13-79 Autorize & execute Lkwd vs. Westlake Health Campus

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ORDINANCE NO. 13- 79 BY: B rockman, 'Brown, Chinnock, Magnotto, McBride, Salmon, Wendling. AN t~ENCY ORDINANCE authorizing ~nd directing the Mayor to execute and cause to be filed with the Cuyahoga County Common Pleas Court a Judgment Entry dismissing the case entitled, City of iakewood~ et al v. Westlake Health Campus Association~ et al, being Case N~. 79-993375 in said Court and to execute on behalf of the City an appropriate release to be executed by the parties thereto~ WHEREAS, pursuant to Resolution No. 5361, adopted January 4, 1979, this Council authorized the filing of legal action to oppose the proposed Westlake Health Campus AssociatiOn project, and WHEREAS, pursuant to said authority the City, together with Lakeland Corammity Hospital, Inc. and Elyria Memorial Hospital, Inc. did file such action in the Con~rDn Pleas Court of Cuyahoga County said case being entitled, City. of. l~kewood~ et al v. Westlake Health C~mpus Association, et al,. and being Case No. 79-993375 in said Court, and WHEREAS, said case was subsequently consolida'ted by the Court with Case No. 79-993303 pending in the same Court and entitled, St. John Hospital~ et al v. Lakewood Hospital, et al, and WtLERFAS, this Council determines that it is in the best interest of the City that both of the hereinbefore cases be dismissed with prejudice and an appropriate release be executed by the City of Lakewood and all hospital entities who are parties thereto, and W}5~%EAS, this ordinance constitutes an emergency measure providing for the inrnediate preservation of the public health and welfare and for the furt-her reason that the lawsuits referred to herein should be dismissed at the earliest possible time; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO:~ Section 1. That the Mayor is hereby authorized and directed to execute and ca~tse to be filed with the Cuyahoga County Con~on Plem~ Court a Judgment Entry dismissing with prejudice the case entitled, .City of Lak~vood, et al v. Westlake Health Campus Association, et al being Case No. execute on behalf of the City an appropriate rE Association, West Shore Health Center, St. Johr Hospital, Fairview C~neral Hospital, Lakeland MemOrial Hospifal, Inc. for any and all matter~ connected with the consolidated cases hereinak~ Section 2. It is found and determi~ Council concerning and relating to the adoptio] in an open meeting of this Council and that all and any Of its con~nittees that resulted in suc] open to the public in compliance with all lega 121.22 of the Ohio Revised Code. Section 3. That this ordinance is measure for the reasons stated in the preambt~ the affirmative vote of two-thirds of all menb 79-993375 in said Court and to lease with Westlake Health Campus Hospital, Cleveland Osteopathic brammity Hospital, Inc~ and Elyria arising out of or in any way ~ve referred to. ~ed that all formal actions of of this ordinance were adopted deliberations of this Council formal, action were in meetings requirements, including Section ~ereby delcared to be an emergency hereof and provided it receives ~rs elected to Council, it shall take effect and be in force ~ediately upon i ;s adoption and approval by the Mayor; otherwise it shall take effect and be i period allowed by law. Adopted~z~_ ~_/. / ~ ~ ~ · :President/ Approved~~ ,-j'f~, / q