61-91 Ordinance
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. RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
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Ordinance NO'_mfi~__~_l_ Passed.. __.. . m'''__ ..n19_ I
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\.... AN ORDINANCE AMENDING ORDINANCE 18-91
REGARDING THE EXTENSION OF THE PUBLIC SEWER, AND
DECLARING AN EMERGENCY
WHEREAS, Medex, Inc. and its consultants have sought bids
for the sanitary sewer project to bring sewer service to
its newly expanded plant on Shier-Rings Road; and,
WHEREAS, the lowest and best bid received by Medex, Inc.
I was higher than the amount expected when Ordinance 18-91
I was approved by council;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City
of Dublin, State of Ohio ~ of the elected members
concurring:
I Section 1. That the city of Dublin, in order to fulfill
its committments to Medex, Inc. amend its agreement with
Medex, Inc.
I Section is
2. That a copy of the amended Agreement
,.... hereto attached as Exhibit "A".
.~ Section 3. That is Ordinance be, and the same hereby is,
declared to be an emergency measure necessary for the
public health, safety and welfare, and therefore, shall
take effect and be in force immediately upon its passage.
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Passed day of . ~ , 1991.
Attest:
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Cl.rk of Cou cil
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II ' L,._~I,., 'ertify that copies of this Ordlnance/Resellltiofl were poste~ 'n !~e
I c'" ., "I'bHn in accordance with Section 731.25 of the Ohio Revised Code.
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..- MEMORANDUM
TO: City Council Members
FROM: Paul Willis, City Engineer
Adore' Kurtz, Development Review
SUBJECT: Ordinance 61-91 and 62-91 regarding Medex
DATE: September 18, 1991
* * *
After protracted discussions with several Shier-Rings Road property owners along
the Cosgray Truck sewer were closed successfully, bids were received by Medex,
Inc. for the extension of the sewer from the Cosgray truck across private property
and Scherers Place to the Medex site. The bids exceeded the $37,000 cost which
was anticipated when Ordinance 18-91 was heard by Council last March. The
costs are now estimated to be approximately $61,000 rather than $37,000 as
noted in the agreement between Medex and the City.
When the plans were finalized, the consulting engineer increased his estimate of
the construction costs from $31,100 to $41,000 to account for the relatively high
cost of a road crossing in a relatively short run of 771 lineal feet of sewer. The
survey and design costs are somewhat higher than those projected earlier because
of easement issues encountered with several of the property owners along Shier-
Rings Road. Both the owners of Gammatronix and Scherers Communication have
now agreed to provide sewer and water easements in exchange for "Wye" fittings
being provided to each of their two properties (at a total cost of $400 in this
project) but a substantial savings to them when the properties actually hook up to
the sewer system.
AFK/ejr
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SEWER COST ESTIMATES
March 14, 1991 Revised Actual Bid & Actual
9/3/91 Professional Services
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Construction S 31,000. S 41,000. S 44,448.
Engineering
Layout S 1,500. S 3,400. S 3,400.
Engineering
Design S 3,000. S 3,300. S 3,300.
Construction
Supervision &
Cut sheets S -o- S -o- S 4,000.
Alignment
Studies S -O- S 1,800. S 1,800.
Contingency S -o- S 2,682. S 2,682.
Bond S 700. S 700. S 700.
EPA S 300. S 300. S 300.
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AGREEMENT OF INTENT
BETWEEN
CITY OF DUBLIN
AND
MEDEX, INCORPORATED
DRAFT
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EXHIBIT "A"
AGREEMENT OF INTENT
This Agreement of Intent is entered into on , 1991,
~ between the City of Dublin (the "City") and Medex, Inc. (the "Company") for the
purpose of encouraging the company to complete the expansion of its
manufacturing, research and development facility presently under construction, to
encourage the future expansion of Medex's facilities within Dublin, and to assert
the Company's commitment of annexation to Dublin.
That, therefore, the City and the Company set forth the following agreement
which represents a commitment on behalf of both parties to cooperate, predicated
on the previous recitation, as follows:
1. Authorization. The City hereby authorizes and approves the extension and
construction by Medex, Inc. or its agents, of an 8" public sewer line, in
accordance with the requirements of the City Engineer and applicable City
Code, along and upon the City rights-of-way.
2. Sewerage. That the City rees to reimburse the Company for actual costs,
including engineering d Ig s, for the extension of the 8" public sewer
line to the site. All su u ment of fees shall not exceed
$61,000.00. The City agr s :!te to the Company, $4,680.00 of the
sewer tap permit fees already ~ewer tap permit #6452 dated
December 26, 1990. The City agr ~ the engineering inspection
fees for the extension of the 8" public sew line to the Medex site as
described. The Company agrees to comp fully with generally accepted
City practices for the installation of public sewers and to provide
construction and maintenance bonds as required.
3. Water. That the City agrees to rebate to the Company $9,828.00 for Water
Tap Permits #6668 and #6669 dated December 26, 1990, which represents
Dublin's portion of the Company's anticipated water tap charges.
4. Payment. That the City agrees to make reimbursement payment to the
Company within 30 days after completion of construction of the public
sewer line and receipt of invoice from the Company, for all outstanding
expenses advanced by the Company pursuant to paragraphs one (1), two
(2), and three (3) above, not to exceed a total of $75,508.00 for all
reimbursements and rebates.
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Agreement of Intent
City of Dublin/Medex, Inc.
Page Two
5. landscaping. That the City agrees to provide and install seed and mulch
along the construction route upon the completion of the extension of the
public sewer and final grading thereof to the Medex site to comply with
accepted City practices.
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The City agrees to provide and install street trees along Shier-Rings Road
when such installation by the City is planned for the remainder of Shier-
Rings Road.
6. That the Company agrees that in the unlikely event that the Kincaid et a!.
annexation is altered or abrogated that the Company will file a petition with
the Franklin County Commissioners for annexation to Dublin within 90 days
of the date of the abrogation and will testify in favor of the annexation at
both the annexation hearings before the Franklin County Commissioners and
the Dublin City Council.
7.
8. That the Company agrees e by the development standards of the City
of Dublin in planning and con of all future expansion, and the City
agrees to expedite all applicat , u ct to code, which may need to be
heard by City boards and commissio d to work closely with the
Company in its efforts to grow and xpand with the City.
9. That the Company agrees to give full consideration to its Avery Road/Shier-
Rings Road site for future expansion of its facilities.
Signed this day of , 1991, on behalf of the City and the
Company.
MEDEX CITY OF DUBLIN
by: by:
C. Craig Waldbillig Timothy C. Hansley
Chief Executive Officer City Manager
Approved as to form:
Stephen J. Smith
City Law Director
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~. p):-f!. August 14, 1991
365-2742
Myra Caplinger
Acting Clerk of Council
City of Dublin .
6665 Coffman Road
Dublin, Ohio 43017
Subj ect: $150,000 Transportation System Improvement Notes
$325,000 Dublin Village Center Street Lighting Notes
$300,000 Coffman Park Municipal Complex Notes
$2,120,000 Muirfield Drive Improvement Notes
Note and Bond Reimbursement Ordinance
])ear Myra:
Enclosed for distribution to Council are five ordinances, four of
which authorize the note issues set forth above, The fifth ordinance
authorizes the Director of Finance to comply with federal tax regulations,
proposed to take effect on September 7, governing reimbursements from note and
bond proceeds of temporary advances made for capital expenditures from other
City funds, I am enclosing 19 copies of each ordinance for your convenience
in making this afternoon's distributions.
Each of these ordinances is for consideration at Council's August 19
regular meeting. Each ordinance has been drafted as an emergency measure and
wIll need to be passed by a separate roll call vote, In addition, prior to
passage of each ordInance, Council should suspend its three reading rule by a
separate roll call vote.
As I have mentioned to Marsha Grigsby, the ordinances for the
$325,000 Dublin Village Center Street Lighting Notes and for the $2,120,000
Muirfield Drive Improvement Notes have blanks in their respective Sections 1.
] am unable to fill in those blanks because 1 have never received copies if
the adopted resolution of necessity for each of these projects, I believe the
resolution of necessity for the Muirfield Drive project was passed on
October 15, 1900, and that the resolution of necessity for the Dublin Village
Center project may have been adopted in August or September 1990. Please
confirm the adoption dates and !'esoJution numbers and complete the blanks in
each of these note ordinances with the appropriate information prior to
passage of that ordinance.
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Myra Caplinger
August 14, 1991
Page 2
I look foward to meeting you on Monday evening as Marsha has
requested that I attend Council's meeting. In the meantime, please call me if
you have any questions.
Very truly yours,
Gregory W, Stype/ss Vi ~ \r"
Enclosures