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File #: O-068-19    Version: 1 Name:
Type: Ordinance Status: Mayor's Office
File created: 1/17/2019 In control: Public Utilities Department
On agenda: 2/5/2019 Final action: 2/5/2019
Title: Authorizing the mayor to enter into and execute cooperative agreements between the City of Toledo and the State of Ohio, Department of Transportation (ODOT) and giving consent to ODOT to deck seal along SR 2 on the Anthony Wayne Bridge over the Maumee River PID 101114; and declaring an emergency.
Attachments: 1. Audio: Agenda Review 1/29/2019

Label

DPU020519ODOTANTHONYWAYNEBRIDGEDECKSEAL

Engineering Services

David Dysard (x2693)

Revised

 

Title

Authorizing the mayor to enter into and execute cooperative agreements between the City of Toledo and the State of Ohio, Department of Transportation (ODOT) and giving consent to ODOT to deck seal along SR 2 on the Anthony Wayne Bridge over the Maumee River PID 101114; and declaring an emergency.

 

Body

SUMMARY & BACKGROUND:

The Ohio Department of Transportation (ODOT) has identified the need to deck seal the newly reconstructed deck of the Anthony Wayne Bridge within the City of Toledo to extend its useful life.  ODOT is responsible for major maintenance of major bridges carrying state routes within city limits. This ordinance and cooperative agreements are needed to allow ODOT to conduct this work within the limits of the City of Toledo.  The City of Toledo has no financial participation in this project.

 

The City of Toledo desires the State of Ohio, Director of Transportation, to proceed with the aforesaid highway improvements.

 

Summary

NOW, THEREFORE, Be it ordained by the Council of the City of Toledo:

 

SECTION 1.                     That the mayor is authorized to enter into and execute cooperative agreements between the City of Toledo and the State of Ohio, Department of Transportation to deck seal along SR 2 on the Anthony Wayne Bridge - PID 101114.

 

SECTION 2.                     That the City of Toledo gives consent to the State of Ohio, Director of Transportation, to complete the above described highway improvements.

 

SECTION 3.                     That the City of Toledo shall cooperate with the State of Ohio, Director of Transportation in connection with the above described projects as follows, subject to the availability and appropriation of funds:

 

1)                     The City of Toledo will assume and bear one hundred percent (100%) of the total cost of any features, requested by the City, that are not necessary for the project, as determined by the State of Ohio and/or the Federal Highway Administration.

 

2)                     The City of Toledo consents to having the State of Ohio acquire all necessary rights-of-way for the subject project in the name of the City of Toledo.

 

3)                     The City of Toledo agrees, upon completion of the project, to own and maintain all those portions of the project under its jurisdiction.

 

4)                     The State of Ohio agrees to be the lead agency and to administer the construction phase of this project.

 

SECTION 4.  That the City of Toledo agrees that all existing street and public way rights-of-way, within the jurisdiction of the City of Toledo, that are necessary for the described project shall be made available therefore. The City of Toledo further agrees that any rights-of-way acquired by the City of Toledo, on behalf of the described projects, shall be acquired and/or made available in accordance with current State and Federal regulations.  The City of Toledo 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. That upon completion of the projects, and unless otherwise agreed, the City of Toledo shall:

1)                     Provide adequate maintenance for those portions of the project under the jurisdiction of the City of Toledo 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 provisions, as necessary, for the maintenance of those portions of the projects under its jurisdiction; 

 

3)                      Maintain the right-of-way, keeping it free from obstructions; and,

 

4)                     Hold said right-of-way inviolate for public transportation purposes.

 

                     SECTION 6.                     That this ordinance is declared to be an emergency measure and shall be in force and effect from and after its passage.  The reason for the emergency lies in the fact that this ordinance is necessary for the immediate preservation of the public peace, health, safety, and property and for the further reason that this ordinance must be immediately effective in order to expedite construction and promote highway safety as soon as possible.

 

                     Vote on emergency clause:  yeas _____, nays _____.

 

                     Passed:  _________________, as an emergency measure:  yeas _____, nays _____.

 

 

Attest:  ________________________                                              __________________________________

                            Clerk of Council                                                                           President of Council

 

                     

Approved:  _____________________                                          __________________________________

                                                                                                                                                                                                   Mayor

 

                     I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.

 

Attest:  ________________________

                    Clerk of Council