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ORDINANCE NO. 22-77 BY: <br /> <br />Messrs. Salmon, Sinagra, Usher, <br />Brockman, Chinnock, Magnotto, McBride <br /> <br /> AN EMERGENCY ORDINANCE authorizing payment of the claim of Mrs. Herbert A. <br />Stewart in the total amount of One Hundred Eighty Two Dollars ($182.00) arising <br />out of a request from the Water Department that he excavate for purposes of <br />repairing a water line. <br /> <br /> WHEREAS, Mrs. Herbert A. Stewart is the owner of property iocate~ at 1296 <br />Donald Avenue, Lakewood, Ohio, and <br /> <br /> WHEREAS, on January 25, 1977 an inspection by the Water Department <br />indicated a leak in the connection to the house at 1296 Donald Avenue, and <br /> <br /> WHEREAS, the Water Department ordered the homeowner to dig to repair <br />the apparent leak, and upon hiring a plumbing contractor at a cost of $182.00 <br />to do so, it was determined that the leak was from a neighbor's line and the <br />water had apparently flowed under Stewart's property, and <br /> <br /> WHEREAS, this Council is of the opinion that Mrs. Stewart should be <br />reimbursed for the cost of said work, and <br /> <br /> WHEREAS, this Ordinance constitutes an emergency measure in that it <br />provides for the usual daily operation of a municipal department and for the <br />further reason that payment of said funds will eliminate the possibility of <br />litigation and further legal expense; now, therefore, <br /> <br />BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: <br /> <br /> Section 1. That payment of the claim of Mrs. Herbert A. Stewart in the <br />amount of One Hundred'Eighty Two Dollars ($182.00) is hereby authorized <br />conditioned upon the execution and delivery by Mrs. Herbert A. Stewart of a full <br />release in favor of the City of Lakewood duly' approved by the Director of Law. <br /> <br /> Section 2. That the 9irector of Finance be and he is hereby authorized <br />and directed to pay the sum of One Hundred Eighty Two Dollars ($182.00) to Mrs. Herbert <br />A. Stewart upon delivery to the Director of Finance the foregoing release duly <br />executed and approved, and to charge the same to the General Fund - Damages Paid <br />by the City. <br /> <br /> Section 3. That this Ordinance is hereby declared to be an emergency <br />measure for the reasons stated in the preamble hereof and provided it receives <br />the affirmative vote of two-thirds of all members elected to Council, it shall <br />take effect and be in force immediately upon its adoption and approval by the <br />Mayor. <br /> <br />Adopted: <br /> <br />Approved: ~J~l f~ <br /> <br />Mayor <br /> <br /> <br />