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RESOLUTION NO. 4343 BY: <br /> <br />Messrs. Bennett, Cain, <br />Gaydos, Huffman, <br />Usher, Ward <br /> <br /> AN EMERGENCY RESOLUTION authorizing payment of a <br />moral claim in the amount of $535.00 to John L. McCarthy, <br />1433 Elmwood Avenue, Lakewood, Ohio. <br /> <br /> WHEREAS, During or about the month of April, 1957, <br />a new water main on Elmwood Avenue in Lakewood, was installe~ <br />by the Kalill Company, under contract with the City of <br />Lakewood, and, <br /> <br /> WHEREAS, Said installation was made in such a manner <br />as to interfere with the sewer line from the premises known <br />as 1433 Elmwood Avenue, owned by Mr. John L. McCarthy, and <br /> <br /> WHEREAS, It was necessary for Mro John L. McCarthy <br />to expend a substantial sum of money to rectify the condition <br />caused by the installation of the new water main, and, <br /> <br /> ~EREAS, The City of Lakewood is not legally liable <br />for the damages caused by the installation of said new water <br />main, and, <br /> <br /> W~EREAS, This Council has determined that it has a <br />moral obligation to reimburse Mr. John Lo McCarthy for said <br />damages, and, <br /> <br /> WHEREAS, This resolution constitutes an emergency <br />measure providing for the usual daily operation of a municipal <br />department; now, therefore, <br /> <br /> BE IT RESOLVED BY THE COU~CIL OF THE CITY OF <br />LAKEWOOD, STATE OF OHIO: <br /> <br /> Section I. <br />is hereby authorized <br />$535.00 for the cost <br />Avenue, necessitated <br /> <br /> Section 2. <br />hereby instructed to <br />Mr. John L. McCarthy <br />as the result of the <br /> <br />That the Director of Finance be and he <br />to pay to John L. McCarthy the sum of <br />of repairs to the sewer at 1433 Elmwood <br />by the installation of a new water main. <br /> <br />That the Director of Law be and he is <br />obtain a subrogation of any and all rights <br />has or may have against the Kalill Company <br />installation of said water main. <br /> <br /> Section 3. This resolution is hereby declared to be <br />an emergency measure for the reasons stated in the preamble <br />hereof and provided it receives the affirmative vote of two- <br />thirds of all members elected to Council, it shall take effect <br />and be in force immediately upon its adoption and approval by <br />the Mayor. <br /> <br />Adopted: <br /> <br />John Gaydos, Jr. <br />President <br /> <br />5~.ry Adams <br />Cletk <br /> <br />Approved: May 7, 1964 <br /> <br />Robert M~ Mayor <br /> <br /> <br />