~ of ~. , 19:16 that the publications of such ordinance has been made 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 publication thereof are of record in Ordinance Record No.3 4 - q.,L , Page ;T) I ;T
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IN WITN,ESS WHEREOF, I have hereunto subscribed my name and affixed my official seal, this &11- , day of
~ ' 19'1),.
~O. ~
Clerk
City of ~ , Ohio
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The aforegoing is accepted as a basis for proceeding with the improvement herein described.
For the City of l)..-wb I, ',J , Ohio.
Attest: ~ (]. ~
~G';Y
,;. . M~""fA..Date~1-
Contractual Officer
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For the State of Ohio
Attest:
Date
Director, Ohio Department of Transportation