8022-05 Approve Submerged Lands 17804 Lake

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PLACED ON 1ST READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 9/6/05. RESOLUTION NO. 8022-05 BY: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelíe. AN EMERGENCY RESOLUTION approving the use of submerged lands for property located at and abutting 17804 Lake Avenue in the City of Lakewood, Ohio (a legai description of which is attached hereto as "Exhibit A") so that the owner can undertake lakeshore protection measures. WHEREAS, residents, Thomas and Peggy Ann Demitrack, 17804 Lake Avenue, Lakewood, OhiO has proposed to construct shore protection in Lake Erie at Lakewood, Cuyahoga County, Ohio; and WHEREAS, as part of the application to lease submerged land, the parties involved must submit to the OhiO Department of Natural Resources a resolution from the Lakewood City Council approving the proposed use of the submerged land; and "----~ " WHEREAS, this Cõuncil by a vote of at least five (5) members elected thereto determines that this resolution is an emergency measure, and that this resolution shall take effect at the earliest date possible as set forth in ARTICLE III, SECTONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD, and that it is necessary for the immediate preservation of the public property, health and safety, and to provide for the usual daily operation of municipal departments in that these agreements must be returned to the Ohio Public Works Commission within 45 days of notice of award. Now Therefore, BE IT RESOLVED BY THE CTIY OF LAKEWOOD, STATE OF OHIO Section 1. That the City of Lakewood finds and determines that territory being proposed for construction of shore protection, and is further described in the application for a submerged land iease, is not necessary or required for the construction, maintenance or operation by the municipal corporation of breakwaters, piers, docks, wharves, bulkheads, connecting waterways, water terminals facilities and improvements and marginal highways, in the aid of navigation and water commerce, and the land uses specified In the application comply with regulation of permissible land use as determined by the local authority. Section 2. That the Clerk of Council is hereby authorized and directed to certify a copy of this resolution to the Ohio Department of Natural Resources, Office of Real Estate and Land Management. Section 3. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this resolution were adopted in ¡m open meeting 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, including Section 121.22 of the Ohio Revised Code. Section 4. That this resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this resolution, and provided it receives the affirmative vote of at least five (5) of its members elected to Council, this resolution shall take effect and be in force immediately