ORDINANCE NO. 2015-08
AN ORDINANCE APPROVING PRELIMINARY PARTICIPATORY LEGISLATION FOR THE PROJECT IDENTIFIED AS PAU SRTS ANTWERP PHASE II PID 93589,
AND DECLARING THE SAME AN EMERGENCY
The following is an Ordinance enacted by the Village of Antwerp, Paulding County, Ohio, hereinafter referred to as the Local Public Agency (LPA), in the matter of the stated described project.
SECTION I – Project Description
WHEREAS, the LPA has identified the need for the described project:
This Safe Routes to School project proposes to:
· Add new sidewalk along the west side of Harrmann Road along the west side of Harrmann Road from the Antwerp School to Canal Street and along the north side of Canal Street from Harrmann Road westerly to Kroos Street.
WHEREAS, the project is within the Village corporation limits.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF ANTWERP, COUNTY OF PAULDING, OHIO:
SECTION II – School District Cooperation Statement
The LPA has entered into a Maintenance and Construction Agreement with the Antwerp Local School Board, which allows the LPA to act as the lead agency on behalf of the Antwerp Local School Board. The Antwerp Local School Board, by virtue of this agreement, grants a right of entry, at no cost by ODOT, the LPA or their contractors in order to construct all applicable project improvements on school property. These project improvements are sidewalks. The LPA and Antwerp Local School Board agreement further states that the improvements are to be maintained by Antwerp Local Schools for a period not less than twenty (20) years from the construction completion date.
SECTION III – Consent Statement
Being in the public interest, the LPA gives consent to the Director of Transportation to complete the above described project.
SECTION IV – Cooperation Statement
The LPA shall cooperate with the Director of Transportation in the above-described project as follows:
The LPA hereby agrees to pay for the entire cost of the improvement, including environmental, preliminary engineering, right-of-way and construction costs, less the amount of State Highway funds allocated to this project by the Ohio Department of Transportation (ODOT). In the event that the LPA requests certain features or appurtenances to be included within the project’s design and/or construction, and which features and appurtenances are determined by the State to be not necessary for the project, the LPA shall contribute 100% of the cost of those items.
SECTION V – Utilities and Right-of-Way Statement
The LPA agrees that all right-of-way required (if applicable) 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 accommodations, relocations and reimbursements will comply with the current provisions of 23 CFR 65 and the ODOT Utilities Manual.
SECTION VI – Maintenance
Maintain the right-of-way and keep it free of obstructions, and hold said right-of-way inviolate for public highway purposes.
The Mayor of said Village of Antwerp is hereby empowered on behalf of the Village of Antwerp to enter into agreements with the Director of Transportation necessary to complete the above-described project.
SECTION VII – Authority to Sign
The Mayor of said Village is hereby empowered on behalf of the Village to enter into contracts with ODOT pre-qualified consultants for the preliminary engineering phase of the Project and to enter into contracts with the Director of Transportation necessary to complete the above-described project. Upon the request of ODOT, the Mayor is also empowered to assign all rights, title and interests of the Village to ODOT arising from any agreement with its consultant in order to allow ODOT to direct additional or corrective work, recover damages due to errors or omissions, and to exercise all other contractual rights and remedies afforded by law or equity.
SECTION VIII – Passage in Open Meetings
It is found and determined that all formal actions of the Legislative Authority of the LPA concerning or relating to the passage of this Ordinance were adopted in open meetings of the LPA, and that all deliberations of the Legislative Authority of the LPA and any of its committees that resulted in such formal actions, were in meetings open to the public, in compliance with all legal requirements including all lawful ordinances and any applicable provisions of Section 121.22 of the Ohio Revised Code.
SECTION IX – Emergency Measure
This Ordinance is hereby declared to be an emergency measure necessary for the preservation of the public health, safety and welfare, and for the further reason to expedite the project referenced herein and to promote highway safety. This Ordinance 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.
Passed: _____________________, 2015.
Tom Van Vlerah, Mayor
Village of Antwerp
Loretta Baker, Fiscal Officer
Village of Antwerp