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RESOLUTION NO. 8489-11 By; Bullock, Juris, Madigan, Nowlin, .Powers, Smith. A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force .after the eazliest period allowed by law, appointing David w. Anderson to the vacant office of Wazd 1 Councilmember of the City of Lakewood for the unexpired term ending Decembet 31, 2011, pursuant to Article III, Section 2 of the Second Amended Charter of the City of Lakewood. WHEREAS, by virtue of his appointment as Law Director of the City of Lakewood, Wazd 1 Councilmember Kevin M. Butler has resigned and vacated the Ward 1 Council position as of 5 p:m. on Monday, February 28, 2011; and WHEREAS, Article III, Section 2 of the Second Amended Charter of the City of Lakewood provides that "[v]acancies in Council shall be filled by the remaining members thereof, provided that in the event Council does not so appoint a successor within sixty (60) days of the occurrence of a vacancy, the Mayor may fill the vacancy"; and WHEREAS; it has thus become incumbent upon Council to appoint an elector of Ward 1 to the office of Ward 1 Councilmember; and WHEREAS, this Council by a vote of at least five (5) members determines that this resolution is an emergency measure and that this resolution shall take effect at the earliest. date possible as set forth in Article III, Sections 10 and 13 of~ the Second Amended Charter of the City of Lakewood; and that it is necessary for the immediate preservation of the public property, health and safety and to provide for the usual daily operation of municipal departments in that the position of Ward 1 Councihnember is currently vacant; now, therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. This Council hereby appoints David w. Anderson to the vacant office of Ward 1 Councihnember of the City of Lakewood for the unexpired term ending December 31; 2011, pursuant to Article III, Section 2 of the Second Amended Charter of the City of Lakewood. Section 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. Section 3. This resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace property health safety and