7097-95 Flashing Lights at Belle Ave. Grade

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REFERRED TO PUBLIC WORKS COmmITTEE 12/4/95. RESOLUTION NO. 7097-95 BY: Boscia, Flannery, George, Gibbons, Roth, Seelie, Smith AN EMERGENCY RESOLUTION authorizing the Public Utilities Commission of Ohio to install flashing light signals and roadway gates at the Belle Avenue grade crossing. WHEREAS, the Public Utilities Commission of Ohio ("Commission") has determined that a certain railway grade crossing in the City of Lakewood (Belle Avenue) is dangerous and hazardous to the traveling public; and WHEREAS, the Commission has determined, and the City of Lakewood ("City") agrees, that the public safety and interest would be served by the modernization of the existing flashing light signal system and addition of roadway gates ("Improvements") at the Belie Avenue grade crossing; and WHEREAS, this Resolution constitutes an emergency measure providing for the immediate preservation of the public health, safety, and welfare for the reasons that pedestrian and motorist safety will be immediately enhanced upon installation of the proposed improvement; now, therefore, BE IT RESOLVED BY THE CITY OF LAKEWOOD, STATE OF OHIO Section 1. That the Improvement be implemented where the track of Norfolk Southern cross Belle Avenue at grade, said grade crossing being more specifically identified by U.S. DOT AAR No. 472 204 N, and consent is hereby given to the Commission to proceed. Section 2. That the City of Lakewood agrees to place all advance warning signs and pavement markings on the approaches to the grade crossing in conformance with the Ohio Manual of Uniform Traffic Control Devises (OMUTCD) as adopted under Section 4511.11 of the Ohio Revised Code at such time as the Improvement described above is completed and maintain same thereafter. Section 3. That the City of Lakewood agrees that in the event the City of Lakewood is responsible for causing the suspension or termination of the Improvement, the City of Lakewood hereby agrees to reimburse the Commission for all costs incurred up to said time of suspension or termination; said reimbursement shall be made to the Commission within sixty (60) days of receipt of an invoice for the costs incurred resulting from said suspension or termination. Section 4. That the City of Lakewood agrees to arrange for the relocation, rearrangement or alteration of all utilities of any nature that are located on public right-of- way and which will be affected by or interfere with the construction of said Improvement. Said relocation, rearrangement or alteration will be done at such time as requested by Commission and will be performed solely at the expense of the utility and at no cost to the Improvement or the railroad. To the extent that the installation of curbing is required in conformance with OMUTCD requirements as part of the improvement, the City agrees to install and maintain such curbing at its sole expense. Section 5. It is found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were adopted in an open meeting of this council, and that all such deliberations of this Council and any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements.