21-11 Permit placement of sculpture on public right of way at library

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PLACED ON 1ST READING & REPERED TO THE RULES & ORDINANCES COMMITTEE 5/2/11. SECOND READING 5/16/11. ORDINANCE N0. 21-11 gy; Anderson, Bullock, Suris, Madigan,NOwlin, Powers, Smith. AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council or otherwise, to take effect and be in force after the earliest period allowed by law, exempting the Board of Trustees of Lakewood Public Library from the prohibitions of Section 901.18 of the Streets and Public Service Code of the Codified Ordinances of the City of Lakewood in order to permit the placement and/or construction of a sculpture within a portion of the public right-of-way located adjacent to Library property, described as the "Sculpture Easement Area" on the survey attached as Exhibit A, near the corner of Arthur and Detroit Avenues. WHEREAS, Lakewood Public Library is conducting a contest for the design of a sculpture to be placed on Library property near the corner of Arthur and Detroit Avenue; and WHEREAS, the Library has proposed placement of the sculpture, once selected, on a portion of its property that is within the public right-of-way; and WHEREAS, Section 901.18, Erecting Buildings or Structures on Public Ground, of the Codified Ordinances of the City of Lakewood governs use of public grounds upon approval of Council under the terms and conditions described in that Section; and WHEREAS, this Council by a vote of at least five (5) of its members determines that this ordinance is an emergency measure, and that this ordinance shall take effect at the earliest date possible as set forth in ARTICLE III, SECTONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD, and that it is necessary for the immediate preservation of the public property, health and safety, and to provide for the usual daily operation of municipal departments in order to allow the library to complete placement of the sculpture within the construction season of 2011. Now, therefore,? BE 1T ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO Section 1. That the Council of the City of Lakewood hereby exempts the Board of Trustee of Lakewood Public Library from the prohibitions of Section 901.18 of the Streets and Public Service Code of the Codified Ordinances of the City of Lakewood in order to allow for the construction and/or placement of a sculpture within a portion of the public right-of-way located adjacent to Library property, described as the "Sculpture Easement Area" on the survey attached as Exhibit A, near the corner of Arthur and Detroit Avenues, subject to the further provisions of this Ordinance.