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Resolution No, 8~75-07 <br /> <br />FitzGerald, Madigan, Seetie. <br /> <br /> A RESOLUTION to take effect immediately provided it receives the affirmative <br />vote of at least five (5) members elected to Council otherwise, it shall take effect and <br />be in force after the earliest period allowed by law declaring spraying on private <br />property for gypsy moths a public purpose. <br /> <br /> . WHEREAS, the Gypsy Moth has been located in several trees on private property <br />within the City of Lakewood; and <br /> <br /> WHEREAS, in order to protect all trees within the City of Lakewood, it is <br />necessary to contract for the spraying of the effected trees with a natural occurring <br />bacteria which aids in the control of the gypsy moth population; and <br /> <br /> WHEREAS, failure to control the gypsy moth population within the City of <br />Lakewood could result in devastation to our trees; and <br /> <br /> WHEREAS, this Council by.a vote of at least five (5) member~ elected thereto <br />determines that this resolution is an emergency measure, and that this resolution shall <br />take effect at the earliest date possible as set forth in ARTICLE IU, SECTONS 10 and <br />~-3 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD, and that it is <br />necessary for the immediate preservation of the public properly, health and safety, and <br />to provide for the usual daily operation of municipal departments in that contracting <br />authority is necessary to take prophylactic steps against the spread of the West Nile <br />Virus. Now Therefore, <br /> <br />BE IT ORDAINED BYTHE CITY OF LAKEWOOD, STATE OF OHIO <br /> <br /> Section 1. Council finds that there exists a public purpose in spraying trees on <br />private property for the control of gypsy moths within the City of Lakewood. <br /> <br /> Section 2. It is found and determined that all formal actions of this Council <br />concerning and relating to the passage of this resolution were adopted in an open <br />meeting of this Council, and that all such deliberations of this Council and of any of its <br />committees that resulted in such formal action were in meetings open to the public in <br />compliance with all legal requirements. <br /> <br /> Section 3. 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 for <br />the reasons set forth and defined in the preamble to this resolution, and provided it <br />receives the affirmative vote of at least five (5) of its members elected to Council, this <br />resolution shall take effect and be in force immediately upon its adoption by the Council <br />and approval by the Mayor otherwise, it shall take effect and be in force after the <br />earliest period allowed by law. <br /> <br />Adopted: <br /> <br />President <br /> <br />Clerk / <br /> <br />' Mayor d / ; <br /> <br /> <br />