49-77 Increase structural adequacy of pavement on Hilliard/Franklin

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ORDINANCE NO. 49-77 BY: Messrs. Brockman, Chinnock, Magnotto, McBride, Salmon, Sinagra AN EMERGENCY ORDINANCE authorizing the Mayor on behalf of the City of Lakewood to enter lmto am agreement with the Board of County Commissioners of Cuyahoga County to increase the structural adequacy of pavement on Hilliard- Franklin Avenues by applying an overlay of asphalt concrete from Riverside Drive to_West ll7th Street. WHEREAS, the County of Cuyahoga and/or the Department of Transportation, State of Ohio, is con.sidering the improvement of the public highway which is described as follows: Hilliard-Franklin Avenues from Riverside Drive to West ll7th Street WHEREAS, this Ordinance is hereby declared to be an emergency ordinance immediately necessary for the preservation of the public peace, health, and safety, such emergency existing by reason of the present condition of said road and by reason of the inadequacy of such road to handle existing and anticipated vehicular traffic between the points hereinbefore designated; and for the further reason that it is necessary to expedite the preparation of the plans and specifications for the improvement; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. (Consent). That it is declared to be in the public interest that the consent of said Municipality be and such consent is hereby given to the County of Cuyahoga and/or the Department of Transportation, State of Ohio, to construct the above described.~improvement, in accordance with the plans, specifica- tions, and estimates as approved by the County and/or the Department of Transporta- tion, State of Ohio. Section 2. (Cooperation). That said Municipality hereby proposes to cooperate with the County and/or the Department of Transportation, State of Ohio, in the cost of the above described improvement as follows: (a) By the approval of an application for municipal cooperation with the County in the cost of the improvement project to the extent of funds received by an allocation from the County Motor Vehicle $5.00 License Tax Fund, exclusive of Section 2 (b) below. (b) By participation on a fifty percent (50%) basis in the costs of the project not eligible for Federal-Aid highway funds; meaning that the municipality shall share 50% of the costs for project engineering and specifications, and 50% of the non-federal shares for construction., Section 3. (Authority to Sign). That the Mayor of said Municipality is hereby authorized to enter into maintenance and parking agreements and special contractual obligations. Section 4. (Maintenance and Parking). That upon completion of said improvement said Municipality will thereafter keep said highway open to traffic at all times, and (a) Maintain the improvement in accordance with the provisions of the statutes relating thereto and make ample financial provisions for such maintenance. (b) Maintain the right-of-way and keep it free of obstructions in a manner satisfactory to the County and/or the Department of Transportation, State of Ohio and hold said right-of-way inviolate for public highway purposes and permit no signs, posters, billboards, roadside stands or' other private installations within the right-of- way limits; (c) Prohibit parking within the limits of the roadway improved under this ordinance, Within the corporate limits of the Municipality; and