9027-18 - Authorize legal settlement with Global Outdoor Solutions

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RESOLUTION NO. 9027 -18 BY: Anderson, Bullock, George, Litten, O'Leary, O'Malley, Rader A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing the Mayor and Director of Law to enter into an agreement with Global Outdoor Solutions, LLC, in the amount of $40,000.00 for the full and fi- nal settlement of all claims raised in and related to the matter titled City of Lakewood v. Global Outdoor Solutions, LLC, Case No. CV -18- 898612 pending in the Cuyahoga County Court of Common Pleas. WHEREAS, it is necessary and desirable to resolve the matter titled City of Lakewood v. Global Outdoor Solutions, LLC, Case No. CV -18- 898612 pending in the Cuyahoga County Court of Common Pleas; 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; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the city of Lakewood, this Council by a vote of at least two thirds of its members determines that this reso- lution is an emergency measure and that it shall take effect immediately, and that it is necessary for the immediate preservation of the public peace, property, health and safety, and to provide for the usual daily operation of municipal departments in that it is in the best interest of the City to resolve these claims before the trial date; now, therefore, BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Pursuant to Section 127.02 of the Lakewood Codified Ordinances, the Mayor and Director of Law are hereby authorized to enter into an agreement with Global Outdoor Solu- tions, LLC, in the amount of $40,000.00 for the full and final settlement of all claims raised in and related to the matter titled Global Outdoor Solutions, LLC v. City of Lakewood, Ohio, et al., Case No. CV -18- 898612 pending in the Cuyahoga County Court of Common Pleas. 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 welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this resolution, and provided it receives the affirmative vote of at least two thirds of the mem- bers of Council, this resolution shall take effect and be in force immediately upon its adoption by