File #: O-438-19    Version: 1 Name:
Type: Ordinance Status: Approved
File created: 9/3/2019 In control: Public Utilities Department
On agenda: 9/17/2019 Final action: 9/17/2019
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 place a new concrete overlay wearing surface on the Veterans Glass City Skyway and replace the existing rail - PID 106163; and declaring an emergency.
Attachments: 1. Audio: Agenda Review September 11, 2019

Label

DPU091719ODOTVETERANSGLASSCITYSKYWAY

DPU/Engineering Services

Timothy Grosjean (x1344)

 

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 place a new concrete overlay wearing surface on the Veterans Glass City Skyway and replace the existing rail - PID 106163; and declaring an emergency.

 

Body

SUMMARY & BACKGROUND:

The Ohio Department of Transportation (ODOT) has identified the need to provide a new concrete overlay wearing surface for the Veterans Glass City Skyway (VGCS) and replace the railing within the City of Toledo.  ODOT is responsible for major maintenance of the VGCS bridge in I-280 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 desires the State of Ohio, Director of Transportation, to proceed with the aforesaid highway improvements. 

The fiscal impact of this ordinance is as follows:

-                     The amount of funds requested: none

-                     The expenditure budget line item: not applicable

-                     New revenue generated (operational revenue, grants, if any): none

-                     Revenue budget line item (if any): none

-                     Are funds budgeted in the current fiscal year (yes/no)?: no

-                     Is this a capital project (yes/no)?  yes

-                     If yes, is it new or existing (new/existing)? existing

-                     What section of the City’s Strategic Plan does this support:

o                     Excellence in Basic Services (yes/no) yes

o                     Quality Community Investment (Livable City, Development) (yes/no) yes

o                     Workplace Culture & Customer Service (yes/no) no

o                     Environment (yes/no) yes

 

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 place a new concrete overlay wearing surface on the Veterans Glass City Skyway (VGCS) and replace the existing rail - PID 106163;

 

SECTION 2.                     That the City of Toledo hereby 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 Director of Transportation in connection with the above described projects as follows:

 

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 and/or the Federal Highway Administration.

2)                     The City of Toledo consents to having the State 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 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 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 rights-of-way, keeping it free from obstructions.

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

 

                     SECTION 6.                     That this ordinance is hereby 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 12, nays 0.

 

Passed:  September 17, 2019, as an emergency measure:  yeas 12, nays 0.

 

Attest:                                          

Gerald E. Dendinger                                          Matt Cherry

Clerk of Council                                          President of Council

 

Approved:                                                               September 17, 2019

Wade Kapszukiewicz

                                                                                    Mayor