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2012-R-05 RESOLUTION NO. 2012-R-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FOR THE INSTALLATION OF GRADE CROSSING TRAFFIC CONTROL DEVICES AND FUTURE MAINTENANCE AND ADJUSTMENT OF SAID DEVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE AND ADOPTION. WHEREAS, The State of Florida Department of Transportation is constructing, reconstructing or otherwise changing a portion of the Public Road System, on OCEAN AVENUE which shall call for the installation and maintenance of railroad grade crossing traffic control devices for railroad grade crossing over or near said highway. NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida: Section 1. That the City of Edgewater hereby agrees to enter into a RAILROAD REIMBURSEMENT AGREEMENT with the State of Florida Department of Transportation and the Florida East Coast Railway Company, LLC for the installation and maintenance of certain grade crossing traffic control devices designated as Financial Number 429039- 1 -57 -01 on Ocean Avenue which crosses the right of way and tracks of the Company at FDOT /AAR Crossing No. 271978 -G located near Edgewater, Florida. Section 2. The City further agrees to assume its share of the costs for future maintenance and adjustment of said grade crossing traffic control devices as designated in the RAILROAD REIMBURSEMENT AGREEMENT. Section 3. The Mayor is hereby authorized to execute the RAILROAD REIMBURSEMENT AGREEMENT — GRADE CROSSING TRAFFIC CONTROL DEVICES - 2012-R-05 1 L .2 MUNICIPAL for the Ocean Avenue location at Crossing No. 271978-G which is attached hereto and incorporated herein as Exhibit "A". Section 4. This resolution shall take effect upon adoption. �� • I� 1. 1,I1 �uI - . I . the vote on this resolution held on March 5, 2012, was as follows: AYE NAY Mayor Mike Thomas Councilman Justin A. Kennedy Councilwoman Gigi Bennington A Councilman Mike Ignasiak Councilman Gene Emter _Y PASSED AND DULY ADOPTED this 5th day of March, 2012. ATTEST: For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims,Wolfe & Kundid CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA I dike TY4pWs Mayor C Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this Sa day of March, 2012 under Agenda Item No. 80— . 2012-R-05