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ORDINANCE No. 3413 by I~r. Hurd <br /> <br /> 'An e~rgency ordinance a~thorizing and directing <br />the Director of Law to prosecute an action in the name of <br />the City of Lakewood to determine whether or not the operation <br />of a coal yard located at Sloan Avenue and West Clifton <br />Boulevard by the City Ice & Fuel Company constitutes a continu- <br />ing public nuisance. <br /> <br /> WHEREAS complaints have been received from delegations <br />of citizens living in the vicinity of a coal yard located at <br />Sloan Avenue and West Clifton Boulevard complaining that by <br />reason of the dirt, dust and refuse created thereby and thrown <br />in the air and cast upon the property of others in the vicinity, <br />end that by reason of the noise ~rom the operation of equipment <br />thereon and the switching of cars, said coal yard as so operated <br />has become a continuing public nuisance, detrimental to the <br />public health and causing damage to property in the vicinity and <br />should be abated; and <br /> <br /> WHEREAS, an emergency exists for the immediate preservation <br />of the public health and to provide for the usual daily operation <br />of a municipal department; <br /> <br /> NOW THERE~10RE, be it ordained by the Council of the City <br />of Lakewood, State of Ohio, two-thirds of all members concurring; <br /> <br /> Section 1. That the Director of Law be, and he is here- <br />by directed and authorized to prosecute an action in the n~e of <br />the City of Lakewood against The City Ice & Fuel Company or <br />other ps, ties interested, to determine whether or not the operation <br />of its yard located at ~loan and West Clifton Boulevard as present- <br />ly operated, constitutes a continuing public nuisance, and should <br />therefore be abated. <br /> <br /> Section 2. For the purpose of paying costs and expenses <br />of said action other than attorney's fees, there is hereby <br />appropriated the sum of $ - 0- from any funds not otherwise <br />appropriated, and the Director of Finance is hereby authorized to <br />pay said costs and expenses of said action on vouchers approved <br />by the Director of Law payable from the GENERAL fund. <br /> <br /> Section 3. This ordinance is hereby dectared to be an <br />emergency measure for reasons stated in the preamble hereof, and <br />shall be effective forthwith upon its passage~nd approval by the <br />Mayor. <br /> <br />Adopted:. <br />App ~ved: <br /> <br />Jul[ 1~ 1933. <br /> <br /> A.,I. Kauffman <br /> ]/ayor <br /> <br />H.Ph~llips <br />President <br /> <br />, H. A. Rees <br /> Clerk <br /> <br /> <br />