Chapter 901 IMPROVEMENTS AND REPAIRS

Cross References

901.01 Agreements to improve street areas.

901.02 Improvements for purpose of developing subdivisions.

Cross References

Local improvements - see CHTR. Sec. 164 et seq.
Legislative authority to care for streets - see Ohio R.C. 723.01
Street and sidewalk excavations - see PUB. PROP. Ch. 903
Sidewalk repairs - see PUB. PROP. Ch. 905
Water mains - see W.S. & E. 1103.03 et seq.
Sewer excavations - see W.S. & E. Ch. 1133

901.01 Agreements to improve street areas.

Upon receipt of requests for the right and privilege to cause the improvement of any public street, avenue, boulevard or alley in the city, the director of public service is authorized to enter into agreements, granting such right and privilege, and such agreements shall contain the following provisions and conditions.
(a) The pavements so constructed shall be in accordance with plans to be approved by the transportation administrator and the director of public service, which plans shall meet the standard minimum requirements as adopted by the city council.
(b) The transportation administrator shall furnish detailed specifications, which shall be complied with in every respect.
(c) The grades of the streets, alleys or other public ways to be so paved shall be as shown on the plans therefor and shall be recorded in the profile books in the office of the transportation administrator.
(d) The city shall be held free and harmless from any and all claims for damages of every nature arising or growing out of the improvements so agreed to be made.
(e) The party requesting such right and privilege shall pay the costs of inspection and the cost of fire hydrants and shall deposit, with the city treasurer through the transportation administrator, the sums of money estimated by the transportation administrator to be necessary therefor, and in the event that such estimated amounts are found to be insufficient shall deposit such additional amounts as are necessary upon demand. All unexpended monies so deposited shall be refunded.
(f) Such party shall furnish a surety bond or an irrevocable letter of credit issued by a bank and subject to the provisions of Chapter 1305 of the Ohio Revised Code satisfactory to the director of public service, or an escrow agreement acceptable to the city attorney and director of public service, or a certified check upon a solvent bank of the city, in the sum of one hundred (100) percent of the estimated cost of the proposed improvements to guarantee the performance of the agreement.
(g) Any violation of the terms of the agreement or noncompliance therewith shall constitute a breach of contract and the transportation administrator shall have the right and privilege to stop the work forthwith.
(h) Upon completion of the work in accordance with the plans and specifications therefore, the pavements shall become the property of the city at no cost to the city and without encumbrance of any nature.
(i) City council shall by ordinance establish and periodically amend a schedule of fees for the review of street plans. All fees are for the purpose of defraying costs incurred by the division of transportation for reviewing street plans to assure conformance to city specifications. Once the fee has been paid it shall not be refundable. The transportation administrator shall not release street plans for construction until the fee has been paid in full. All fees shall be paid to the city treasurer for deposit into the development services special revenue fund. The schedule of fees and service charges shall be posted in the office of the division of transportation, public service department.
(j) All fees collected are for the purpose of paying for services rendered by the Transportation Division for coordinating, directing, inspecting and supervising the construction of streets, highways, bridges, storm sewers, sanitary sewers, street lighting, water distribution lines, traffic control devices and any other city-owned or operated facility and such other related matters as may arise in connection with such construction to assure conformance to city specifications. All fees shall be paid to the city treasurer for deposit into the building services special revenue fund. Council shall, by separate ordinance, establish and periodically adjust the fees for all types of applications and review provided by the Department, hereinafter referred to as the “Fee Schedule,” for the purpose of defraying the costs of providing service. The fee in effect on the date of receipt of any application shall be the fee charged. (Ord. 847-92; Ord. 1909-01 § 1 (part); Ord. 18-02 § 1; Ord. 1960-2006 § 1: Ord. 1707-2007 § 4.)

901.02 Improvements for purpose of developing subdivisions.

In the event that a street improvement or sewer construction, or any other comparable improvement, made on an assessment basis for the purpose of developing subdivisions, is sought by petition, the following procedure and petitioner requirements are to be in full force and effect for the sole purpose of facilitating an equitable, business-like and timely action by the council upon such petitions for street improvements or sewer construction or other comparable improvement:
(a) Each such petitioner shall, at the time of filing his petition with the city clerk, deposit the sum of not less than one hundred and fifty dollars ($150.00) nor more than three hundred dollars ($300.00), as may be determined by the city attorney, which such deposit shall be for the appraisal services in connection with the proposed improvement or construction, and shall secure the cost of appraisers’ fees and cost of the appraisal board’s valuation and feasibility report. The city clerk shall remit any such deposit to the transportation administrator who shall credit such deposit to the credit of street construction maintenance and repair fund. Any such part of any such deposit so made as is found to be in excess of the fee charged by appraisers, shall be refunded by the transportation administrator to the depositor within a reasonable time after such determination is made.
(b) There is created a board to be known as the street improvement and sewer construction appraisal board. Such board shall consist of three (3) members, two (2) to be regularly qualified and acting realtor members of the Columbus real estate board, and one (1) member being a duly qualified and practicing Ohio-registered professional civil engineer. Each such board member shall at all times be a freeholder and a bona fide resident of the city. Members of the board shall be appointed by the city attorney and shall serve for the term of one (1) year from the date of appointment, or until such time thereafter as a qualified successor is appointed. In case of the death, resignation or removal by reason of disqualification, of any member of such board, successor board members shall be appointed by the city attorney in like manner as the original appointments are made.
(c) It shall be the duty of the street improvement and sewer construction appraisal board to make a timely survey of each such proposed improvement or construction and an appraisal of the values of each and every parcel of real estate affected, the cost of each street improvement or sewer construction or other improvement project, and forthwith to make a full and complete written report of each such survey and appraisal to the city council. Copies of such report shall be submitted to the transportation administrator and city attorney, such report to contain the board’s findings and conclusions as to each such valuation or costs; the feasibility of such improvement or construction, and the board’s recommendations to the city council in connection therewith, particularly referable to the justifiable risk or nonjustifiable risk of the city in ordering such proposed improvement or construction. Such original report in each such instance shall be filed with the city clerk. Such reports of the board shall be considered confidential and the city council shall consider each such report with respect to any such proposed street improvement or sewer construction, or other comparable improvements, together with the transportation administrator’s report as to the estimated cost of such improvement or construction, and each such report shall also be used by the city council to assist it in the determination of its course of action in either approving or disapproving the street improvement, or sewer construction or other comparable improvement, as sought by the petitioners. (Sec. 40.29; Ord. 1909-01 § 1 (part).)