2023-52 - Settlement of potential litigation

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DocuSign Envelope ID: D6BDA395-EEAA-4533-AAF3-8EA3D8F417C8 Referred to COW 10/16/23 RESOLUTION NO. 2023-52 BY: Baker, Bullock, Kepple, Litten, Marx, Rader, Shachner 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 or Director of Law to enter into an agreement with an engineering contractor of the City, to accept the amount of $400,000 for the full and final settlement of all claims under the contractor's agreement. 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 resolution 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 additional costs are incurred; 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 or Director of Law is hereby authorized to enter into an agreement with an engineering contractor of the City, to accept the amount of $400,000 for the full and final settlement of all claims under the contractor's agreement. 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 deliber- ations 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 imme- diate 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 members of Council, this resolution shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor, or otherwise it shall take effect and be in force after the earliest period allowed by law. Adopted: 11/6/2023 DocuSigned by: John Litten, President of Council DocuSigned by: Maureen M. Bach, Clerk of Council Approved.T Meghan F. George, Mayor