2017-51 Uhler Rd Plan - by-pass of storm sewer

ORDINANCE AUTHORIZING THE PUBLIC WORKS DIRECTOR TO PROCEED IN REGARD TO THE UHLER RD. PLAN RELATED TO THE FAILED UNAPPROVED PRIVATE BY-PASS OF THE STORM SEWER SYSTEM, IT BEING DECLARED AN EMERGENCY NECESSARY TO PROCEED WITHOUT FORMAL BIDDING AND ADVERTISING PURSUANT TO ORC 735.051, AND DECLARING AN EMERGENCY, as amended

WHEREAS, it was discovered an illegal modification to the storm water system had been completed quite some time ago which has failed and necessitates City evaluating necessary modifications to the system, and

WHEREAS, Public Works Director has collected necessary data, including but not limited to elevations, it is now necessary to take action without delay, and

WHEREAS, the wastewater department is meticulously tracking hours expended, equipment used and inspecting the repair project.

BE IT ORDAINED by the Council of the City of Marion, Ohio: Marion County,

Section 1. The Council determines it necessary to authorize the Public Works Director to proceed with the Uhler Rd. Storm Water diversion PLAN and does hereby determine and find this action to be necessary as an emergency under ORC 735.051 enabling the project to be awarded without statutory letting procedures given the immediate need and real and present emergency to ensure the system is not further negatively impacted by the failure. IN ADDITION, COUNCIL AUTHORIZES ADMINISTRATORS TO ENTER AGREEMENTS TO ACCOMPLISH THE DESIRED RESULT.

            Section 2.  Authorization includes but is not limited to the Public Works Director entering into contract with a qualified contractor, providing necessary materials or other enabling acts he finds to be appropriate. 

Section 3.  The cost of the project shall be payable from the Storm Water Sewer Fund 504.5008.5402.

            Section 4.  This Ordinance is hereby declared to be an emergency measure necessary for the welfare of the City of Marion and its’ inhabitants thereof:   Due to the real and present need to move forward without delay to repair the system given the failure discovered; 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.

Approved:                                                      _____________________________

                                                                        Kate Fisher

                                                                        President of Council

___________________________

Mayor Scott Schertzer

Attest:

______________________________

Clerk of Council