8856-16 Asbestos Abatement & Demolition of Hilliard Theater

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REFERRED TO THE COMMITTEE OF THE WHOLE 3/7/16. RESOLUTIONNO. 8856 -16 BY: Anderson, Bullock, Litten,, Marx, Nowlin, O'Leary, O'Malley. A RESOLUTION to take effect immediately provided it receives the vote of at least five members of Council, or otherwise to take effect at the earliest period allowed by law, authorizing the Mayor to enter into agreements for the provision of asbestos abatement and demolition ser- vices related to the Hilliard Theater in an amount not to exceed $1,000,000. WHEREAS, the Hilliard Theater property was declared a public nuisance September, 2013; and WHEREAS, the city has conducted small -scale abatement at this location and has at- tempted to work with the property owner to encourage an agreeable solution to abatement of the remaining conditions; and WHEREAS, the conditions at the Hilliard Theater site continue to deteriorate and remain a nuisance posing risk to the general public, thus necessitating demolition of the structure; and WHEREAS, the city has obtained an asbestos survey and estimates for abatement; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power of local self - government, and the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality; and WHEREAS, this Council by a vote of at least five of its members determines that this resolution is an emergency measure and that it shall take effect at the earliest date possible as set forth in Article I11, 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 condition of the structure necessitates abatement by the city as soon as it can be arranged; now, therefore, BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. The Mayor is hereby authorized to enter into agreements for the provision of asbestos abatement and demolition services related to the Hilliard Theater, 16000 -02 Hilliard Boulevard and 16009 -21 Madison Avenue, in an amount not to exceed $1,000,000. 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 any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements.