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CITY OF NORTH OLMSTED <br />RESOLUTION NO. 2013 - 78 <br />BY: Mayor Kennedy <br />A RESOL UTION A UTHORIZING THE MAYOR TO ENTER <br />INTO A SECOND AGREEMENT WITH THE OHIO <br />DIRECTOR OF TRANSPORTATION TO UPGRADE <br />CERTAIN BARRIER END TERMINALS ON STATE AND <br />NATIONAL HIGHWAY ROUTES WITHIN THE CITY OF <br />NORTH OLMSTED. <br />WHEREAS, the State has identified the additional need to upgrade barrier end terminals <br />on state and national highway routes at selected locations within the City of North Olmsted; and <br />WHEREAS, there is no cost to the City of North Olmsted for this project. <br />NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: <br />SECTION 1: Being in the public interest, the City of North Olmsted gives consent to <br />the Ohio Director of Transportation to complete such project; and <br />SECTION 2: The City of North Olmsted shall cooperate with the Ohio Director of <br />Transportation in the barrier end terminal program; and <br />SECTION 3: The City of North Olmsted agrees to acquire and / or make available to <br />ODOT, in accordance with current State and Federal regulations, all necessary right of way <br />required for the project. The City of North Olmsted also acknowledges that right of way costs <br />include eligible utility costs. The City agrees to be responsible for all utility accommodation, <br />relocation, and reimbursement and agrees that all such accommodations, relocations, and <br />reimbursements shall comply with the current provisions of 23 CFR 645 and the ODOT Utilities <br />Manual; and <br />SECTION 4: Upon completion of the described project, and unless otherwise agreed, <br />the City of North Olmsted shall: (1) provide adequate maintenance for the described project in <br />accordance with all applicable State and Federal law, including, but not limited to, Title 23, <br />U.S.C. §116; (2) provide ample financial provisions, as necessary, for the maintenance of the <br />described project; (3) maintain the right-of-way, keeping it free of obstructions; and (4) hold said <br />right-of-way inviolate for public highway purposes; and <br />SECTION 5: The Mayor be and he hereby is authorized to enter into any such <br />agreement as may be required by the Ohio Director of Transportation to facilitate the upgrade to <br />barrier end terminals, subject to approval by the Director of Law; and