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~E$OLUTiO~ 1~0. ~660 BY ~. ~ainn <br /> <br /> AN FF~RGEN¢¥ RESOLUTION authorizing and directing the Director <br />of Law to secure an examination and report reEarding the title to the <br />props_try known as Kidney Cemetery, by and from Louisville Title Insur- <br />ance Company authorizing and directing the Director of Finance to pay <br />the cost thereof, <br /> <br /> WHEREAS Ordinance No. ~72~ adopted February 19, 19~1, declared <br />Kidney Cemetery to be a nuisance and provided that the continuance <br />thereof was prohibited, and that the owners thereof shall cause such <br />nuisance to be abated~ and <br /> <br /> ~EREAS tuchnuisance has not been abated, theowners of said <br />private cemetery are unknown to tMs Council and to City officials <br /> in addition thereto, the Clt~may be interested in acquiring <br />~ property for public purposes, and <br /> <br /> ~EREAS, this resolution constitutes an emergency in that <br />such nuisance adverse and detrimental to the public health and wel- <br />fare continues to exist, in that in order ~o enforce Ordinance ~. <br />~72~ the names of the owners are required, in that theOity is consid- <br />~ing the_ puFchase.gf.ad~cent.~aga? Ce~.etery property possibly con- <br />zxngent, both on eiimxna%xon or suc~ nuisance and on concurrently ac- <br />quiring Kidney Cemetery, and in that this resolution provides for the <br />public health and safety and the daily o~eratton of m~nicipal depart- <br />ments; now, therefore, <br /> <br /> BE IT i~ESOLVED BY TI. tE COUNCIL OFT HE CITX OF LAEEWOOD, STATE <br />OF 0~I0 <br /> <br /> Section I. That the Director of Law is authorized and di- <br />rected on behalf of the City of Lakewood to secure from Louisville <br />Title Insurance Company, an examination of the title to so called <br />Kidney Cemetery and a report with respect thereto, ~uch examination <br />and r~port to lncludeI (~) such information as may be availabl® with <br />respect to names and addresses 9f the pFesent owners of such property <br />and the present status of the title= (2} whether or not guaranteed <br />title or insured title would or could be made in favor of a purchaser <br />with or without the performance or elimination of conditions <br /> prece- <br />dent theretolf(~) specification of conditions to guaranteed or in- <br />sured title anyl and (&) recommendation of procedures available <br />to the City in order to eliminate the nuisance which exists amd, in <br />conjunction therewith, aiding in assuming good and marketable title <br />to any purchaser of such cemetery propertyI all contingent on the <br />~x??se 9~_~c~_ ~xa~!nation and report not exceeding Three Hundred <br /> <br /> Section 2. Upon such ex~ination being made and such report <br />being furnished to the City, the Director of Finance ia hereby <br />authorized and directed to pay the cost thereof in no event to exceed <br />Three 4undred Dollars ($300.0~) to Louisville Title Insurance Company. <br /> <br /> Section 3. This resolution is hereby declared to be an emer- <br />gency measure for the reasons stated in the preamble hereof and, pro- <br />vided it receives the affirmative vote of two-thirds of all members <br />elected to Council, it shall take effect and be in force immediately <br />upon its adoption. <br /> <br />Adopted:....Dece~ber 5. 19~, <br /> <br />Fair~i.eve <br /> President' <br /> <br />Approved:_December 6. !955 <br /> <br />_ H. A,, Rees ,, <br /> Clerk <br /> <br /> <br />