8920-17 Approve Submerged Lands Lease at Webb Rd.

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Please substitute for Res 8920 -17. Is' Reading & Referred to the Public Works Committee 2/6/17. RESOLUTION NO. 8920 -17 BY: A{} owrin''0$E`earyk'0�N'Iari�Iey Marx, A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, approving the use of submerged lands for property located at and abutting the Northern Terminus of Webb Road, Lakewood, Ohio (a legal description of which is attached hereto as Exhibit "A "), in order to permit the owners the opportunity to undertake lakeshore protection measures. WHEREAS, property owners, City of Lakewood, 12650 Detroit Avenue, Lakewood, Ohio, have proposed to construct bluff stabilization and protection for a new waste water treatment plant effluent diffuser pipe located approximately 1,653 feet northward from the shoreline along the Lake Erie floor at Lakewood, Cuyahoga County, Ohio; and WHEREAS, as part of the application to lease submerged lands, the parties involved must submit to the Ohio Department of Natural Resources a resolution from Lakewood City Council approving the proposed use of the submerged land; and WHEREAS, this Council by a vote of at least five of its members determines that this resolution is an emergency measure and that it shall take effect at the earliest date possible as set forth in Article III, Sections 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 this approval is required to move forward with construction of this project this spring; now, therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. The City of Lakewood finds and determines that territory being proposed for construction of shore protection, which territory is further described in the application for a submerged lands lease identified in Exhibit "A ", 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 city. Section 2. 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. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this resolution were adopted in an 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.