3616 - 54 Employ special counsel re: RR - Clifton Pk bridge

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f ' ~ RESOLUTION N0. 3616 BY Intr. Quinn AN EMERGENCY RESOLUTION employing and relating to the employ- ment of Special Counsel to represent the City of Lakewood in opposing a new bridge across Rocky River from, and the construction of approaches incident thereto in, Clifton Park, and in related traffic problems., WHEREAS, the County Engineer has advocated the construction of a bridge across Rocky River on Aligment A as set forth in the Knappen» Tippetts»Abbett»McCarthy report to the Board of County Commissioners of Cuyahoga County and public statements, attributed to a member of the Board, indicating an intent by the Board to approve such bridge and to proceed forthwith with such preliminary action as caonsidered necessary to secure the construction thereof; and WHEREAS it is considered that the Department of Law of the City is not sufficiently staffed to deal with this special problem and at the same time take care of usual and normal City legal business; and WHEREAS, this resolution constitutes an emergency in that statements heretofore made to this Council and to members thereof and statements appearing more recently in newspapers attributed to a member of the Board of County Commissioners and also to the County Engineer indicate that they contemplate precipitate action in an endeavor to secure the approval and the construction of such T~ridge by the Director of Highways of the State of Ohio without the consent of the legislative authority of this City, such intent and proposed action, in turn re» ` quiring action forthwith by this Council; and, further, in that st provides for the public welfare and safety and the usual daily operation of municipal departments; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF hAKEWOOD, STATE OF OHIO: Section 1. That the firm of Arter»Hadden»Wykoff & Van Duzer, Attorneys at Law, be, and it is hereby, employed as Special Counsel for and to represent the•City of Lakewood; specifically in opposing the construction of a bridge with approaches in Clifton Par~C northerly of the N.Y.C. & St. L. Railroad as recommended by the County Engineer of Cuyahoga County and as more particularly set forth in the Knappen» Tippetts-Abbett-McCarthy report, in opposing any concurrence therein by the Board of County Commissioners of Cuyahoga County and in opposing ~ any concurrence therein and any declaration of the necessity of such bridge by the Director of Highways of the State of Ohio; and, also, to - represent the City of Lakewood, generally, in connection with the problems of Rocky River traffic crossings, the improvement of existing Detroit»Rocky River bridge, and with the advisability of constructing a new bridge or bridges across Rocky Rawer. - Section 2. Special Counsel hereby employed shall have author- ity and is hereby authorized to represent the City of Lakewood before the Director of Highways, in the defending of any and all court actions taken or brought preliminary to the intended building of such bridge,• in the bringing of any action on behalf of the City of Lakewood con» sidered necessary in relation thereto, and. the doing of all things considered by such Special Counsel to be necessary in opposing the con- struction of a bridge across Rocky River northerly of the N.Y.C. & St. Lo Railroad and incident approaches through and in Clifton Park. Section 3. The cost of services and expenses of such Special Counsel shall be paid from the General Fund. Section The Clerk of Council is hereby authorized and di» rected to forward a certified copy of this resolution to Messrs. Arter- Hadden-Wykoff Sc Van Duzer for the attention of Mr. Ashley M. Van Duzer, and to request an acknowledgment thereof to include an acceptance or refusal of such employment.