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RESOLUTION NO. 7045-95 BY: Boscia, ~lannery, George, <br /> Gibbons, Roth, Seelie, .Smith <br />AN EMERGENCY RESOLUTION finding that certain described <br />submerged land abutting the City is not necessary for the <br />construction or maintenance of various improvements. <br /> WHEREAS, the members of the Carlyle Condominium homeowners <br />association have applied to the Ohio Department of Natural <br />Resources (ODNR) and the U.S. Army Corps of Engineers to <br />construct an erosion control measure on submerged land in Lake <br />Erie abutting the City; and <br /> WHEREAS, in order to receive the required permits from ODNR, <br />the City is required by the State to make certain findings <br />regarding said land; and <br /> WHEREAS, construction of the erosion control measure <br />described in attached Exhibit A will not require the expenditure <br />of public funds; and <br /> WHEREAS, said land, more fully described in attached Exhibit <br />A, is not necessary or required by the City for the construction, <br />maintenance, or operation by the City of breakwaters, piers, <br />docks, wharves, bulkheads, connecting ways, water terminal <br />facilities, improvements, or marginal highways in aid of <br />navigation and water commerce; and <br /> WHEREAS, the use described in attached Exhibit A is <br />consistent with permitted land uses for the area; and <br /> WHEREAS, this resolution, constitutes an emergency measure <br />providing for the immediate preservation of the public heal.th, <br />safety, and welfare for the reason that the described erosion <br />control measures are necessary to prevent further loss of or <br />damage to real property within the City; now, therefore, <br /> <br />BE IT RESOLVED BY THE CITY OF LAKEWOOD, STATE OF OHIO' <br /> <br /> Section 1. That the submerged land abutting the City and <br />described in attached Exhibit A is not necessary or required 'by <br />the City for the construction, maintenance, or operation of <br />breakwaters, piers, docks, wharves, bulkheads, connecting ways, <br />water terminal facilities, .improvements, or marginal highways in <br />aid of navigation and water commerce; and the use described in <br />attached Exhibit A is consistent with uses permitted in the area. <br /> Section 2. That the Clerk of Council is hereby <br />authorized and directed to transmit a copy of this resolution to <br />Brian Van Atta, Manager, Carlyle Condominiums, and 3ames Lowe, <br />President, 12g00 Lake Avenue Condomini'um 'Associatio'n, at 12900 <br />Lake Avenue, Lakewood Ohio, 44107. <br /> Section 3. It is found and determined that all formal <br />actions of this Cou'ncil concerning and relating to the passage of. <br />this resolution were adopted in an open meeting of this Council, <br />and that all such deliberation of the Council and of any of its <br />committees that resulted i!n such formal 'action were in meetings <br />open to the public in compliance with all legal requirements. <br /> Section 4. That 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 <br />two-thirds of all members elected to Council, it shall take <br />effect and be in force immediately upon its adoption and approval <br />by the Mayor; otherwise, it shall take effect and be in force <br />after the earliest period allowed by law.' <br /> <br />Adopted: /, /t t£, <br /> <br />President <br /> <br />Approved <br /> <br />'C1 erk <br /> <br />Mayor <br /> <br /> <br />