60-76 Pay claim from damages to sewer connection 12919 Lake

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ORDINANCE NO. 60-76 BY: Messrs. Magnotto, McBride, Salmon, Sinagra, Usher, Brockman, Chinnock AN EMERGENCY ORDINANCE authorizing payment of the Claim of J. Vincent Carey and Mary Margaret Carey in the total amount of Nin~ Hundred Sixty Dollars ($960.00) arising out of damage to the sewer connection for the premises located at '12919 Lake Avenue which occured as a result of the construction of the Hazelwood-Thoreau-Donald sewer project. WHEREAS, J. Vincent Carey and Mary Margaret Carey are the owners of. property at 12919 Lake Avenue, Lakewood, Ohio, and WHEREAS, in April, 1974 the City acquired a permanent easement in a portion of said property for the purpose of construction of the Hazelwood- Thoreau-Donald sewer project, and WHEREAS, in the process of the construction of said sewer damage was apparently caused to the house sewer connection which resulted in flooding of the basement of Mr. & Mrs. Carey, which damage it was necessary to repair at a cost of Nine Hundred Sixty Dollars ($960.00), and WHEREAS, this Council is of the opinion that Mr. & Mrs. Carey should be reimbursed for the cost of repair to the house sewer connection, and WHEREAS, this Ordinance constitutes an emergency measure in that it provides for the usual daily operation of a municipal department and for the further reason that payment of said funds will eliminate the possibility of litigation and further legal expense; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That payment of the claim of J. Vincen~ Carey and Mary Margaret Carey in the amount of Nine Hundred Sixty Dollars ($960.00) is hereby authorized conditioned upon the execution and delivery by J. Vincent Carey and Mary Margaret Carey of a full release in favor of the City of Lakewood duly approved by the Director of Law. Section 2. That the Director of Finance be and he is hereby authorized and directed to pay the sum of Nine Hundred Sixty Dollars ($960.00) to J. Vincent Carey and Mary Margaret Carey upon delivery to the Director of Finance the. foregoing release duly executed and approved, and to charge the same to the General FUnd - Damages Paid by the City. Section 3. That this Ordinance is hereby declared to be an emergency measure for the reasons stated in the preamble hereof and provided it receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force immediately upon its adoption and approval by the Mayor Clerk Approved: Mayor