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1976-111 ResolutionRESOLUTION 1976 - 111 FINAL Offered by Mayor Hartlaub RESOLUTION Adopting plans; Proposing to co-operate; Requesting Director to proceed; (Chapter 5521, Ohio Revised Code) M~. Ball , moved the adoption of the following Resolution' WHEREAS, At a meeting of the legislative authority of Fairlawn, Ohio, held in the office of said legislative authority on this lSth day of Sep- tember 1976, a quorum being present, the improvement of Miller Road, under the provisions of Chapter 5521, Ohio Revised Code, and Amended Senate Bill 428, passed by the 108th General Assembly of Ohio and in accordance with the provisions "State Issue No I Funds" of Ohio Department of Highways Procedure Manual, . , came on for further consideration; said portion of highway as described in the legislation proposing cooperation with the Director of Transportation enacted on the 7th day of August, 1972, being as follows' The improvement of Miller Road from Ri dgewood Road to West Market Street. Total length of work being approxi- mately 1.034 miles ; and WHEREAS,.. In said legislation proposing cooperation, said' legislative authority proposed to cooperate with the Director of Transportation in the improvement of Miller Road, by assuming and contributing the entire cost and expense of the improvement less the lump sum amount of State Issue No. I Funds determined to be available and eligible for participation in said improvement. The total cost of the project is now estimated in the amount of Six Hundred Sixty~Seven Thousand Three Hundred ........ O0/lO0 Dollars ($667,300.00), less the lump sum amount of State Is.sue No. I Funds determined to be available and eligible for participation in said improvement in the amount of Four Hundred Forty Six Thousand Three Hundred ........ O0/lO0 Dollars ($446,300.00), and less City of Akron share in the amount of Sixteen Thousand Four Hundred Fifty One ........ 00/100 Dollars ($16,451.00), leaving an estimated balance presently due the State from the City of Fairlawn in the amount of Two Hundred Four Thousand Five Hundred Forty Nine ........ 00/100 Dollars ($204,549.00), but said estimated balance is to be adjusted when final actual costs are determined. ,. The City forther agrees to assume and bear 100% of the cost of preliminary engineering for the project' ;and P age One 1976-111 RESOLUTION ~976- ~-I (Cont.) 5UITImlt bounl;y - ~ Ly U l Miller Road State Issue N( I Final Resolution - Page WHEREAS, The Director of Transportation has approved said legislation proposing cooperation and has caused to be made plans and specifications and an estimate of cost and expense for improving the above described highway and has transmitted copies of same to this legislative authority ; and WHEREAS, This legislative authority desires to proceed wi th the aforesaid highway improvement. the Director of Transportation Now, Therefore, Be It Resolved' I · II. III. IV. V~ VI. VII. That the section of highway above described be improved under the provisions of aforesaid law. That said work be done under the charge, care and superintendence of the Director of Transportation and that said plans, · specifications and estimates for this highway improvement as approved by the Director of Transportation are hereby approved and adopted by this legislative authority. That this legislative authority is still of the opinion the proposed work on the described highway.should be constructed, and that we should co-operate on the basis set forth in our proposal. That the est Nine .... for improvin hereby autho said sum upo the cost and in the first the amount t imated sum of" Two Hundred .... O0/lO0 Dollars ($ g the highway described ab ri zed and directed to i ssu n the requisition of the D expense of said improveme instance, the share of th o be allocated from State Four Thousand Five Hundred Forty_ 204,549.00), is hereby appropriated ove, and the fiscal officer is e his order on the treasurer for irector of Transportation to pay nt. We hereby agree to assume, e cost and expense over and above !ssue No. I Funds. That the installation of all utility facilities on the right-of-way shall conform with the requirements of the Federal Highway Administration Policy and Procedure Memorandum 30-4, "Utility Relocations and Adjustments" and the Department of Transportation rules on Utility Accommodation. That traffic control signals will not be installed on the project without prior approval by the State and the municipality does hereby agree to place'and maintain all traffic control devices conforming to the Ohio Manual of Uniform Traffic Control Devices on the improvement in compliance with the provisions of Section 4511.11 and related sections of the Ohio Revised Code. That the rights-of-way provided for said improvement shall be held inviolate for public highway purposes and no signs, posters, billboards, roadside stands or other private installations shall be permitted within the right-of-way 1 imits. - That this legislative authority of Fairlawn, Ohio, enter into a contract with the Director of Transportation providing for the payment by said. legislative authority of the estimated sum of Two Hundred Four Thousand Five Hundred Forty Nine ........ 00/100 Dollars ($204,549.00), the agreed proportion of the cost and expense to be borne by Eairlawn, Ohio, for the improvement of the hereinbefore described highway. Page Two 1976-111 RESOLUTION 1976- 111 (Cont.) Sure, nit County - City ot va~rlawn Miller Road State Issue N( I Final Resolution- Page 3 VIII. That this legislative authority of Fairlawn, Ohio, hereby requests the Director of Transportation to proceed with the aforesaid highway improvement. IX. That the Clerk of this legislative authority be, and he is hereby directed to transmit to the Director of Transportation a certified copy of these Resolutions. Xl This Resolution is hereby declared to be an emergency measure by reason of the need for expediting construction of project(s) to promote highway safety, and provided it receives the affirmative vote by two-thirds of the members elected to the legislative authority it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law. · Thereupon, Mr. Walker , seconded the said motion, and upon the roll being called, the result of the vote was as follows' Vote on suspension of the rule requiring an ordinance to be fully and distinctly read on three different days' (Requires a yea vote by three-fourths of all elected members) Yeas ? Nays o Vote on emergency clause' Yeas ? Nays 0 Passed' September 13 , 1976 Yeas 7 Nays o As An Emergency Measure. Pas s ed' September 13 Attest' C-,-~tk,t t~l. Ct. '- ,. 1976. ..... ~.c h~-~Pegi s 1 a ti v6 A~-~o o/"' ...... ....... ~ .... "(" CC,~'..~.~ 2 " ri ty This is to c~r+!fy that w~th~n O, tl ri- ,., ,' = i~-A,,~ D, ~h~ , ' '. ,"' 4,::,:~,/%e..,,.3lt tion wao .,~::'.'.,.' ...... ~ by postln ~ 'r,,,- c~ t ,~ ~' c 'g-,', ..~ :~~ 'he same in f~v~ ...,abl~ places wi,hJn ~ ~ as p~scrib~d in O'~'d. J~72-i08. ' Willi~ --F. 'Re~d Clerk of Council Pmt, P. Tllt-(?e 1976-111 SUlllml t county - ~1 ~y OT r ct i ~'idW~i Miller Road State Issue N I Final Resolution - Page 4 of 4 Pages The State of Ohio Fai rl awn, Ohio ) ) Office of the Legislative Authority ) This is to certify that we have compared the foregoing copy of Resolution with the original record thereof, found in the record of the proceedings of the legi'slative authority of Fairlawn, Ohio, which Resolution was duly passed by said legislative authority of Fairlawn, Ohio, on the 13th day of. ~-4o~-mb--~, _. , 1976, and that the same is a true and correct copy of the record of said Resolution and the action of said legislative authority thereon. We further certify that said Resolution and the action of said legislative authority thereon is recorded in the journal of said legislative authority in volume 1976 , at page ~[11 . and under date of Se,Pre. er 13, _ . 1976. IN WITNESS WHEREOF, We have hereunto set our hands and seal, this 13th - . ~ day of Septe_qt]oer . 1976. _ *SEAL i n~Offi cer ~.//. C. e~_ (SecretarfExE~ ffi io) l'e (Secreta -o c Legislative Authority of Fairlawn, Ohio. *Note- If the fiscal officer is secretary Ex-officio of the legislative authority, the fiscal officer's seal should be affixed. If there is no'seal, this fact should be stated by separate letter and attached hereto.