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J~ <br /> ~ <br /> ! <br /> r` <br /> 1 ~ r <br /> ORDIPIANCE N0. 3958 BX Mr. Fahrenbach <br /> AN EMI;ROENCY ORDINANCE authorizing. the Mayor to enter <br /> into an agreement on behalf of the City of Lakewood with John T. <br /> Campbell, D. E. Davis and E. E. Bey kson, artners, doing business <br /> and referred to in this ordinanee:as The heater Engineers, of the <br /> City of Pittsburgh, Pennsylvania, providing for the compromise, aci3ust <br /> went and settlement in full of any and all obligations of the City <br /> of Iakewood under the certain agreement entered into between the City <br /> of Lakewood and The Chester Engineers on the twenty-seventh day of <br /> November, 1939!. <br /> <br /> - WIIEREAS, pursuant to Ordinance No. 3638 adopted by the <br /> Council of the City of Lakewood October 2, 1939, the City of Lake- <br /> wood entered into an agreement dated November 27, 1939, providing <br /> for the preparation by The Chester Engineers for the Ctty of I+Aka- <br /> wood of engineering dta #'or the then proposed waterworks extension <br /> <br /> ~ including general and detailed plans, drawings and apecifiaaticns, <br /> as more particularly detailed in said agreement; and <br /> ' wfiEREAS, by virtue oP ~n agreement .dated January 29, 1941 <br /> r entered into between the City of akewood and the City of Cleveland <br /> providing for the supply of water to the City of Lakewood and its <br /> inhabitants by the C1ty of Cleveland, the immediate use of such plena, <br /> drawings, specifications, and engineering data, by the construction <br /> of the proposed waterworks extension, is not now contemplated; and <br /> _ % ~ REAS+ prior to the execution of the agreement between <br /> the City of Lakewood ancl'the City of Cleveland, The Chester <br /> Engineers prepared engineering data, plans, speaificatione and draw- <br /> ' ings as provided in their said agreement of November 27, 1939, to <br /> the extent tact such material was approximately 939b complete; and <br /> 97FITiaRFAS, the City of Lakewood has heretofore paid The <br /> <br /> m.____ Chester Engineers the sum of a'aivent~rµ~ive Thousand Dollars (ti25,000.00j <br /> on account of its obligations candor said e~reement of November 27, <br /> 1939, and the. City of Lakewood and the Cheater Engineers desire the <br /> <br /> ' compromise and f1z11 and complete settlement and adJustment of the <br /> provisions and obligationa`of their said agreement snd it being ' <br /> <br /> ~ desirable and 1n the interest of the City of Lakewood to fulfil its <br /> <br /> 3 obligations under said agreement by the payment of the further sum <br /> and in the manner hereinafter specified] and <br /> ~RF.AS, this ordinance constitutes an enrergenay in that <br /> in order to settle the obligations of the City under and pursuant <br /> to the provision of the agreement with 'Ehe Engineers dated November <br /> 27, 1939, it is necessary to provide for immediate payment b8 the <br /> amount herein authorized and in that it provides for the usual daily <br /> operation oP a municipal departm©n t, now, therefore, <br /> ' BE IT ORDAINED BY THE COIINCIL OF 4THE CITY OF L~~KEV]OOD, <br /> STATE OF OHIOi <br /> <br /> ° SECTION is ~ That the plans, drawings and specifications <br /> for tYie waterworks extension as prepared and delivered by <br /> Thc: Chester Engineers to the City of Lakewood are hereby <br /> approved. <br /> SECTION 2: That the payment of the sum of T~;anty-five <br /> Thousand Dollars (r$25,000.00j on account heretofore made <br /> by the City of Lakewood to The Cheater Engineers, is here- <br /> by approved. <br /> SECTION 3s That the M~ or 1a hereby authorized and <br /> iced <br /> e~ec~to enter into an agreement on behalf of the City <br /> of Lakewood with John T. Campbell, D. E. Davis and E. E. BFn k- <br /> son, partners., doing business as The Cheater Engineers of <br /> the City of Pittsburgh, Pennay~vania, in form aubatantially, <br /> ea follows: <br /> <br />