05-18 Enact Secs. 131.01 & 131.02 and Amend 107.11 to Reflect Adoption of 3rd Amended Charter

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Placed on first reading and referred to the Rules and Or- dinances Committee 2/5/2018. Second reading 2/20/2018. Please substitute for the original. Anderson, Bullock, George, Litten ORDINANCE NO. 5 -18 BY: O'Leary, O'Malley, Rader AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect at the earliest period allowed by law, enacting and amending various sections of the Codified Ordinances of the City of Lakewood in order to codify certain law regarding the provision, alteration, dedication and vacation of streets and the Board of Revision of Assessments. WHEREAS, on November 7, 2017, the citizens of Lakewood adopted the proposed Third Amended Charter of the City of Lakewood; and WHEREAS, the Third Amended Charter did not explicitly carry forward the provisions of the prior charter related to the provision, alteration, dedication and vacation of streets and the Board of Revision of Assessments; and WHEREAS, this Council has determined that similar provisions shall be established in the Code as a matter of local self - government; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power of local self - government; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this ordi- nance is an emergency measure and that it shall take effect immediately, 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 that the new charter became effective imme- diately upon the official certification of the November 7, 2017 election in the city; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. New Section 131.01, Provision, Alteration, Dedication and Vacation of Streets, shall be enacted to read as follows: 131.01 PROVISION, ALTERATION, DEDICATION AND VACATION OF STREETS.