Title 9 STREETS, PARKS AND PUBLIC PROPERTIES CODE
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).)
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