4964 - 73 join litigation - right of municipality to determine need for public housing

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RESOLUTION NO. 4964 BY: Messrs. Brockman Graber, Magnotto, Sinagra, Usher, Werner AN EMERGENCY RESOLUTION to authorize joining with other municipalities in certain litigation pending in the United States District Court, Northern District of Ohio, Eastern Division, involving the right of a municipality to determine the need for subsidized low-rent public housing; authorizing the Cuyahoga County Mayors and City Managers AsSociation to coordinate funds therefor; and declaring an emergency. WHEREAS, there is pending in the United States District Court, Northern District of Ohio, Eastern Division, the case of Mahaley, et al vso Cuyahoga Metro- politan Housing Authority, et al, Civil Action C 71-251, i:~ which it appears that the Federal Court may negate the provisions ef the Federal Housing Laws which require a cooperation agreement as a condition precedent to the establishment of subsidized low-rent public housing in this munioip~i~ and WHEREAS, this Council believes that such a ruling by a Federal Court would be an invasion of its constitutional home-rule power to determine the needs of this cormmunity and for the proper implementation thereof, and WHEREAS, the aforesaid lawsuit is >~ ~.?,. hy this Council to sufficient public interest to justify its jo~i~g wi~h other municipalities in the cost of the defense thereof, and WHEREAS, there ia immediate need for the fund. ~: ~z,~riated herein for the proper defense of the aforementioned litigation, and WHEREAS, this resolution ~onstitutes an emergency measure providing for the immediate preservation of the public health and safety and for the usual daily operation of a municipal department, now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That this municipality shall join with all other affected municipalities enacting similar legislation in all proper legal action to defend the litigation referred to hereinabove. Section 2. That the Cuyahoga County Mayors and City Managers Association is hereby authorized to coordinate the funds contributed for the defense of said litigation as provided herein° Section 3. That the Clerk of Council is authorized and directed to certify a copy of this ~esolution to the Executive Secretary of the Cuyahoga County Mayors and City Managers Association. Section 4. That the amount to be contributed by t~e C~e~, of Lakewood shall ~e $.06 per capita based on the 1970 census or a total sum of $4~206.00 which sum is hereby appropriated from %he Contingency Fund and shall be paid to the Cuyahoga County Mayors and City Managers Association for the purpose of paying the City's proportionate share of the cost of defending such litigation° Section 5o That this resolution is hereby declared to be an emergency measure for the reasons stated in the preamble hereof/~nd provided it receives the affzrmative vote of two-thirds of all members ele~te~'~to Council, it shall take effect and be in force immediately upon its adopti~d approv~ b:7~e ~yor. Adopted: Mayor