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ORDINANCE NO. 61-08 BY' Antonio, Bullock, Butler, <br />Madigan, Summers. <br />AN ORDINANCE to take effect immediately provided it receives the <br />affirmative vote of at least five (5) members elected to Council otherwise, it shall <br />take effect and be in force after the earliest period allowed by law, authorizing <br />the Director of Law to enter into a settlement Agreement with the parties in the <br />case of Terrace Construction Co., Inc. vs. The City of Lakewood, Ohio. <br />WHEREAS, Terrace Construction was awarded the contract through the <br />bidding process for the Edgewater Interceptor Project in 2007; and <br />WHEREAS, a dispute arose at to which party was required under the <br />public improvement project agreement to pay for the relocation of a City of <br />Cleveland water main; and <br />WHEREAS, in December, 2007 Terrace Construction filed a complaint <br />against the City praying for damages in excess of $78,000; and <br />WHEREAS, the parties wish to resolve this matter via a settlement in the <br />amount of $34,000; and <br />WHEREAS, sufficient funds remain in the project to pay this settlement <br />without any impact on the .current fiscal year's general fund balance; and <br />WHEREAS, this Council by a vote of at least five (5) members elected thereto <br />determines that this ordinance is an emergency measure, and that this ordinance shall <br />take effect at the earliest date possible as set forth in ARTICLE III, SECTONS 10 and <br />13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD, and that it is <br />necessary for the immediate preservation of the public property, health and safety, and <br />to provide for the usual daily operation of municipal departments in that it is necessary <br />and in the best interest of the City to resolve claims against it in a timely manner. Now, <br />therefore, <br />BE Il" ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: <br />Section 1. That the Director of Law is hereby authorized to enter into a <br />settlement agreement with the parties in the case of Terrace Construction Co., Inc. vs. <br />The City of Lakewood, Ohio, Cuyahoga County Court of common Pleas Case No. 07- <br />