1968 1052 Ordinance - Laserfiche WebLink

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CI (2) Section 6. Right-of-way, Utility Rearrangement and Saving the State of Ohio Harmless of Damages: (a) That all existing right-of-way within the Village, which is necessary for the aforesaid improvement, shall be made available therefor. (b) That the State/Municipality will acquire any additional right-of-way required for the construction of the aforesaid improvement. (c) That arrangements have been or will be made with and agreements ob- tained from all public utility companies,whose lines or structures will be affected by the said improvement and said companies have agreed to make any and all necessary plant removals or rearrangements in such a manner as to be clear of any construction called for by the plans of said improvement and said companies have agreed to make such necessary rearrangements immediately after notification by said Village or the Department of Highways. (d) That it is hereby agreed that the Village shall, at its own expense, make all rearrangements of water mains, service lines, fire hydrants, valve boxes, sanitary sewers or other municipally owned utilities and/or any appurtenances there- to, whether inside or outside the corporate limits, as may be necessary to conform to the said improvement, and said rearrangements shall be done at such time as re- quested by the Department of Highways Engineer. (e) That the construction, reconstruction and/or rearrangement of both publicly and privately owned utilities referred to in subsections (c) and (d) above shall be done in such a manner as not to interfere unduly with the operation of the contractor constructing the improvement and all backfilling of trenches made necessary by such utility rearrangements shall be performed in accordance with the provisions of the Ohio Department of Highway Construction and Material Specifica- tions, and shall be subject to approval by the State. (f) That said Village hereby agrees that the said Department of highways of the State of Ohio shall be, and is hereby, saved harmless from any and all damages or claims thereof., arising from or growing out of the certification or obligations made or agreed to in Sections (a), (b), (c), (d) and (e) hereinabove. Section 7. Emergency Clause: This Ordinance is hereby declared to be an emergency measure by reason of the need for expediting highway improvements to promote highway safety, and provided it receives the affirmative vote of two-thirds of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor, otherwise, it shall take effect and be in force from and after the earliest period allowed by law. Passed this ~ day of ~~ L 1968. J MAYA - P S ENT OF COUNCIL