1999 042 Ordinance - Laserfiche WebLink

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ORDINANCE NO. 99- 42 ' INTRODUCED BY: Mayor Rinker and Council as a Whole AN EMERGENCY ORDINANCE _ AUTHORIZING AN AGREEMENT WITH MIDVALE ASSOCIATES, LP SETTLING LITIGATION BETWEEN THE VILLAGE AND MIDVALE ASSOCIATES, LP REGARDING REAL ESTATE LOCATED IN AND AROUND NORTH COMMONS BOULEVARD WHEREAS, the Village obtained a fee simple interest in Permanent Parcel Nos. 831527, 831528, 831529, 831530, 831531, 831544, 831545, 831546, 831547_ ; 831548, and 831549 by eminent domain in an action captioned, "The Village of Mayfield.v. Midvale Associates; LP, et al.," Cuyahoga County Probate Court, Case No. 1998 ADV 0007248; and WHEREAS, the Village and Midvale were also parties to litigation captioned, "Midvale Associates, L.P. v. Village of Mayfield, Ohio," Cuyahoga County Common Pleas Court Case No. 357825; and 4NHEREAS, the parties have agreed to settle both of the above captioned matters p~ars!aant to the terms the Agreement attached hereto as Exhibit A. NOON, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF it±1~~~YFiELD VILLAi~E, OI~ilO, THAT: SECTION_1. The Mayor and Director of Finance are hereby and herein authorized and directed to enter into the Agreement settling the above referenced litigation which includes the purchase of real estate in the North Commons Boulevard area from Midvale P,ssociate , LP, pursuant to the terms and conditions set forth. The Director of t~ir.ance is authorized to make payment as called for in Exhibit A out of the appropriate funds of the Village. SECTION' 2. The Council finds and determines that a!I formal actions of this Council relating to the adoption of this Ordinance have been taken at open n~ieetings 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 statutary req;:~irements including the requirements of Section 121.22 of the Ohio Revised Code. SECTIdt~J 3_ This Ordinance is hereby declared to be an emergency treasure immec~iateiy necessary for the health, safety and welfare of the residents of ^Jiayfield Village; Ohio. It shall, therefore, take effect immediately upon the passage by the affirmative tote of not less than five (5) members elected to Colancil and approval by the Mayor or otherwise at the earliest time allowed by law.