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WHEREAS, this Council recognizes the importance of this vital storm water <br /> management project and further recognizes that it is essential to preserving and protecting the <br /> financial investments that North Olmsted residents have made in their homes when they chose to <br /> live in the City of North Olmsted; and <br /> WHEREAS, this Council desires to direct and authorize the Mayor and Director of Law <br /> to undertake all acts preliminary to the filing of an eminent domain action to acquire the needed <br /> property located at the rear of the Pine School location; and <br /> NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF <br /> NORTH OLMSTED, CUYAHOGA COUNTY,AND STATE OF OHIO: <br /> SECTION 1: That the Mayor and Director of Law are authorized and directed to take <br /> preliminary steps necessary to exercise powers of eminent domain against the North Olmsted <br /> Board of Education as granted to the City of North Olmsted by the Ohio Constitution and the <br /> laws of the State of Ohio. This includes but is not limited to: (1) the retention of a surveyor to <br /> create a lot split survey and legal description for the Property; (2) the preparation and service of <br /> all notices required to be served under Ohio law; and (3) undertaking all other acts required by <br /> Ohio law as conditions precedent to filing an action in the Cuyahoga County Court of Common <br /> Pleas, Probate Division. <br /> SECTION 2: That this Resolution is hereby declared to be an emergency measure <br /> immediately necessary for the preservation of the public health, safety and welfare, and for the <br /> reason that this legislation must go into effect immediately in order to: (1) expedite the <br /> acquisition of real estate vital to the creation of a storm water detention basin to prevent <br /> additional storm water flooding; (2) to mitigate financial losses experienced in basement <br /> flooding events; and (3) and to further avoid the extreme emotional toll that flooding events can <br /> have upon our Residents; and further provided it receives the affirmative vote of two-thirds of all <br /> members of Council, it shall take effect and be in force immediately upon its passage and <br /> approval by the Mayor. <br /> PASSED: go/f, ,,, 6` !s- First Reading: /6/(o 19'' <br /> Second Reading: Jpi n ; <br /> Third Reading: A vp .ica <br /> Committee: A.,1/44 0(,e <br /> ATT T: <br /> MA I G LLO NICOLE DAILEYJONE <br /> Clerk of Council President of Council <br /> APPROVED: / C (2 I �5 APPROVED AS TO LEGAL FORM. <br /> h <br /> /s/Michael R. Gareau, Jr. <br /> MA Y R KEVIN M. K NNEDY MICHAEL R. GAREA U, JR. <br /> Director of Law <br /> 2 <br />