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<br />CITY OF NORTH OLMSTED <br />ORDINANCE NO. 7 5 - .'t/O <br />BY : ~,, <br />AN ORDINANCE RATIFYING AND CONFIRMING THE <br />SETTLEMENT OF A CLAIM BY THE CITY OF NORTH <br />OLMSTED AGAINST COMMERCE CONSTRUCTION COMPANY <br />FOR 13AMAGES TO WALTER ROAD, AND DECLARING AN <br />EMERGENCY. <br />WHEREAS, Walter Road from Maple Ridge North to the City line <br />falls within both the City of North Olmsted and the City of <br />Westlake; and, <br />WHEREAS, during the installation of sanitary sewers by the <br />City of Westlake the Commerce Construction Company caused damage <br />to the easterly portion of Walter Road, the same being a dedicated. <br />street of the City of North Olmsted; and, <br />WHEREAS, through the efforts of the City Engineer, the Commerce <br />Construction Company agreed to settle .any causes of action which the <br />City of North Olmsted might possibly bring against the said Commerce <br />Construction Company for damages; and, <br />WHEREAS, it is the desire of this Council to ratify and confirm <br />the agreement of settlement with Comm~erce Construction Company; <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, COUNTY OF CUYAHOGA, AND STATE OF OHIO: <br />SECTION 1: That this Council hereby ratify and confirm the <br />entc~ring_into an agreement with Commerce Construction Company for <br />the settlement of any and all claims arising out of the damage to <br />the North Olmsted portion of Walter Road by the Commerce Construc- <br />tion Company, which agreement is attached hereto and made a part <br />hereof as though fully rewritten herein and marked Exhibit "A." <br />SECTION 2: That this ordinance is declared to be an emergency <br />measure necessary for the preservation of the public welfare and <br />safety of the citizens of the City of North Olmsted, and for the <br />further reason that it is immediately necessary to settle the liability <br />matter regarding Walter Road, and further provided it receives the <br />affirmative vote of two-thirds of all members elected. to Council, <br />it shall take effect and be in force .immediately upon its passage <br />and approval by the Mayor. <br />PASSED: t„~ (,t,~E... ~~~ d~ <br />ATTEST: <br />.~ ~~.~. <br />NORA T. HILL, CLERK OF COUNCIL <br /> <br />~~ ~ ~~~~ <br />FRANCIS J. O' L , PRESIDF~+TZ' BF <br />COUNCIL <br />,,~~"'+ <br />RALP E. CHRISTMAN, MAYOR <br />_,,.. <br />