Explanation
BACKGROUND:
Through Resolution 0109X-2005, Council declares the necessity of the improvement of public streets and easements by improving the approaches and intersection of Lancaster Avenue and East Broad Street and constructing a collector road between Lancaster Avenue and East Broad Street under the assessment procedure. The purpose of this ordinance is to assess the cost of such improvement. Property owners have submitted a petition for the improvement of public streets and easements by improving the approaches and intersection of Lancaster Avenue and East Broad Street and constructing a collector road between Lancaster Avenue and East Broad Street by excavating, grading, paving and installing traffic signalization, street lighting, conduit, traffic pavement markings, street signs, loop detectors, and controllers together with all necessary and related appurtenances. This petition has been submitted to the Columbus City Council through the City Clerk's office.
FISCAL IMPACT:
No funding is required for this legislation.
Title
An Ordinance assessing the cost of the improvement of public streets and easements by improving the approaches and intersection of Lancaster Avenue and East Broad Street and constructing a collector road between Lancaster Avenue and East Broad Street by excavating, grading, paving and installing traffic signalization, street lighting, conduit, traffic pavement markings, street signs, loop detectors, and controllers together with all necessary and related appurtenances under the assessment procedure. ($0)
Body
WHEREAS, property owners have submitted a petition for the improvement of public streets and easements by improving the approaches and intersection of Lancaster Avenue and East Broad Street and constructing a collector road between Lancaster Avenue and East Broad Street by excavating, grading, paving and installing traffic signalization, street lighting, conduit, traffic pavement markings, street signs, loop detectors, and controllers together with all necessary and related appurtenances; and
WHEREAS, Council Resolution 0109X-2005 (the "Resolution of Necessity"), declares the necessity of making the Improvement described in Section 1; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. It is determined to proceed with: the improvement of Lancaster Avenue, a public road; the improvement of East Broad Street, a public road; the improvement of the approaches and intersection of Lancaster Avenue and East Broad Street; the improvement of the approaches and intersection of East Broad Street and Brannockburn Boulevard; the construction of Tatum Way, a new road; the construction of Shallotte Drive, a new road; and the construction of Reynolds Crossing Drive, a new 2600 foot collector road connecting Lancaster Avenue and East Broad Street (beginning from Lancaster Avenue approximately 1000 feet south of the intersection, continuing in a northeasterly direction, and ending at East Broad Street approximately 2400 feet east of the intersection), by excavating, grading, and paving the public streets and parking areas, planting of hedges and trees including street trees, installing drainage, street and parking area lighting, decorative street lamps, conduit, curbs and gutters, sidewalks, bicycle parking, ADA compliant handicapped ramps, traffic pavement markings, street signs, traffic signalization, loop detectors, and controllers together with all necessary and related appurtenances (the "Improvement").
Section 2. The Improvement shall be made in accordance with the provisions of the Resolution of Necessity (including the Petition referenced therein and attached thereto) and with the plans, specifications, profiles and estimate of cost previously approved and now on file in the office of the Clerk of Council.
Section 3. The portion of the cost of the Improvement to be assessed in accordance with the Resolution of Necessity and the related Petition shall be assessed in the manner and pursuant to the payment schedule set forth, and on the lots and lands described, in that Resolution and the related Petition.
Section 4. All claims for damages resulting from the Improvement that have been or are legally filed shall be inquired into after completion of the Improvement, and the Director of Law is authorized and directed to institute legal proceedings in a court of competent jurisdiction to inquire into those claims.
Section 5. The estimated special assessments previously prepared and filed in the office of the Clerk of Council and in accordance with the Resolution of Necessity and the related Petition are adopted, with the stipulation that all references in the Petition to Ohio Revised Code Sections shall be construed and treated as including and incorporating references to parallel Columbus City Charter Sections as follows:
Ohio Revised Code Section(s) |
Columbus City Charter Section(s) |
Chapter 727 |
164-191 |
727.03 |
180 |
727.06 |
181.1 |
727.04 |
182 |
727.15 |
171 |
727.18-727.22 |
174-176 |
727.43 |
177 |
727.13 |
170 |
727.16 |
172 |
727.17 |
173 |
Section 6. The Clerk of Council shall deliver a certified copy of this Ordinance to the County Auditor of Franklin County, Ohio within 15 days after its passage.
Section 7. Subject to the provisions of Section 727.24 of the Revised Code, the Director of Public Service is authorized and directed, as soon as the funds are available, to make and sign a contract for the Improvement in accordance with applicable law, and the Improvement shall be financed as provided in the Resolution of Necessity.
Section 8. This Council finds and determines that all formal actions of this Council and any of its committees concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council and any of its committees that resulted in those formal actions were in meetings open to the public, all in compliance with the law including Section 121.22 of the Revised Code.
Section 9. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.