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AN RESOLUTION REQUESTING AND CONSENTING TO AN EMERGENCY ROAD MAINTENANCE PROJECT ON MASTICK ROAD BY THE COUNTY ENGINEER OF CUYAHOGA COUNTY Introduced by Dean McKay Resolution No. 91-39 An emergency resolution enacted by the City of North Olmsted, Cuyahoga County, Ohio, in the matter of the hereinafter described road maintenance project requesting the assistance of the Cuyahoga County Engineer. WF-~EREAS, the Board of County Commissioners by resolution, has delegated the authority to the County Engineer to assist Municipalities with emergency maintenance projects on County Roads in municipalities; and WI-iIIZEAS, MASTICK ROAD is a municipal street and also a County road; and WHIItEAS, the maintenance project will include the resurfacing and berm repair of Mastick Road from Columbia Road to the easterly corporation line. NOW THEREFORE, BE It Resolved by the Council of the City of North Olmsted State of Ohio: SECTION 1: That it is declared to be of public interest that the consent of the Municipality be and such consent is hereby given to the County Engineer to perform the above-described emergency road maintenance project. SECTION 2: That the runicipality agrees to participate with the County in the cost of the project by contributing fifty percent (50%) of the cost of the maintenance project performed under this Resolution. It is understood that the cost of this project shall not exceed the force account limitations contained in Section 5543.19, O.R.C. SECTION 3: That the Resolution in no way relieves the Municipality of any of its responsibility, legal or otherwise, for these roads (Section 723.01, O.R.C.). The County is only assisting the Municipality in the areas covered by this Resolution. SECTION 4: That the Municipality hereby agrees that the County shall be and is hereby saved harmless from any and all damages or claims thereof arising from or growing out of the negligent performance or failure to perform such maintenance project. - 1 -