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RESOLUTION NO. 4344 BY: <br /> <br />Messrs. Cain, Gaydos, <br />Huf2~an, Usher, <br />Ward and Bennett <br /> <br /> AN EMERGENCY RESOLUTION authorizing payment of a <br />moral claim in the amount of $825.00 to Alvera Liedtke, <br />1557 Elmwood Avenue, Lakewocd, Ohio. <br /> <br /> WHEREAS, During or about the month of April, 1957, <br />a new water main on Elmwood Avenue in Lakewood, was installed <br />by the Kalill Company, under contract with the City of <br />Lakewood, and, <br /> <br /> WHEREAS, Said installation was made in such a manner <br />as to interfere with the sewer line from the premises known <br />as 1557 Elmwood Avenue, owned by Alvera Liedtke, and, <br /> <br /> WHEREAS, It was necessary for Alvera Liedtke to <br />e:~end a substantial sum of money to rectify the condition <br />caused by the installation of the new water main, and, <br /> <br /> W~EREAS, The City of Lakewood is not legally liable <br />for the damages caused by the installation of said new water <br />main, and, <br /> <br /> WHEREAS, This Council has determined that it has a <br />moral obligation to reimburse Alvera Liedtke for said damages, <br />a ~d, <br /> <br /> WHEREAS, This resolution constitutes an emergency <br />measure providing for the usual daily operation of a municipal <br />department; now, therefore, <br /> <br /> BE IT RESOLVED BY THE COU~{CIL OF THE CITY OF <br />LAKEWOOD, STATE OF OHIO: <br /> <br /> Section 1. That the Director of Finance be and he <br />is hereby authorized to pay to Alvera Liedtke, '~le sum of <br />$825°00 for the cost of repairs to the sewer at 155'7 Elmwood <br />Avenue, necessitated by the installation of a new water main. <br /> <br /> Section 2. That the Director of Law be and he is <br />hereby instructed to obtain a subrogation of any and all rights <br />Alvera Liedtke has or may have against the Kalill Company as <br />the result of the installation of said water main. <br /> <br /> Section 3. This resolution is hereby declared to be <br />an emergency measure for the reasons stated in the preamble <br />hereof and provided it receives the affirmative vote of two- <br />thirds of all members elected to Council, it shall take effect <br />and be in force i~mediately upon its adoption and approval~y <br />the Mayor. <br /> <br />Adopted: ,, May 4, 1964 <br /> <br />President <br /> <br /> May 7, 1964 <br />Approved:,,, <br /> <br />Clerk <br /> <br /> <br />