Laserfiche WebLink
CI`Tr OI' IdOH''f-, OISIST'i:D <br />hLJC?LU1.'ION IvO. <br />? <br />By <br />KESOI,UT:CON AUri'hORI`LING `Mill Ia 3UIXCE OF A aA?'?IiARY SEviltZ T,TNV. PmliiZ' TO <br />SUBURBANITE Ha1MSs iNC. ,AidD D(}RIS MfRVILIUS? TPUSTEE, LHEM SUCCE6SUuS <br />AND .4SSTGNS, FCR TaLZACL .DttIVE LOCAiED IN ENGOGT,IA A-MD CIPIII SU-BDSv i3i_0P3 <br />P?0. 2, .A1,ID DETCTARINCi AN !IE?F?GENCY. <br />iMIMEAS= heretofore Suburbanite Homes, inc;. has had approved by the I'l.a.nnin;; <br />Commission oi the city and Council of the city$ pxoposed Engoglia and Cipiti Subdivisior. <br />No. 2 and in which said praposed subdivision lands ,cjre to be used for street purposes <br />identified as Terrane Drives a..nd <br />;?rMEA5., since the approval of said subdivision., the develaper has heretofore <br />recluested the granting of a sani-tary sewer permit in said proposed Terrace Ilrive to <br />serve approximatel,y 18 horres to be developed therearz and which sewer line would be <br />connected Vrith the sanitarg sewerage disposal plant known as the Package Plant constr-ucted <br />in 0]].innsted Township adjoining the l,-nd.s of said subdivision, and <br />;;THEREASs other lands of said Subtitbanite Homess Inc*, Doris Morvilius., Trus c,ees <br />adjoining Engoglia and Cipiti Subdivision No. 2 are contemplated for deJelapment into <br />subdivisions in which subdivisions and proposed strE:ets to be therein 7.ocated, would <br />r.ave sanitary sewer ].ines constructed therein tying into the sanitasy sewer proposed ;o <br />be installed in Terrace Drivej, and <br />;RT <br />RiAS' by denial to the developer of a sanitary sewer per:nit by the ciiy <br />resulted in litigation in the Common Pleas Court of CuyaYioga County which Court ordered <br />the City to issus a sani-tary sewer permit for lerraae Drive and in addition tilereto, <br />made a finding of money damages in favor ai said developer in the amount of $3315.CQ for <br />wrongfully denying said permi.t., ??.nd <br />U1HIMEAS., it is the desire of the City and of the Developer to have an entry <br />made in said cases the genera7. terms of which ?;i.ll ??rovide for the issuance by the ?ity <br />to -the developer of a sanitary sewer line permit f or the installation of a sewer line <br />in Terrace Drive and the develaper to wazve the judgment o'ptained a.gainst the City uith <br />interest thereon, and thut the Ci,',y would issue ftzrther sani-cary sewer line permits ix; <br />the remaining laruls of the developer when said lands are properly platted., laid out in <br />accardance with the ordinances oi the City relating to subdivisions and -?ha installation <br />of improvemerrts -tnerein., and upon such entry being made in tuhe Court of Appeals Case <br />ido. 25028s that sa:id case be cii.smi.ssed at defendants-appe11an1:s costs. <br />N(W. 21HEREFCRE., BE IT H?:Si?LVED by the Cowzcil of the City of North n]msted, <br />State of Ohio: <br />Section. 1„ '1'hat the Builctint; Comm.i.ssionE;r Ue authorized and directed to <br />issue a permit for the installation of a sanitary sewer line in `1'errace Drive in accord- <br />ance with the p7ans and spec3.ficationsto be approved by the City issuing said sewer line <br />i.n con£ormity with the ordinances of the 'U'ity governing the installati-on of improvements <br />in streets in proposed subdivisions when the pendir4; Court of Appeals action ancl the <br />lower courts doeket whon the trial court docket froin urhich the appeal is taken$ has been <br />markeds "Settled and Dismissed at defendants-costs" and the Council does hereby apnrove <br />the insta7lation oi' said sanitary sewer line in Terrace Drive to be connected with t'ne <br />sa.ni.tary sewer plant locat,ed easterly thereo.i in Q7ansted iownship and wYhich plant wi1.l <br />handa.e -che sanitary se-aerage from Terraee Drive and the remaini.; J.ands af the developar <br />adjoi.ning `i'errace Drive when platited and sngineered in accordal ce with the ordin.ances <br />of this City - it beir,g understood that the sa.ni-tar;jr sewerage lines servicing the <br />presently unplatted 7.ands will connect the sewer lines to ie located in Terrace Drive Pnd <br />the sewerage system by che 7olat :ieretofore referrAd to. <br />Section 2. iha??-. this resolution is here'by declared to be an emergency nieasL?re <br />necessGry for the inirwdiate preservation of the public health aazd welfare, and such <br />emergency exists by vir'uue of the necessity of -terminating the litigation now pendin', <br />concerning the development of ierrace Drive and other lards oi Suburbanite Homess Inc.- <br />Doris Piiorvi.liuss `I'rustee, permitting tiis prorrqat development o? `rsrrace Drive 1?nd the <br />remaining lands of said developer. <br />Section 3. ',-:'Yiereforej -U:is resolution shall take <br />after its passagep otiierti,rises at the earliest period. al:Lowed <br />:PA5SED : ? "L -' 1-C. {.. . f ? ! fj ('_ C ?? f ? t: <... -.. ? c: _ t, .•-? <br />AT`!'UST: <br />Louise Ha11s Clerk of %ouncil a . eaa <br />immediate effect from and <br />b law, <br />