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File #: 1843-2005    Version: 1
Type: Ordinance Status: Passed
File created: 10/25/2005 In control: Public Service & Transportation Committee
On agenda: 11/7/2005 Final action: 11/9/2005
Title: To authorize the Public Service Director to enter into an agreement with the Director of the Ohio Department of Transportation and to grant consent and propose cooperation with the State of Ohio for this realignment and reconstruction project at Ebright Road and U.S. Route 33 for the Transportation Division; and to declare an emergency. ($0)
Explanation
 
Background:  This is consent legislation with the Ohio Department of Transportation (ODOT) for a project to reconstruct and realign the overpass at Ebright Road and U.S. Route 33.  Ebright Road will be improved within the City of Columbus, Franklin County for approximately 2900' near its current intersection with U.S. Route 33 in Franklin County.  Approximately 1600' of the improvement to Ebright Road falls within the City of Columbus. (FRA-US33-26.97 PID 78328)  
 
Emergency action is requested in order to meet ODOT's schedule for this project.
 
Since a portion of this project lies within the City of Columbus, this consent ordinance is necessary.  Construction of this project is scheduled for 2007.  This legislation also authorizes the Public Service Director to enter into the necessary agreements to complete this project.
 
Fiscal Impact:  The estimated total cost of this project is $5,501,100.00, which will be funded by ODOT.
 
Title
 
To authorize the Public Service Director to enter into an agreement with the Director of the Ohio Department of Transportation and to grant consent and propose cooperation with the State of Ohio for this realignment and reconstruction project at Ebright Road and U.S. Route 33 for the Transportation Division; and to declare an emergency.  ($0)
 
Body
 
The following is an Ordinance enacted by the City of Columbus, Franklin County, Ohio, hereinafter referred to as the Local Public Agency (LPA), in the matter of the stated described project.
 
WHEREAS,  the LPA/State has identified the need for the described project:
 
Realignment and construction of new overpass at Ebright Road and U.S. Route 33.  
 
Ebright Road will be improved within the City of Columbus, Franklin County for approximately 2900' near its current intersection with U.S. Route 33 in Franklin County.
 
Approximately 1600' of the improvements to Ebright Road fall within the City of Columbus.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
 
SECTION 1 - Consent Statement
 
Being in the public interest, the LPA gives consent to the Director of Transportation to complete the above-described project.
 
SECTION 2 - Cooperation Statement
 
The LPA shall cooperate with the Director of Transportation in the above-described project as follows:
 
ODOT shall assume and bear 100% of the necessary cost of the State's highway improvement project.  In the event that the LPA requests certain features or appurtenances be included within the State's highway improvement project's design and construction, and which features and appurtenances are determined by the State and Federal Highway Administration to be not necessary for the State's project the LPA shall contribute 100% of the cost of those items.
 
SECTION 3 - Utilities and Right-of-Way Statement
 
The LPA agrees that all right-of-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 provision of 23 CFR 645 and the ODOT Utilities Manual.
 
SECTION 4 - Maintenance
 
Upon completion of the project, and unless otherwise agreed, the LPA shall: (1)provide adequate maintenance for the project in accordance with all applicable state and federal law, including, but not limited to, Title 23, U.S.C., Section 116; (2) provide ample financial resources, as necessary, for the maintenance of the 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 5 - Authority to Sign
 
The Director of Public Service of said City is hereby empowered on behalf of the City of Columbus to enter into contracts with the Director of Transportation necessary to complete the above-described project.
 
SECTION 6.  That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten day after passage if the Mayor neither approves nor vetoes the same.