11-78 Contract w/ Norfolk to improve grade crossings

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ORDINANCE NO. 11-78 BY: Messrs. Brown, _Chinnock, Magnotto, McBride, Salmon, Usher, Brockman AN 'EMERGENCY ORDINANCE authorizing and directing tbe Director of Public Works to enter into a contract wlth the NORFOLK AND WESTERN RAILWAY COMPANY (a Virginia corporation) for the improw~ment of certain grade crossings of the public streets and railroad tracks in the City. WHEREAS, this Council has determined that the condition of the grade crossings of the streets of the City of Lakewood and the tracks of the NORFOLK AND WESTERN RAILWAY COMPANY are in such a deteriorated condition that the same constitute a substantial hazard to perseus and vehicles crossing said railway tracks, and WHEREAS, the NORFOLK AND WESTERN RAILWAY COMPANY has indicated a willingness to repair all of the railway crossings of the City and would provide the labor therefore if the City would pay the cost of the materials necessary to effectuate the improvements contemplated, and WIIF, IIEAS, this Council is of thc, ()pi.ion that all of the crossings of the City should be improved and put into a safe condition for the benefit of all users of the streets of the City, particularJy the residents of this City, and WHEREAS, th:is Council further determines that it is Jn the best interests of the City to enter into a mutual agreement with the NORFOLK AND WESTERN RAILWAY COMPANY for the improvement of certain railway grade crossings, and WHEREAS, this ordinance constitutes an emergency measur6 providing for the immediate preservation of the public safety and welfare, and for the further reason that the improvements of the grade crossings and the obtaining of the materials therefore should be initiated at the earliest possible time; now, therefore, BE IT ORDAINED BY TtiE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That the Director of Public Works be, and he is hereby authorized and directed to enter into a contract with the NORFOLK AND WESTERN RAILWAY CObIPANY (a Virginia corporation) to provide for the improvement of the surface of certain crossings at grade of the public streets and railway tracks of the NORFOLK AND WESTERN RAILWAY COMPANY situated in the City of Lakewood, wherein the City agrees to pay the cost of the materials necessary to effectuate the improvements contemplated, which contract shall be in substantially the same form as Exhibit A attached hereto and made a part hereof as though fully written herein. ' Section 2. Th;~t the cost of m;IL'erinls is estimated to be $150,200.00 and said funds shall be paid from L'l~e I"I';I)I';I¢AI, RI']VI';NLII.', SIIARIN(; I"L/NI). Section 3. That ~his ordinance is hereby declared to be an emergency measure for the reasons stnted in the preamble hereof and provided it receives the affirmative w~te of ~t'w,,-t'l~[rd~; of all memb~,rs ('lect't,d to Counc~[.l, it sl~all take effect and be in force immedintely upo. its mloption and approval by the Mayor; otherwise it shall tnke effect and be in force from and after the earliest period allowed by law. Approved '~~~