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RESOLUTION NO. 8749 -14 <br />REFERRED TO THE FINANCE COMMITTEE <br />6/16/14. <br />BY: Anderson, Bullock, Juris, <br />Madigan, Marx, Nowlin, O'Leary. <br />A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least <br />five members of Council, or otherwise to take effect and be in force after the earliest period allowed by <br />law, requesting the Cuyahoga County Fiscal Officer to draw and the Cuyahoga County Treasurer to pay <br />to the City of Lakewood Director of Finance an advance of all real property taxes, personal property <br />taxes, estate taxes and special assessments collected in the year 2015 in such amounts as may be <br />requested and available. <br />WHEREAS, Ohio Revised Code Section 321.34(A)(1) provides that "[w]hen the local <br />authorities by resolution so request, the county auditor shall pay township clerks, treasurers of municipal <br />corporations, the treasurer of any board of education, and the treasurer of any other political subdivision <br />or taxing district whose funds derived from taxes or other sources are payable by law to the county <br />treasurer, any money that may be in the county treasury to the accounts of such local authorities, <br />respectively, and lawfully applicable to the purpose of the current fiscal year in which such request is <br />made. The auditor and county treasurer shall retain any amounts needed to make such payments of <br />obligations of local political subdivisions or taxing districts as are required by law to be paid directly by <br />the county authorities"; and <br />WHEREAS, Ohio Revised Code Section 321.342 provides in relevant part that "[alt any time <br />prior to a settlement under section 5731.46 of the Revised Code, the fiscal officer of a municipal <br />corporation or a township may request the county auditor to make payment to such subdivision from the <br />find of an amount not to exceed seventy-five per cent of taxes paid into such fund and standing to the <br />credit of the subdivision, including both taxes with respect to which a final determination has been made <br />under section 5731.27 of the Revised Code and taxes subject to review and final determination under <br />section 5731.26 of the Revised Code. Within five days of the receipt of such request the auditor shall <br />draw a warrant in such amount upon such find, payable to the subdivision'; and <br />WHEREAS, this Council by a vote of at least five of its members determines that this resolution <br />is an emergency measure, and that this resolution shall take effect at the earliest date possible as set forth <br />in Article III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood, and that it is <br />necessary to provide for the usual daily operation of the City in that the Cuyahoga County Fiscal Officer <br />requires the City to file this resolution stating the City's intent to receive advances in 2015 prior to <br />December 1, 2014; now, therefore <br />BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: <br />Section 1. The Cuyahoga County Fiscal Officer be requested to draw and the Cuyahoga County <br />Treasurer be requested to pay to the City of Lakewood Director of Finance an advance of all real, <br />personal property, estate taxes and special assessments collected in the year 2015 in such amounts as may <br />be requested and available. <br />Section 2. The Director of Finance is hereby directed to forward a certified copy of this <br />resolution upon passage to the Cuyahoga County Fiscal Officer. <br />