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Section 5. <br /> <br />(a) <br /> <br />That all existing street and public way right-of-way within the <br />City which is necessary for the aforesaid improvement, shall <br />be made available therefor. <br /> <br />(b) That the Municipality will acquire any additional right-of-way <br /> required for the construction of the aforesaid improvement. <br /> <br />(c) <br /> <br />That arrangements have been or will be made with and agreements <br />obtained from all public utility companies whose lines or <br />structures will be affected by the said improvement and said <br />companies have a§reed to make any and all necessary plant <br />removals or rearrangements in such a manner as to be clear <br />of any construction called for by the plans of said improvement <br />and said companies have agreed to make such necessary rearrage- <br />ments immediately after notification by said City or the <br />Department of Transportation. <br /> <br />(d) <br /> <br />That it is hereby agreed that the City shall at its own expense, <br />make all rearrangements of water mains, service lines, fire <br />hydrants, valve boxes, sanitary sewers or other municipally <br />owned utilities and/or any appurtenances thereto, which do not <br />comply with the provisions of Directive 28-A, whether inside or <br />outside the corporate limits as may be necessary to conform to <br />the said imporvement and said rearrangements shall be done at <br />such time as requested by the Department of Transportation <br />Engineer. <br /> <br />(e) <br /> <br />That the construction, reconstruction, and/or rearrangement <br />of both publicly and privately owned utilities, referred to <br />in subsections (c) and (d) above, shall be done in such a menner <br />as not to interfere unduly with the operation of the contractor <br />constructing the improvement and all backfilling of trenches <br />made necessary by such utility rearrangements shall be <br />performed in accordance with the provisions of the Ohio <br />Department of Transportation Construction and Material <br />Specifications and shall be subject to approval by the State. <br /> <br />(f) <br /> <br />That the installation of all utility facilities on the right- <br />of-way shall conform with the requirements of the Federal <br />Highway Administration Policy and Procedure Memorandum 30-4 <br />"Utility Relocations and Adjustments" and the Department of <br />Transportation's rules on Utility Accomodation. <br /> <br />(g) <br /> <br />That said City hereby agrees that the said Department of <br />Transportation of the State of Ohio, shall be and is hereby <br />saved harmless from any and all damages or claims thereof <br />arising from or growing out of the certification or obligations <br />made or agreed to in Sections 1, 2, 3 and 4 hereinabove. <br /> <br /> Section 6. That this ordinance is hereby declared to be an emergency <br />measure by reason of the need for expediting highway improvements to promote <br />highway safety, and provided it receives the affirmative vote of two-thirds of <br />all members elected to Council, it shall take effect and be in force immediately <br />upon its adoption and approval by the Mayor; otherwise it shall take effect <br />and be in force from and after the earliest period al~-~] by taw..~¢~ <br /> <br />Adopted: /~ <br /> <br />Approved: <br /> <br />/ ' ~/'--Mayor ~'~ - <br /> <br /> <br />