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shall pay to the surviving spouse of the traffic <br />guard, if any, otherwise, to the children of the <br />traffic guard, if any, otherwise, to the estate <br />of the traffic guard the amount of Ten Thousand <br />($ 10,000.00) Dollars from the General Fund, <br />General Liability Insurance Account. <br /> <br />(1) In the event that a traffic guard is <br />unable to work as a result of injuries <br />received in the performance of duty, the <br />traffic guard shall, upon certification of <br />such inability by the Commissioner of Health <br />and approval of the Director of Public <br />Safety, be paid for each scheduled work day <br />for a period not to exceed ninety (90) days <br />as if the traffic guard were working his <br />assigned crossing; if not regularly assigned <br />to a specific crossing, a minimum o'f three <br />hours per each scheduled work day. <br />(2) In the event of any accidental death <br />payment pursuant to this subsection, the City <br />shall be subrogated to all the traffic <br />guard's rights of recovery therefor against <br />any person or organization and the <br />representative of the estate of said traffic <br />guard shall execute and deliver instruments <br />and papers and do whatever else is necessary <br />to secure such rights. The representative of <br />the estate of said traffic guard shall do <br />nothing after payment hereunder to prejudice <br />such rights. <br /> <br /> Section 2. It is found and determined that all formal <br />actions of this Council concerning and relating to the passage of this <br />ordinance were adopted in an open meeting of this Council, and that <br />all such deliberations of this Council and of any of its committees <br />that resulted in such formal action, were in meetings open to the <br />public, in compliance with all legal requirements~including Section <br />121.22 of the Ohio Revised Code. <br /> <br /> Section 3. That this ordinance is hereby declared to be an <br />emergency measure for the reasons stated in the preamble hereof and <br />provided it receives the affirmative vote of two-thirds of all members <br />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 <br />effect and be in force after the earliest period allowed by law, and <br />existing Section 135.05 shall be repealed at such time. <br /> <br />Adopted: ~ /~/ /~d~ P RE~ID~_~~ '~ <br /> CLERK <br /> <br /> <br />