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<br />í) 1.,,--,
<br />
<br />REFERRED TO THE PUBLIC WORKS COMMITTEE
<br />2/17/04.
<br />
<br />RESOLUTION NO. 7873-04 BY: Corrigan, Demro, Dever, Dunn,
<br />FitzGerald, Madigan, Seelie.
<br />AN EMERGENCY RESOLUTION approving the use of submerged lands for
<br />property located at and abutting 1000 Parkside Drive in the City of Lakewood,
<br />Ohio (a legal description of which is attached hereto as "Exhibit A") so that the
<br />owner can undertake lakeshore protection measures.
<br />
<br />WHEREAS, a resident, Thomas P. Cliffel, 1000 parkside Drive, Lakewocd,
<br />Ohio has proposed to construct shore protection in Lake Erie at Lakewood,
<br />Cuyahoga County, Ohio; and
<br />
<br />WHEREAS, as part of the application to lease submerged land, the parties
<br />involved must submit to the Ohio Department of Natural Resources a resolution
<br />from the Lakewood City Council approving the proposed use of the submerged
<br />land; and
<br />
<br />WHEREAS, this Council by a vote of at least five (5) members elected
<br />thereto determines that this resolution is an emergency measure, and that this
<br />resolution shall take effect at the earliest date possible as set forth in ARTICLE
<br />III, SECTONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF
<br />LAKEWOOD, and that it is necessary for the immediate preservation of the public
<br />property, health and safety, and to provide for the usual daily operation of
<br />municipal departments in that these agreements must be returned to the Ohio
<br />Public Works Commission within 45 days of notice of award. Now Therefore,
<br />
<br />BE IT RESOLVED BY THE CITY OF LAKEWOOD, STATE OF OHIO
<br />
<br />Section 1. That the City of Lakewood finds and determines that
<br />territory being proposed for construction of shore protection, and is further
<br />described in the application for a submerged land lease, is not necessary or
<br />required for the construction, maintenance or operation by the municipal
<br />corporation of breakwaters, piers, docks, wharves, bulkheads, connecting
<br />waterways, water terminals facilities and improvements and marginal highways,
<br />in the aid of navigation and water commerce, and the land uses specified in the
<br />application comply with regulation of permissible land use as determined by the
<br />local authority.
<br />
<br />Section 2. That the Clerk of Council is hereby authorized and directed
<br />to certify a copy of this resolution to the Ohio Department of Natural Resources,
<br />Office of Real Estate and Land Management.
<br />
<br />Section 3. That it is found and determined that all formal actions of this
<br />Council concerning and relating to the adoption of this resolution were adopted
<br />in an open meeting of this Council and of any of its committees that resulted in
<br />such formal action, were in meetings open to the public, in compliance with all
<br />legal requirements, including Section 121.22 of the Ohio Revised Code.
<br />
<br />Section 4. That this resolution is hereby declared to be an emergency
<br />measure necessary for the immediate preservation of the public peace, property,
<br />health, safety and welfare in the City and for the usual daily operation of the City
<br />for the reasons set forth and defined in the preamble to this resolution, and
<br />provided it receives the affirmative vote of at least five (5) of its members
<br />elected to Council, this resolution shall take effect and be in force immediately
<br />
<br />1"
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