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RESOLUTION NO. 7271-97 <br /> <br />BY:Boscia, Corrigan, Flannery, <br />George, Roth, Seelie, Smith <br /> <br /> A RESOLUTION authorizing the Public Utilities Commission of Ohio <br />("Commission") to install flashing light signals and roadway gates at the Edwards <br />Avenue grade crossing. <br /> <br /> WHEREAS, the Commission has determined that the Edwards Avenue railway <br />grade crossing in the City of Lakewood, Ohio is dangerous and hazardous to the <br />traveling public; and <br /> <br /> WHEREAS, the Commission has determined, and the City ("City") of Lakewood <br />agree, that the public safety and interest would be served by the modernization of the <br />existing flashing light signal system and addition of roadway gates ("Improvement") at <br />the Edwards Avenue grade crossing; and <br /> <br /> BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, <br />STATE OF OHIO: <br /> <br /> Section 1. That the Improvement be implemented where the track(s) of <br />Norfolk Southern cross at grade Edwards Avenue said grade crossing being more <br />specifically identified by U.S. DOT AAR No. 472217P and consent is hereby given to the <br />Commission to proceed. <br /> <br /> Section 2. That the City of Lakewood agrees to place ail advance warning <br />signs and pavement markings on the approaches to the grade crossing in conformance <br />with the Ohio Manual of Uniform Traffic Control Devices (OMUTCD) as adopted under <br />Section 4511.11 of the Ohio Revised Code at such time as the Improvement described <br />above is completed and maintain same thereafter. <br /> <br /> Section 3. That the City of Lakewood'agrees that in the event the City of <br />Lakewood is responsible for causing the suspension or termination of the Improvement, <br />the City of Lakewood hereby agrees to reimburse the Commission for all costs incurred <br />up to said time of suspension or termination. Sa/d reimbursement shail be made to the <br />comm/ss/on within sixty (60) days of receipt of an invoice for the costs incurred resulting <br />from said suspendon or termination. <br /> <br /> Section 4. That the city of Lakewood agrees to arrange for the relocation, <br />rearrangement or aiteration of all utilities of any nature which are located on public right- <br />of-way and which will be affected by or interfere with the construction of said <br />Improvement. Said relocation, rearrangement or aiteration will be done at such time as <br />requested by Commission and will be performed solely at the expense of the utility and at <br />no cost to the Improvement or the railroad. To the extent that the installation of curbing <br />is required in conformance with OMIYrCD requirements as part of the improvement, the <br />city agrees to install and maintain such curbing at its sole expense. <br /> <br /> <br />