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.r <br />?- ,,..CITY OF NORTH OLMSTED <br />ORDINANCE N0. 79- 35 <br />BY: MRS. SARINMR <br />} <br />AN ORDINANCE AUTHORIZING THE DIRECTOR OF LAW OF THE CITY <br />OF NORTH OLMSTED TO SETTLE THE CASE OF BIG 0 OLDSMOBILE, <br />INC., VS. CITY OF NORTH OLMSTED, COURT OF APPEALS CASE <br />N0. 39528, AND DECLARINr, AN EMERGENCY, AS AMENDED. <br />Wf-IEREAS, there is presently pending in the Court of Appeals the case <br />of Big 0 Oldsmobile vs. City of North Olmsted, and <br />WHEREAS, said case involves the removal of a tree which was <br />originally included in the development plan approved by this Council, and <br />WIEREAS, Big 0 Oldsmobile, Inc., has agreed to plant four (4) two and <br />one-half inch (2Z") Pin Oak Trees within the fifty (50) foot setback in <br />return for an agreement to remove the subject tree, and <br />WHEREAS, it has come to the attention of_ this Council that the <br />subject tree has considerable soil compaction leading to suffocation due to <br />asphalt and grading, and the main center lead is completely dead. <br />NOW, Tf-EREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH <br />OLMSTED, OHIO: <br />SECTION 1: That the Director of Law be and he is hereby authorized <br />to settle the case of Big 0 Oldsmobile, Inc., vs. City of North Olmsted, <br />Court of Appeals Case No. 39528 by signing the Judgment Entry, a copy of <br />which is attached hereto and made a part hereof and marked Exhibit "A". <br />SECTION 2: That this Ordinance is hereby determined to be an emergency <br />measure necessary for the preservation of the public health, safety and <br />welfare, and for the further reason that it is irrunediately necessary to <br />protect the rights of the City prior to the time when the case will come <br />on for hearing, and further provided it receives the affirmative vote of <br />two-thirds of all members elected to Council, it shall take effect and be <br />in force immediately upon its approval by the Ma.yor. <br />PASSED : 3.1q 71_ <br />ATTEST : <br />FLORENCE E. CAMPBE ERK OF COUNCIL <br />DWETOkLIMPERT, RE DENT COUNCIL <br />First reading: 3/6/79 _ <br />Second reading: 3 20 79 <br />Amended: 4 3 79 <br />Second reading: 4 3 79 <br />APPROVED : r/-- 3 " 2?