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RESOLUTION NO. 5095 <br /> <br />BY: Messrs. Brockman, Chinnock, Magnotto, <br /> McBride, Sinagra, Usher <br /> <br /> AN EMERGENCY RESOLUTION suthori~ing the Dlrector of Law to approve s <br />Journal Entry to enable the "interim!' distribution of Local Government funds. <br /> <br /> WHEREAS, certain litJg,,ci, on pending in tile Supreme Court of Ohio has the <br />effect of preventing distribation of the 1975 Local Government funds; and <br /> <br /> WHEREAS, it is necessary that we have as much of these funds as is possible <br />in order to meet the financial needs of our municipality, and <br /> <br /> WHEREAS, the Supreme Court of Ohio has indicated that if all or substant~m!]y <br />all governmental units agree to a Journal Entry in the form attached, a distribution <br />of approximately one hundred percent (100%) of an amount equal to tile "lower" of <br />either the County Budget Colmnission (as affirmed by tile Board of Tax Appeals) <br />or the allocation as proposed by the City of Cleveland in its appeal to the Board <br />of Tax Appeals, and <br /> <br /> WHEREAS, tile proposed Journal Entry has progisions for repayment in the <br />event the advance to any subdivision is greater than the final determination of <br />the Court, and <br /> <br /> WHEREAS, this resolution constitutes an emergency measure for the immediate <br />preservation of the public welfare and for the usual daily operation' of a muni- <br />cipal government; now, therefore, <br /> <br />BE IT RESOLVED BY THE COUNCIL OF ~IE CITY OF LAKEWOOD, STATE OF OHIO: <br /> <br /> Section 1. That tile Director of Law be and he is hereby authorized <br /> <br />to approve and to execute on behalf of the City a Jonrnal Entry, in tile form set <br />forth in Exhibit 1 attached hereto, anthorizing an interim distribution of bocal <br />C~vernment funds~ <br /> <br /> Section 2. Il/at the Clerk of Council be and is hereby authorized and directed <br />to transmit a certified copy of this resolution together with the signed Journal <br />Entry to the Budget Commission of Cuyahoga County, Room 30~, County Administration <br />Bldg., ]2].9 Ontario Street, Cleveland, Ohio 44]]3 for inclusion in a master Jour,al <br />Entry to be presented to the Supreme Court of Ohio. <br /> <br /> Section 3. That thfs resolution is hereby declared to be an emergenCy <br />measure for the reasons stated in the preamble hereof and provfded it receives the <br />affirmative vote of two thirds of all. members elected to Council, it shall take <br />effect and be in force immediately upon its adoption and approval bv the Mayor. <br /> <br />Approved: <br /> <br /> Vi President ~ <br /> ~ Clerk ~z ~ <br />,/' Mayor ~'~ <br /> <br /> <br />