39-93 Ordinance
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No. _m__3.9:-_9.3n Passednm mmmnmmmm n m19 n~t~-
I
AN ORDINANCE APPROPRIA TING FUNDS TO SETTLE I
I
THE APPROPRIA TlON CASES RELA TED TO THE I
",.. EXTENSION OF MUIRFIELD DRIVE, AND DECLARING !
AN EMERGENCY
....
WHEREAS, Council has previously passed Ordinance No. 79-90, appropriating
fee simple interests, temporary construction easements and permanent sewer
easements in a 42.439 acre tract; Ordinance No. 80-90, appropriating fee
simple interest, temporary construction easements and temporary storm water
easements in a 24.386 acre tract; and Ordinance 83-90, appropriating fee
simple interest and temporary construction easements for the extension of
Muirfield Drive; and
WHEREAS, pursuant thereto, the City initiated appropriation litigation in the
Franklin County Common Pleas Court in Case No. 90CVH-12-9371 and Case
No. 90CVH-12-9368; and
WHEREAS, the Law Director has negotiated a settlement with the property
owners which he has recommended to Council to settle the aforementioned
cases; and
WHEREAS, Council has approved the recommended settlement; and
WHEREAS, it is necessary to amend the annual appropriation ordinance for the
",.... purpose of appropriating funds to settle the aforementioned litigation and
complete the aforementioned appropriation.
'-> NOW, THEREFO?:, BE IT ORDAINED, by the Council of the City of Dublin,
State of Ohio, of the elected members concurring that:
Section 1. There be appropriated from the unappropriated balance in the
Capital Improvements Tax Fund the amount of $267,000 to account 40-03-14-
2551 for the purpose of transferring funds to the Muirfield Drive Improvements
Fund.
Section 2. There be appropriated from the unappropriated balance in the
Muirfield Drive Fund the amount of $267,000 to account 46-03-14-2551 to
settle the aforementioned litigation.
Section 3. There be appropriated from the unappropriated balance in the
Sewer Fund the amount of $200,000 to account 61-06-14-2560 to provide
funding for the extension of the 24-inch Dublinshire sanitary trunk sewer across
Muirfield Drive as provided by the settlement agreement.
Section 4. This ordinance be, and the same hereby is, declared to be an
emergency measure for the preservation of public peace, health or welfare of
the residents of the City, and therefore this ordinance shall take effect and be
in force immediately upon its passage.
r Passed this /7.;J, day of ~
:" I 1993.
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