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ORDINANCE NO. 84-07 Antonio, Butler~ Demro~ Dever~ AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members elected to Council otherwise, it shall take effect and be in force at the earliest period allowed by law, to authorize the Director of Planning and Development of the City of Lakewood to execute and submit an application for Safe Routes to School Projects through the State of Ohio, Department of Transportation for the enhanced safety of bicycle and pedestrian traffic at Emerson Elementary and Horace Mann Elementary Schools (''Infrastructure for Safety First at Emerson Elementary and Horace Mann Elementary Schools") and if awarded funds, to enter into an agreement with the State Of Ohio, Department of Transportation to accePt said funds. WHEREAS, the United States Congress has set aside monies for Safe Routes to School Projects through the State of Ohio, Depadcment of Transportation; and WHEREAS, the City of Lakewood can apply for these monies and be selected for funding by the State of Ohio, Department of Transportation; and WHEREAS, the Infrastructure for Safety First at Emerson Elementary and Horace Mann Elementary Schools is a transporbation activity eligible to receive federal funding; and WHEREAS, this Council by a vote of at least five (5) members elected thereto determines that this ordinance is an emergency measure, and that this ordinance shall take effect at the earliest date possible as set forth in ARTICLE III, SECTONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD, and that it is necessary for the immediate preservation of the public property, health and safety, and to provide for the usual daily operation of municipal departments in that the application deadline for this grant is September 7, 2007. Now, thereforel BE iT ORDAINED BY THE CITY OF LAKEWOOD~ STATE OF OHIO: Section 1. The Director of Planning and Development of the City of Lakewood is hereby authorized to prepare and execute an application for Safe Route to School funds for the stated described project and to submit same to the State of Ohio, Department of Transportation. Section 2. The total cost of the project is estimated to be $303,504 of which the City of Lakewood, if awarded the funds, agrees to pay One Hundred Percent (100%) of the construction cost over and above the maximum amount provided by the State of Ohio, Department of Transportation. Section 3. Upon completion of the described Project, and unless otherwise agreed, the City of Lakewood shall: (1) provide adequate maintenance for the described Project in accordance with all applicable state and federal laws, including, but not limited to, 23 USC 116; (2) provide ample financial provisions, as necessary, for the maintenance of the described Project; (3) if necessary, maintain the right-of-way, keeping it free of obstructions; and (4) if necessary, hold said right-of-way inviolate for public highway purposes,