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049-94 Ordinance ~~"._-'~- CS-l Hav. 6/1/87 . . " ... NAME OF STREET ----------------------------------- ORDINANCE NO._______~~~_~_~__________ ROUTE NO, SR-745 DATE ---------------------------------------- ------------------------------------------ An ~i~~i~rnordinance enacted by the City of____~ubl1Jl___________ ~ _____________________, ----------------------------------- County, Ohio, in the aatter of the hereinafter described improvement and to request cooperation by the Director of Transportation, WHEREAS, the City has identified the need for and proposes the improvement of a portion of the ~ public highway which is described as follows: SR-745 at S. L.M. 0.24 and S.L.M. 1.46, remove existing Type 4 Guardrail and replace ~...- with Type 5 Guardrail including updated anchor assemblies and bridge terminal . assemblies if applicable. said portion of highway within the municipal corporation limits being hereinafter referred to as the improvement, and WHEREAS, the City further desires Cooperation from the Director of Transportation in the planning, design and construction of said improvement, NOW THEREFORE, Be it ordained by the Council of the City.iOf____~~h..~~~______________________, Ohio: . CTION I (Cooperation) 'D'" That suid City hereby requests the cooperation of the Director of Transportation in th~ cost of the above described improvement as follows: The Ohio Department of Transportation will assume and bear one-hundred percent ( 100%) of the cost of the project. For those items not neccessary for the improvement, as decided upon by the State, the City will take responsibility for payment of these items, SECTION 11 (Consent) That it is declared to be in the public interest that the consent of said City be and such consent is hereby given to the Director of Transportation to construct the above described improvement, in accordance with plans, specifications and estimates as approved by the Director. . .. SECTION III (Authori ty to Sign) That the______. --~~~:---------------------___________Of said City, ia hereby empowered directed on behalf of the City to enter into agreements with the Director of Transportation ~jS8ry to complete the planning and construction of this improvement. SECTION IV (Traffic Control Signals and Devices) . That traffic control devices installed within the limits of the project will conform with Section 4511 of the Ohio Revised Code. Page 1 of 3 ~--~-~~.- ... -,,- -~ ----------~ ~_._._-- --"......- C'S- I Rev. 6/1/87 . SECTION V (Maintenance and Parking) That upon completion of said improvement, said City, will thereafter keep said highway open to traffic at all times, and (a) Maintain the improvement in accordance with the provisions of the statutes relating thereto and make ample financial and other provisions for such maintenance; and (b) Maintain the eight-of-way and keep it free of obstructions in a manner satis~ factory to the State of Ohio and hold said right-of-way inviolate for public highway purposes and permit no signs, posters, billboards, roadside stands or other private installations within the right-of-way limits; and ...... Place and maintain all traffic control devices conforming to the Ohio Manual (c) of Uniform Traffic Control Devices on the improvement in compliance with the provisions of Section 4511.11 and related sections of the Ohio Revised Code. (d) Regulate parking in the following manner: No Restrictions SECTION VI (Right-of-Way, Utility Rearrangement and Damage and Liability Responsibilities) ( a) That all eXisting street and public way right-of-way within the City .which is necessary for the aforesaid improvement, shall be made available therefor, (b) That the State/City will acquire any additional right-of-way required for the construction of ~he .aforesaid improvement. - ( c) That arrangements have been or will be made with and agreements obtained from all public 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 said companies have agreed to make such necessary rearrangements immediately after notification by said City or the Department of Transportation. (d) That it is hereby agreed that the City 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-4ll 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 re- quested by the Department of Transportation Engineer. ( e) That the construction, reconstruction, and/or rearrangement of both publicly and privately owned utilities, referred to in subsections (c) and (d) above, shall be done in such a manner 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 in accordance with the provisions of the Ohio Department of Transportation Construction and Material Specifications and shall be subject to approval by the St.ale. .. (1') That. the installation of all utility facilities on the right of way shall conform with the 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. ....... (g) That. the City 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), Cd), ( e) and (f) hereinabove. Page 2 of 3 -,",'~'~'.~'-- """"-.-''''. ------- . .gS-l Rov. 6,(;1.1:87 ' , ************* * ********************************************************************* * SPECIAL NOTE: * * * * Please make sure all spaces are filled out and signed, including the signature * * for the 'Contractual Officer and Witness near the bottom of this sheet. If the * * clerk does not have a seal, please enclose a signed note stating this. Please * * return two (2) signed and certified Copies of the legislation to: * * Ned W. Kerstetter, P. E, * * Ohio Department of Transportation * * District Six * * 400 E, William Street * * , Delaware, Ohio 430 15 ~ ******************************************************'********~********************** , t~ This ordinance is hereby declared to be an emergency measure by reason of the need tor expediting highway improvements to promote highway safety, and provided it receive. the affirmative vote of two-thirds of the members elected to Council, it shall take " ...... .ff.ct and b. In forc. iom.di.t.ly upon It. P....ag. and..ppro..l by the Moyor; oth.rwi.., it shall t~e effect and be in force from and after the earliest period allowed by law. P....d' --~---JC!--_______.19_~2{ ----~~------ Attest: -~--c..~__ , Clerk Attest: _______________________________ -------P~e;rdenr_of Council ...... ---- **************************************************************** CERTIFICATE OF COpy STATE or OHIO . Ci ty of_--....E!.P~________SS Count Franklin y-------------------------- , I. --(]_'?iJ-(;--C-"-_(}-!-E.f::.!;;!;.... .. Cl.rk of the City of~.l: ~II' h.._____~_, Ohio. do h.reby certl fy thet the fo reto int i. e true and correct topy 0 f ordinance "-I "1_ q "I adopted by the legislative Authority of the said City on the--___~_______day.~of '.. -----~----------. 19_~. th.t the Publicatien. of .uch ordinance ha. bean ..d. and ce ified of record according to law; that no proceedings looking to a referendum upon .uch ordinance ha.e baen takan, and th.t .uch o~~anc. and c.rtificat. of pUbli- cation thereof are of record in Ordinance Record No,_ -::L~, Page___' _______, ' IN WITNES(p'WHEREOF, I have hereunto subscribed my name and affixed my official seal, this___ -jt__~____day Of__~--------____, 19_~ (SEAL) . --~_<2...~_ Clerk City of___~~~~~___________, Ohio. ***************************************************************** Tne aforegoing is accepted as a basis for proceeding with the improvement herein described. For the Cit of Dublin , Ohio. y ------- Attest: ---------------------------------- ,. ----- --- _,Date___ Contractual Officer ....... For the State of Ohio Attest: ---------------------------------- -------------------------______.Date__~________ Director, Ohio Department of Transportation " Page 3 of3