92-85 Lease agreement w/ P & N Zillman - improve yard

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ORDINANCE NO. 94-85 AN EMERGENCY ORDINANCE ENACTED BY THE COUNCIL OF THE CITY OF LAKEWOOD, CUYAHOGACOUNTY~ OHIO IN THE MATTER OF THE HEREINAFTER DESCRIBED IMPROVEMENT UNDER THE SUPERVISION OF THE DIRECTOR OF TRANSPORTATION OF THE STATE OF OHIO. WHEREAS, the Director of Transportation of the State of Ohio proposes the improvement of the passive signing, in conformance with the Ohio Manual of Uniform Traffic Control Devices, at the following railroad-highway grade crossings, by the modernization of the existing flashing light s'ign~ls and addition of roadway gates at the at grade crossing of the tracks of the Norfolk and Western Railway Company and Nicholson Avenue, hereinafter referred to as the improvement, and WHEREAS, the 1lOth General Assembly of Ohio has passed Amended House Bill No. 11i which provides funds for the construction as contemplated herein, now therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, CUYAHOGA COUNTY, OHIO. SECTION !. It is declared to be in the public in:rest that the consent of the CITY be and such consent is hereby given to the Director of Transportation to proceed with the above improvement in accordance with plans, specifications and estimates as approved by the Director, at no cost to the CITY However, in the event the CITY , by its own action, causes the suspension or termination of the improvement, the CITY hereby agrees to reimburse the State for all costs in- curred up to said time of suspension or termination. Said reimbursement shall be made to the Department of Transportation within sixty (60) days of receipt of an invoice for the costs incurred resulting from said suspension or termination. SECTION 2. The CITY agrees to perpetuate and maintain al.1 reflectorized advance warning signs and perpetuate and maintain all pavement markings on the approaches to the at-grade crossing(s) inside the' CITY conforming to the Ohio Manual of Uniform Traffic Control Devices in compliance with the provisions of Section 4511.11 and related sections of the Ohio Revised Code. SECTION 3. The CITY a~rees :~ arrange for the relocation, rearrangement or alteration of all utilities of any nature which are located on public right-cf-way and will ~: affected by or interfere with said ' ~ : ~ ~- ~m~.ovem.n.. Said rearran~:~:~ o~ -Itera- tion will de ~one a~ such time as ~:~ ~:~ . ..~ues~.~ bv :~e [e. oar~men~ cf Transoortacion and will be performed at the exoense of the utility at no cost :o the improvement and/or railroad.