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WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, <br />municipalities have the power to enact laws that are for the health, safety, welfare, comfort and <br />peace of the citizens of the municipality; and <br />WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lake- <br />wood, this Council by a vote of at least two thirds of its members determines that this resolution <br />is an emergency measure and that it shall take effect immediately, and that it is necessary for the <br />immediate preservation of the public property, health, and safety and to provide for the usual daily <br />operation of municipal departments in that the City wishes to create the design -build delivery <br />model for this project so that Requests for Qualifications can be made prior to the end of this year; <br />now, therefore, <br />BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: <br />Section 1. The Mayor (Director of Public Safety), the Director of Public Works, the Di- <br />rector of Law, the Director of Finance, and /or the Purchasing Manager may establish procedures <br />for and engage in the process of letting of one or more contracts with one or more qualified entities <br />for the design and construction for the repurposing of Cove Church under the design -build project <br />delivery system without the necessity of competitive bidding. <br />Section 2. Council shall approve the final award of contract(s) related to this project and <br />the final form of the contract(s), and shall appoint a councilmember to be a member of the selection <br />committee. <br />Section 3. As a home -rule charter City, the City shall not be obligated to follow Ohio <br />statutory procedures regarding contracting for this project including, but not limited to, R.C. §§ <br />7.12, 9.31, 9.311, 9.312, 9.313, 9.315, 9.32, 9.33 through 9.335, 153.12-.14, 153.50-.52, 153.54, <br />153.56, 153.57, 153.571, 153.63, 153.67-.71, 153.80, 735.05-.09, 735.074, and other applicable <br />sections within the Revised Code and its Chapter 153. <br />Section 4. It is found and determined that all formal actions of this Council concerning <br />and relating to the passage of this resolution were adopted in an open meeting of this council, and <br />that all such deliberations of this Council and any of its committees that resulted in such formal <br />action, were in meetings open to the public, in compliance with all legal requirements. <br />Section 5. This resolution is hereby declared to be an emergency measure necessary for <br />the immediate preservation of the public peace, property, health, safety and welfare in the City and <br />for the usual daily operation of the City for the reasons set forth and defined in the preamble to <br />this resolution, and provided it receives the affirmative vote of at least two thirds of the members <br />of Council this resolution shall take effect and be in force immediately upon its adoption by the <br />Council and approval by the Mayor, or otherwise it shall take effect and be in force after the earliest <br />period allowed by law. <br />