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CITY OF NORTH OLMSTED <br />RESOLUTION NO. 2005 — 84 <br />BY: Mayor O'Grady <br />A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A SETTLEMENT AND <br />RELEASE OF CLAIM AGAINST THE ESTATE OF ANNE DONOVAN, CUYAHOGA COUNTY <br />COURT OF COMMON PLEAS CASE NO. 2004 EST 0085358, FURTHER AUTHORIZING THE <br />MAYOR TO EXECUTE ALL AGREEMENTS NECESSARY TO EFFECTUATE SAID <br />SETTLEMENT, AND DECLARING AN EMERGENCY <br />WHEREAS, on November 4, 2002 a Notice to Vacate the premises located at 5832 Elmhurst Road, North <br />Olmsted, was issued to Anne Donovan by the Cuyahoga County Health Department due to unsanitary conditions; and <br />WHEREAS, on January 14, 2004, Anne Donovan, owner of said premises, passed away; and <br />WHEREAS, prior to Anne Donovan's death, she incurred dog kennel fees in the amount of $13,270.00; and <br />WHEREAS, upon settlement of her estate, the City agrees to accept Four Thousand Four Hundred ($4,400.00) <br />Dollars for kennel fees due to insolvency of estate and competing Medicaid claims. <br />NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, <br />COUNTY OF CUYAHOGA AND STATE OF OHIO: <br />SECTION 1: That the Mayor be, and he hereby is, authorized and directed to execute, on behalf of the City, a <br />Settlement and Release Agreement, a copy of which is attached as Exhibit A. <br />SECTION 2: That this Resolution is hereby declared to be an emergency measure immediately necessary for the <br />preservation of the public health, safety and welfare, and further for the reason that it is necessary that this Resolution go <br />into effect immediately so that it may meet Probate Court Account deadlines, and further provided it receives the <br />affirmative vote of two- thirds of all members of Council, it shall take effect and be in force immediately upon its passage <br />and approval by the Mayor. <br />PASSED: 14,14 L74 12 0 0 S_� <br />BARBARA L. SEMAN <br />Clerk of Council <br />APPROVED: <br />MAYOR THOMAS E. O'GRID Y <br />First Reading: S / % OS— <br />Second Reading: <br />Third Reading: <br />Committee: <br />KE FIN M. KENNn Y <br />President of Council <br />APPROVED AS TO LEGAL FORM: <br />/s /James M. Dubelko <br />JAMES M. DUBELKO <br />Director of Law <br />