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CITY OF NORTH OLMSTED ORDINANCE N0. 78- /73 PAGE 2. SECTION 5: (Right-of-Way, Utility Rearrangement and Saving the State of Ohio Harmless of Damages) (a) That all existing street and public way right-of-way within the City which is necessary for the aforesaid improvement, shall be made available therefor. (b) That the State/Nhanicipality 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 obtained from a11 public utility companies whose lines or structures will be affected by 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 improve- ment and said companies have agreed to make such necessary rearrangements immediately after notification by said City or the Department of Transportation. (d) That it is hereby agreed that the City shall at its own expense, make all rearrangements of water mains, service lines, fire hydrants, valve boxes, sanitary sewers or other mwzicipally owned utilities and/or any appurtenances thereto, which do not comply with the provisions of Directive 28-A, 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 requested by the Department of Transportation 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 ma.nner 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 Transportation Construction and Ma.terial Specifications and shall be subject to approval by the State. (f) That the installation of all utility facilities on the right- of-way sha11 conform with the requirements of the Federal Highway Administration Policy and Procedure Memorandwn 30-4 "Utility Relocations and Adjustments" and the Department of Transportation's rules on Utility Accommodation. (g) That said City hereby agrees that the said Department of Transportation of the State of Ohio, shall be and is hereby saved harmless from any and all damages or claims thereof arising £rom or growing out of the certification or obliga- tions made or agreed to in Sections a, b, c, d, and e, hereinabove. SECTION 6: This ordinance is hereby declared to be an emergency measure by reason o t e need £or 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 ir?miediately upon its passage and approval by the Ma.yor; otherwise, it shall take effect and be in force .from and after the earliest period allowed by law.