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ORDINANCE NO. 2002-44 (As Amended) PAG E 3 as further described in the Exhibits attached hereto and, which are incorporated herein by reference as if fully rewritten, are appropriated for the widening of SOM Center Road pursuant to the Constitution and the laws of the State of Ohio. SECTION 2. Council finds that the appropriation is necessary for public street purposes and that the Village has been unable to agree on the fair market value with the owners, persons in possession and persons having an interest of record in the properties. SECTION 3. The Director of Law is herein and hereby authorized and directed to prepare and file Petitions for Appropriation in a court of competent jurisdiction, to attach a statement of the value of the property appropriated together with damages, if any, to the residue as determined by the Village, and to deposit the funds in the amount of each of the appraisals, with the Petitions to the Probate Court, and have a jury empaneled to assess the compensation and damages, if any, to be paid for the property. SECTION 4. The Council finds and determines that all formal actions of this Council relating to the adoption of this Ordinance have been taken at open meetings of this Council; and that deliberations of this Council and of its committees, resulting in such formal action, took place in meetings open to the public, in compliance with all statutory requirements including the requirements of Section 121.22 of the Ohio Revised Code. SECTION 5. This Ordinance is hereby declared to be an emergency measure immediately necessary for the health, safety and welfare of the residents of Mayfield Village, Ohio. It shall, therefore, take effect immediately upon the passage by the affirmative vote of not less than five (5) members elected to Council and approval by the Mayor or otherwise at the earliest time allowed by law. ` . % WILLIAM BUCKHOLTZ Council President