Explanation
The occurrence of an above average number of crossover accidents has been documented at two (2) freeway locations within Columbus that lack concrete median barriers. These accidents are responsible for at least two fatalities. The Ohio Department of Transportation (ODOT) has determined that installation of cable-type barriers at these locations may serve to decrease the incidence rate of these types of accidents. This is consent legislation with the Ohio Department of Transportation (ODOT) for a roadway improvement project on a portion of IR-270 to install cable barrier in the median on IR-270 from 0.15 miles north of Trabue Road to SR 161 eastbound (FRA-SR315-8.45; FRA-IR270-9.45 PID #75285).
This consent ordinance is necessary since this project is within the City of Columbus. Construction of this project is scheduled within state fiscal year 2005. This project will be totally funded by ODOT (except for extraordinary features requested by the City, if any). No financial obligation to the City of Columbus is anticipated at this time. This legislation also authorizes the Public Service Director to enter into the necessary agreement(s) to complete this project. Ordinance 1947-2003, passed by City Council on September 29, 2003, granted consent for the same work to be performed on SR 315 between Bethel Road and SR-161. Subsequent to Ordinance 1947-2003 being written, ODOT expanded the project scope to include IR-270. This pending ordinance reflects the enlarged project scope.
Emergency action is requested to enhance motorist safety at these locations as quickly as possible.
Title
To authorize the Public Service Director to enter into an agreement with the Director of the Ohio Department of Transportation to grant consent and propose cooperation with the State of Ohio for a roadway improvement project to install a cable barrier on a portion of IR-270 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.
SECTION 1 - Project Description
WHEREAS, the State of Ohio has identified the need for the described project:
This project proposes to install cable barrier in the median on portions of a section of IR-270. Project limits extend through the corporate limits of the City of Columbus on IR-270 from 0.15 miles north of Trabue Road to SR 161 eastbound, and
WHEREAS, an emergency exists in the usually daily operation of the Transportation Division, Public Service Department, in that it is immediately necessary to proceed with this roadway improvement as soon as possible in order to enhance motorist safety, thereby preserving the public health, peace, property, safety and welfare, now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 2 - Consent Statement
Being in the public interest, the LPA gives consent to the Director of Transportation to complete the above-described project.
SECTION 3 - 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 of the Ohio Department of Transportation.
The Ohio Department of Transportation shall assume and bear one hundred percent (100%) of the necessary costs of the highway improvement project.
In the event that the City requests certain features or appurtenances be included within the highway improvement project's design and construction, and which features and appurtenances are determined by the State and the Federal Highway Administration to be not necessary for the State's highway improvement project, the City shall, prior to the project being advertised for construction contract bidding purposes, provide appropriate documentation that its Council has appropriated, and its Auditor has certified as being available for such specific purposes, funds sufficient in amount to cover one hundred percent of the costs of incorporating such additional features or appurtenances within the State's project, including preliminary engineering, final design, right-of-way, construction and construction engineering expenses as may be directly related thereto.
SECTION 4 - 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 provisions of 23 CFR 645 and the ODOT Utilities Manual.
SECTION 5 - 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 6 - Authority to Sign
The Public Service Director is hereby empowered on behalf of the City of Columbus to enter into a contract(s) with the Director of Transportation necessary to complete the above-described project.
SECTION 7 - 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 days after passage if the Mayor neither approves nor vetoes the same.