57-86 Dump fill material at - St. Augustine

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ORDINANCE NO. 57-86 BY: Brown, Chinnock, Gallagher, Graham, McBride, Salmon, Wendling AN EMERGENCY ORDINANCE authorizing and directing the Mayor for and on behalf of the City of Lakewood to enter into an Agreement with The Congregation of the Sisters of Charity of St. Augustine for the use by the City of a part of the property located at 14808 Lake Avenue, Lakewood, Ohio, for the purpose of dumping fill material. WHEREAS, The Congregation of the Sisters of Charity of St. Augustine is the owner of property located at 14808 Lake Avenue, Lakewood, Ohio, upon which is situated St. Augustine Academy, and WHEREAS, the City and the Congregation entered into an Agreement dated March 24, 1972, permitting the City to conduct filling operations on the land of the Congregation at its northern boundary adjacent to Lake Erie, and at the same time, protecting the Congragations's property from erosion, and WHEREAS, the City and the Congregation both desire to continue the filling operations under an updated Agreement which reflects the current needs and circumstances of both the City and the Congregation, and WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, BE IT ORDAINED STATE OF OHIO: BY THE COUNCIL OF THE CITY OF LAKEWOOD, Section 1. That the Mayor be and he is hereby authorized and directed for and on behalf of the City of Lakewood to enter into an Agreement with the Congregation of the Sisters of Charity of St. Augustine, which Agreement shall be substantially in the form as set forth in Exhibit "A" attached hereto and made a part hereof. Section 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all such deliberations 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 including Section 121.22 of the Ohio Revised Code. 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; otherwise, it shall take effect and be in force after the earliest period allowed b_.~~ Ad°pted: ~~// S//~&~p~' ~ - CLERK Approved