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1984 037 Ordinance
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1984 037 Ordinance
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Last modified
11/19/2018 3:49:56 PM
Creation date
7/26/2018 3:54:53 AM
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Legislation-Meeting Minutes
Document Type
Ordinance
Number
037
Date
7/16/1984
Year
1984
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M.V. ORDINANCE N0. 84-37 <br />Page -2- <br />consent of the municipality be and is hereby given to the enumerated <br />maintenance and repair operations on the above-mentioned streets and <br />roadways between the termini of oresaid from the date hereof, until <br />such time as the Board of County Commissioners or the County Engineer, <br />at their sole discretion, terminate such maintenance operations. The <br />County shall notify the municipality in writing at least sixty (60) <br />days prior to the intended termination date. <br />Section 2. This Ordinance in no way relieves the munici- <br />pality of any of its responsibility, legal or otherwise, for the <br />aforementioned roads, pursuant to the duty imposed upon municipalities <br />by Section 723.01 of the Ohio Revised Code. The municipality under- <br />stands that the County is only assisting it in the areas covered by <br />this Ordinance. <br />Section 3. In consideration of the performance of the <br />above-mentioned roadway maintenance, the municipality agrees to save <br />the Board of County Commissioners harmless from all claims and <br />liability caused by the negligence, errors or omissions of the County <br />Engineer, its agents and/or employees in the perf ormance of such <br />maintenance services except for negligence by said County employees in <br />the operation of a1,1 motor vehicles including, but not limited to, <br />road graders and other road building and maintenance equipment; and <br />further, except for the exclusion set forth above, the municipality <br />will defend, at its sole cost, all claims, losses, causes of action, <br />lawsuits, etc. brought against the Board of County Commissioners as a <br />result of the perf ormance or the omission to perf orm such maintenance <br />services. <br />Section 4. Ln consideration of the performance of the <br />above-mentioned roadway maintenance the municipality agrees to include <br />the said Board of County Commissioners as an additional named insured <br />on its liability and property damage insurance. The municipality <br />agrees to furnish the Board with a certificate of insurance naming the <br />Board as an additional insured; said insurance shall also provide for <br />thirty (30) day notification to the Board prior to the cancellation of <br />such policy. <br />Section 5. That the Council finds and determines that all <br />formal actions of this Council relating to the adoption of this <br />Ordinance have been taken at open meetings of this Council; and that <br />deliberations of this Council and of its committees, resulting in such <br />formal action, took place in meetings open to the public, in compli- <br />ance with all statutory requirements including the requirements of <br />Section 121.22 of the Ohio Revised Code. <br />
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