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ORDINANCE NO. 2-91 <br /> <br />BY: Boscia, Gallagher, Gazzana, <br /> George, Graham, Roth, Smith <br /> <br /> AN EMERGENCY ORDINANCE authorizing and directing the Mayor, <br />on behalf of the City of Lakewood, to enter into a Purchase Agreement <br />with Lois J. and Howard E. Swartwood for the acquisition of property <br />located in the City of Lakewood at 1436-38 Victoria Avenue. <br /> <br /> WHEREAS, Council has determined that it is in the best <br />interest of the City to acquire said property to be used for a public <br />purpose, and <br /> <br /> WHEREAS, said property is an essential part of the proposed <br />Downtown Development area and must be acquired if the Town Center <br />Project is to proceed, and <br /> <br /> WHEREAS, the current owners of the property have agreed to <br />negotiate a sale of the property to the City without the necessity of <br />a taking under eminent domain, nothwithstanding the City's intention <br />to take by eminent domain such property in the event a negotiated <br />agreement could not be reached, for a purchase price of $85,000 <br />subject to final approval by Council pursuant to a duly adopted <br />ordinance and final acceptance of the agreement, and <br /> <br /> WHEREAS, this ordinance constitutes an emergency <br />providing for the immediate preservation of the public health, <br />and welfare; now, therefore, <br /> <br />measure <br /> safety <br /> <br />BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: <br /> <br /> Section 1. That the Mayor on behalf of the City of <br />Lakewood be and he is hereby authorized and directed to enter into a <br />Purchase Agreement with Lois J. and Howard E. Swartwood for the <br />acquisition of the property located at 1436-38 Victoria Avenue and <br />described in the Purchase Agreement attached hereto and incorporated <br />by reference herein, said Purchase Agreement to be substantially in <br />the form as attached hereto with such additional provisions as are <br />acceptable to the Director of Law to protect the public interest. <br /> <br /> Section 2. That pursuant to the conditions of the <br />aforementioned Purchase Agreement, Council hereby formally approves <br />the' purchase of said property hereinabove described, including the <br />terms and conditions set forth therein and approves and ratifies the <br />actions of the Mayor as of this date. <br /> <br /> Section 3. It is found and determined that all formal <br />actions of this Council concerning and relating to the passage of this <br />ordinance were adopted in an open meeting of this Council, and that <br />all such deliberations of this Council and of any of its committees <br />that resulted in such formal action were in meetings open to the <br />public in compliance with all legal requirements. <br /> <br /> Section 4. That this ordinance is hereby declared to be an <br />emergency measure for the reasons stated in the preamble hereof and <br />provided it receives the affirmative vote of two-thirds of all members <br />elected to Council, it shall take effect and be in force immediately <br />upon its adoption and approval by the Mayor; otherwise, it shall take <br />effect and be in force after the <br /> <br />Adopted: ~~ ~ /~/ <br /> <br />Approved.~~0%~ ?. / ~ ~J <br /> <br />earliest period allowed b5 law. <br /> <br /> MAYOR ~ <br /> <br /> <br />