4870 - 72 engage outside counsel for suit against CEI

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RESOLUTION ~'~0. 4870 BY: Messrs. Magnotto, McBride, Usher, Wendling, Brockman, Graber, Kelley AN E,MI"-RGiiNL~f RESOLUTIOM authorizing the Mayor to engage special outside counsel to reprcsc, nt the City in a law suit filed against the City by the Cleveland Electric Illuminating Company° WHEREAS, this Council, pursuant to Resolution No. 4853, disapproved plans and specifications submitted by the Cleveland Electric Illuminating Company for the construction of an overhead electric transmission power line through the City of Lakewood, the proposed voltage to be carried being 33,000 volts and denied a permit therefore~ and WHEREAS, the Cleveland Electric Illuminating Company has filed a declara- tory judgment action against the City of Lakewood, being cause number 902360 in the Con~non Pleas C~urt of Cuyahoga County, Ohio, by which law suit the Cleveland Electric Illuminating Company seeks to enjoin the City, its officers, agents and employees from interfering with the proposed construction and operation of the overhead electric transmission power line through the City, and WHEREAS, the Lakewood City Council continues to be of the opinion that the construction and installation of overhead high voltage lines within the City would unreasonably adversely affect the safety and general welfare of the citizens of Lakewood, and should be suit, and WHEREAS, Lakewood City Council is of the opinion that special counsel appointed to represent the City in the defense of the aforementioned law WHEREAS, this resolution constitutes an emergency measure in that it provides for the immediate preservation of the public safety and welfare, now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That the Mayor be and he is hereby authorized and directed to engage the law firm of Baker, Hoatetler & Patterson, Cleveland, Ohio to act as special counsel on behalf of the City of Lakewood in the defense of the law suit now pending in the Common Pleas Court of Cuyahoga County entit!cd the Cleveland Electric Illuminating Company vs. the City of Lakewood, Ohio, being cause number 902360 in said Court and to take whatever legal action is necessary against the Cleveland Electric Illuminating Company to oppose the installation of overhead high voltage electric transmission power lines through the City of Lakewoodo Section 2. That the Director of Finance is hereby authorized and directed to pay for such professional services rendered on behalf of the City of Lakewood as they are rendered and approved by the blayor and the Director of Law and to charge same to the Contingency Fund° Section 3. That the Clerk of Council is hereby authorized and directed to send a copy of this resolution to the law firm of Baker, Hostetler & Patterson° Section 4. That this resolution is hereby declared to be an emergency measure for the reasons stated in the preamble hereof and provided it receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in furce immediately upon its adoption and approval by the Mayor . . ....... / ~ ~. Clerl ~