2016-82 Resurfacing of SR95 & SR 309 - ODOT 2017

                                                  PID Number 99783

                                                  MAR-95-13.10

 

ORDINANCE ENACTED BY THE CITY OF MARION, MARION COUNTY, OHIO, HEREINAFTER REFERRED TO AS THE LOCAL PUBLIC AGENCY (LPA), IN THE MATTER OF RESURFACING SR95 AND SR309 DESCRIBED BELOW, AND DECLARING AN EMERGENCY

Section I – Project Description

 

WHEREAS, the LPA has identified the need for the described project:

 

This project proposes to resurface SR95 from the Western City corporation line to Davids Street, and SR309 from Hoyles Street to West Center Street.

 

NOW THEREFORE, be it ordained by the City of Marion, Marion County, Ohio;

 

Section II – Consent Statement

 

Being in the public interest, the LPA gives consent to the Director of Transportation to complete the above described project.

 

Section III – Cooperation Statement

 

The LPA shall cooperate with the Director of Transportation in the above described project as follows:

 

The City hereby agrees to cooperate with the Director of Transportation of the State of Ohio in the planning, design and construction of the identified highway improvement project and grants consent to the Ohio Department of Transportation for its development and construction of the project in accordance with plans, specifications and estimates as approved by the Director;

 

The Ohio Department of Transportation shall assume and bear one hundred percent (100%) of the necessary costs of the State’s highway improvement project.

 

The City agrees to assume and bear one hundred percent (100%) of the cost of Design, of Right-of-Way and Construction less the amount of federal funds set aside by the Director of Transportation and the Federal Highway Administration.

 

The City agrees to assume and bear one hundred percent (100%) of the total cost of those features requested by the City which are not necessary for the improvement as determined by the State and Federal Highway Administration.

 

Section IV – Utilities and Right-of-Way Statement

 

The LPA agrees that all right-ow-way required for the described project will be acquired and/or made available in accordance with current State and Federal regulations. The LPA also understands that right-of-way costs include eligible utility costs.

 

The LPA agrees that all utility accommodation, relocation and reimbursement will comply with the current provisions of 23 CFR 645 and the ODOT Utilities Manual.

 

Section V – Maintenance

 

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

 

Section VI – Authority to Sign

 

The Director of Public Service of said LPA is hereby empowered on behalf of the City of Marion to enter into contracts with the director of Transportation necessary to complete the above described project.

                   

Section VII – Emergency

 

This Ordinance is hereby declared to be an emergency measure to expedite the highway project(s) and to promote highway safety. Following appropriate legislation action, it shall take effect and be in force immediately upon its passage and approval, otherwise it shall take effect and be in force from and after the earliest period allowed by law.

 

 

         

Approved:                                                       _____________________

                                                                      Dr. Scot Gray

                                                                      President of Council

 

____________________________

Mayor Scott Schertzer

 

 

Attest:

 

 

 

____________________________

Clerk of Council