98-83 Contract w/ Norfolk to improve RR grade crossings

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ORDINANCE NO.: 98-83 BY: Brown, Chinnock, Gallagher, McBride, Wendl i ng AN EMERGENCY ORDINANCE authorizing and directing the Director of Public Works to enter into a contract with the Norfolk and Western Railway Company (a Virginia Corporation) for the improvement of certain grade crossings of the public streets and railroad tracks in the City. WHEREAS, this Council has determined that the condition of the grade crossings of the streets of the City of Lakewood and the tracks of the NORFOLK AND WESTERN RAILWAY COMPANY are in such a deteriorated condition that the same constitute a substantial hazard to persons and vehicles crossing said railway tracks, and, WHEREAS, the NORFOLK AND WESTERN RAILWAY COMPANY has indicated a willingness to repair all of the railway crossings of the City and would provide the labor therefore if the City would pay the cost of the materials necessary to effectuate the improvements contemplated and, WHEREAS, this Council is of the opinion that all of the crossings of the City should be improved and put into a safe condition for the benefit of all users of the streets of the City, particularly the residents of this City, and WHEREAS, this Council further determines that it is in the best interest of the City to enter into a mutual agreement with the NORFOLK AND WESTERN RAILWAY COMPANY for the improvement of certain railway grade crossings, and, WHEREAS, this Ordinance constitutes an emergency measure providing for the immediate preservation of the public safety and welfare, and for the further reason that the improvements of the grade crossings and the obtaining of the materials therefore should be initiated at the earliest possible time; now, therefore: BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO Section 1. That the Director of Public Works be, and he is hereby authorized and directed to enter into a contract with the NORFOLK AND WESTERN RAILWAY COMPANY (a Virginia Corporation) to provide for the improvement of the surface of certain crossings at grade of the public streets and railway tracks of the NORFOLK AND WESTERN RAILWAY COMPANY situated in the City of Lakewood, wherein the City agrees tc pay the cost of the materials necessary to effectuate the improvements contem- plated, which contract shall be in substantially the same form as Attachment 1 attached hereto and made a part hereof, as though fully written herein.