6342-89 Consent Decree Patrick Media Group vs. Lkwd

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RESOLUTION NO. 6342-89 By:Brown, Chinnock, Gallagher, Gazzana, George, Graham, Wendli~ AN EMERGENCY RESOLUTION authorizing the Mayor, one-half of the City of Lakewood, to sign and execute the Consent Decree approved by Judge Ann Aldrich in Patrick Media Group, Inc. vs. the City of Lakewood, Action No. C 88 0308 in the United States District Court, Northern District of Ohio, and WHEREAS, the City of Lakewood has prevailed on all major issues in litigation concerning sign regulations contained in our Codified Ordinances and particulary as it relates to billboards and the removal thereof in our City, and WHEREAS, it has been determined that a final resolution, in accordance with decisions made by the Court, of the various matters still pending in State and Federal litigation with Patrick Media Group, Inc., and other entities, is in the best interest of the citizens of the City of Lakewood and contributes to the public health, safety and welfare, and WHEREAS, the Consent Decree attached hereto accomplishes the objectives of the ordinance in preserving the public, safety and welfare, and WHEREAS, this resolution constitutes an emergency measure in that it provides for the immediate preservation of the public health, safety and welfare; now, therefore, BE IT RESOLVED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That the Mayor be and he is hereby authorized to sign the Consent Decree in Civil Action C 88 0308, presently pending in the United States District Court, Northern District of Ohio, which will resolve all matters between the parties therein in both State and Federal courts. Section 2. That the Mayor be and he is hereby authorized to take all' necessary actions to enforce the Consent Decree in Civil Action No. C 88 0308 which is attached hereto and incorporated by reference herein. Section 3. It is found and determined that all formal actions of this Council concerning and relating to the passage of this resolution 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. Section 4. That this resolution 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 by law. CLERK