(a) Automatic flashing lights signals and roadway gates (“improvements”) shall be placed at the following locations:
(1) Where the track(s) of Norfolk and Southern cross at grade at Jefferson Street, which grade crossing is more specifically identified by U.S. DOT AAR No. 473 432 E, and consent is hereby given to the Commission to proceed;
(2) Where the track(s) of Norfolk and Southern cross at grade at Pine Street, which grade crossing is more specifically identified by U.S. DOT AAR No. 473 428 P, and consent is hereby given to the Commission to proceed.
(b) The city agrees to place all advance warning signs and pavement markings on the approaches to the grade crossing in conformance with the Ohio Manual of Uniform Traffic-Control Devices (OMUTCD) as adopted under Ohio R.C. 4511.11 at such time as the improvement is completed and maintain same thereafter.
(c) The city agrees that in the event the city is responsible for causing the suspension or termination of the improvement, the city hereby agrees to reimburse the Commission for all costs incurred up to the time of suspension or termination. The reimbursement shall be made to the Commission within 60 days of receipt of an invoice for the costs incurred resulting from the suspension or termination.
(d) The city agrees to arrange for the relocation, rearrangement, or alteration of all utilities of any nature which are located on public rights-of-way and which will be affected by or interfere with the construction of the improvement.
(e) The relocation, rearrangement, or alteration will be done at such time as requested by Commission and will be performed solely at the expense of the utility and at no cost to the improvement or the railroad. To the extent that the installation of curbing is required in conformance with OMUTCD requirements as part of the improvement, the city agrees to install and maintain the curbing at its sole expense.
(Ord. 96-01, passed 1-11-1996; Am. Ord. 96-02, passed 1-11-1996)