2012-17

ORDINANCE ENACTED BY THE CITY OF MARION, SIMULTANOUSLY WITH THE MARION CITY SCHOOL DISTRICT, AND THE MARION PUBLIC HEALTH DEPARTMENT CONCURRENTLY ACT TO APPROVE, ALL BEING LOCATED IN MARION COUNTY, OHIO, HEREINAFTER REFERRED TO AS THE COLLECTIVE LOCAL PUBLIC AGENCY (LPA), IN RE: INFRASTURTURE SAFE ROUTES TO SCHOOL PROJECTS, AND DECLARING AN EMERGENCY

WHEREAS, the United States Congress has set aside monies for Safe Routes to School Projects through the State of Ohio, Department of Transportation; and

WHEREAS, LPAs can apply for these monies and be selected for funding by the State of Ohio, Department of Transportation; and

WHEREAS, the proposed improvements outlined in the School Travel Plan associated with the Taft Elementary School is a transportation activity eligible to receive federal funding; and

NOW, THEREFORE BE IT ORDAINED by the City of Marion, the Marion City School District, and the Marion Public Health Department, located in Marion County, State of Ohio, that:

SECTION ONE: The Mayor of the City of Marion, simultaneously with the Marion City School District, and the Marion Public Health Department concurrently of the said LPA is hereby empowered on behalf of the collective LPA to prepare and execute an application for SRTS funds for the stated described project and to submit same to the State of Ohio, Department of Transportation.

SECTION TWO: The total cost of the project is estimated to be $__________, of which the collective LPA, if awarded the funds, the collective LPA further agrees to pay One Hundred Percent (100%) of the construction cost over and above the maximum amount provided by the State of Ohio, Department of Transportation.

SECTION THREE: Upon completion of the described Project, and unless otherwise agreed, the collective LPA shall: (1) provide adequate maintenance for the described Project in accordance with all applicable state and federal laws, including, but not limited to, 23 USC 116; (2) provide ample financial provisions, as necessary, for the maintenance of the described Project; (3) if necessary, maintain the right-of-way, keeping it free of obstructions; and (4) if necessary, hold said right-of-way inviolate for public highway purposes.

SECTION FOUR: If the application is approved for the funding the City of Marion of said collective LPA is hereby empowered on behalf of the collective LPA to enter into a contract with the Director of the Ohio Department of Transportation necessary to complete the above described project.

SECTION FIVE: That this ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, welfare and safety of the City of Marion and the inhabitants thereof, and due to the fact of meeting the Safe Routes to School application deadline; and as such, shall take effect and be in force immediately upon its passage and approval by the Mayor, provided it receives the affirmative vote of two-thirds of all members elected to Council; otherwise it shall become effective from and after the earliest period allowed by law.
 


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Approved: Dave Edwards
President of Council

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Mayor Scott Schertzer


Attest;

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Clerk of Council