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RESOLUTION NO. 7046-95 BY: Flannery, George,
<br /> Gibbons, Seelie, Smith
<br />AN EMERGENCY RESOLUTION finding that certain described
<br />submerged land abutting the City is not necessary for the
<br />construction or maintenance of various improvements.
<br />WHEREAS, the members of the Winton Place Condominium
<br />homeowners association have applied to the Ohio Department of
<br />Natural Resources (ODNR) and the U.S. Army Corps of Engineers to
<br />construct an erosion control measure on submerged land in Lake
<br />Erie abutting the City; and
<br />WHEREAS, in order for said association to receive the
<br />required permits from ODNR, the City is required by the State to
<br />make certain findings regarding said land; and
<br />WHEREAS, construction of the erosion control measure
<br />described in attached Exhibit A will not require the expenditure
<br />of public funds; and
<br />WHEREAS, said land, more fully described in attached Exhibit
<br />A, is not necessary or 'required by the City for the construction,
<br />'maintenance, or operation by the City of breakwaters, piers,
<br />docks, wharves, bulkheads, connecting ways, water terminal
<br />facilities, improvements, or marginal highways in aid of
<br />navigation and water commerce; and
<br />WHEREAS, the use described in attached Exhibit A is
<br />consistent with permitted land uses for the area; and
<br />WHEREAS, this resolution constitutes an emergency measure
<br />providing for the immediate preservation of the public health,
<br />safety, and welfare for the reason that the described erosion
<br />control measures are necessary to prevent fUrther loss of or
<br />damage to real property within the City; now, therefore,
<br />
<br />BE IT RESOLVED BY THE CITY OF LAKEWOOD, STATE OF OHIO
<br />
<br /> Section 1. That the submerged land abutting the City and
<br />· described in attached Exhibit A is not necessary or required by
<br /> the City for the construction, maintenance, or operation of
<br /> breakwaters, piers, docks, wharves, bulkheads, connecting ways,
<br /> water terminal facilities, improvements, or marginal highways in
<br /> aid of navigation and water commerce; and the use described in
<br /> attached Exhibit A is consistent with uses permitted in the area.
<br /> Section 2. That the Clerk of Council is hereby
<br />authorized and directed to transmit a copy of this resolution to
<br />William Baker, Building Manager, Winton Place, and William
<br />Clutterbuck, President, 12700 Lake Avenue Condominium Assn., at
<br />12700 Lake Avenue, Lakewood Ohio, 44107.
<br /> Section 3. It is found and determined that all formal
<br />actions of this Council concerning and relating to the passage of
<br />this resolution were adopted in an open meeting of this Council,
<br />and that all such deliberation of the Council and of any of its
<br />committees that resulted in such formal action were in'meetings
<br />open.to the public in compliance with all legal requirements..
<br /> Section 4. That 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
<br />two-thirds of all members elected to Council, it shall take
<br />effect and be in force immediately upon its adoption and approval
<br />by the Mayor; otherwise, it shall take effect and be in force
<br />after the earliest period allowed by law.
<br />
<br />Adopted:
<br />
<br />President
<br />
<br />Approved =~ 3 'l / ~
<br />
<br />Clerk
<br />
<br />Mayor
<br />
<br />
<br />
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