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.. bl., <br />t ? <br />? <br /> ' . <br />r <br />?r <br />CITY OF NORTH OLMSTED <br />ORDINANCE N0. 85- 74 <br />BY: MR. TALLON <br />AN ORDINANCE ADOPTING A NEW AND REVISED SECTION 901.09 <br />OF CODIFIED ORDINANCE ENTITLED "BARRIERS AND WARNING <br />DEVICES" AND DECLARING AN EMERGENCY <br />WHEREAS, in recent years it has come to the attention of the Council <br />and Administration that there are more state and federal projects with <br />respect to road reconstruction and construction and that as a result <br />thereof there are additional problems with traffic congestion; and <br />WHEKEAS, this Council deems it advisable to require contractors on <br />state and federal projects to be required to follow the same procedures <br />that a private contractor must follow regarding barriers and traffic <br />control. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH <br />OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: <br />SECTION l: That there is hereby adopted a new and revised Section <br />901.09 entitled "Barriers and Warning Devises" which new and revised <br />Section shall read as follows: <br />901.09 BARRIERS AND WARNITIG DEVICES <br />(a) Any time a permit is issued pursuant to Section <br />901.01 and Section 901.07 hereof, the contractor making <br />application during the excavation period and prior to <br />the final completion of work as specified in Section <br />901,04 hereof, shall provide suitable barriers, warning <br />devices, and/or lights, all of which shall be in <br />accordance with the direction of the City Engineer. <br />(b) If the City Engineer should determine that the <br />items specified in Subsection (a) hereof are <br />insufficient and a flagman will be required, then the <br />contractor shall present to the City Engineer evidence <br />that a flagman will be on duty to direct traffic at <br />times when the City Engineer deems necessary or <br />appropriate. <br />(c) In the event a permit is not issued, as in the case <br />of a government project, i.e., Federal, State, County or <br />City, the same requirements shall apply as are outlined <br />in Subsection (a) and (b) of this Section. <br />SECTION 2: That this Ordinance is hereby declared to be an emergency <br />measure immediately necessary for the preservation of the public health, <br />safety and welfare and for the further reason that it is immediately <br />necessary to protect the lives and property of the residents of the City <br />during this active period of road construction, and further provided it <br />receives the affirmative vote of two-thirds of all rnernbers elected to <br />Council, it shall take effect and be in force immediately upon its passage <br />and approval by the Mayor.