1977-013 OrdinanceORDINANCE 1977
Offered by May~Hartlaub
AN ORDINANCE APPROPRIATING $706.~1 FOR THE SETTLEMENT
OF A LAW SUIT, AUTHORIZING THE FINANCE DIRECTOR TO
ISSUE WARRANTS PURSUANT THERETO, AND DECLARING AN
EMERGENCY.
WHEREAS, the City of Fairlawn together with every other municipality
and Village in Summit County was sued by The Akron Law Library
Association on/about October 21, 1976 ~ and
WHEREAS, said suit was similar to a suit filed in 1968 by the same
relator and seeks to obtain funds allegedly due by the statute to
said Library Association out of certain traffic fines, and
WHEREAS, the Village of Fairlawn in 1969 was found to be indebted in
the amount of ~555.58 for the period of August 1, 1967 through
December 51, 1968, and did subsequently pay said sum pursuant to
journal entries filed therein, and
WHEREAS, it has been det'ermined that there was further indebtedness
from January 1, 1969 through December 51, 1971, for the Village of
Fairlawn for the period of time it was operating a Mayor's Court, and
WHEREAS, the City of Fairlawn became a City by operation of law on
January 1, 1972, and did eliminate said Mayor' s Court, amd
WHEREAS, theCity of Fairlawn is the true and lawful successor of the
Village of Fairlawn, having acquired the assets and liabilities of
said Village of Fairlawn, and
WHEREAS, The Akron Law Library Association has agreed to accept the sum
of Seven H~ndred Six and ~1/100 Dollars (87o6.~) in fu~ settlement
of all liability of said Village of Fairlawn to the association, and
to dismiss the City of Fairlawn as a party defendant at plaintiff's
cost, in return for payment of said sum:
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF FAIRLAWN, OHIO:
Section 1: There is hereby appropriated from the General Fund Account
7A6 of the City of Fairlawn, the sum of Seven Hundred Six and ~l/1OO
Dollars (8706.~1) to be applied as and for final settlement of Case No.
8288, pending in the Ninth District Court of Appeals.
Section 2' The Finance Director is hereby authorized and directed to
make appropriate entries and to draw the usual warrants/vouchers pursuant
hereto.
Section ~: That it is hereby found and determined that this legislation
complies with Section 121.22, O.R.C. regarding notification of meetings
and all deliberations of this Council pertaining hereto have been con-
ducted in accordance therewith.
Section ~: This ordinance is hereby declared to be an emergency measure
necessary to the health, safety and general welfare of the residents of
the City of Fairlawn for the reason that an immediate settlement of the
1977- 15
ORDINANCE ~977- ~5 (Cont,)
pending law suit will eliminate further expenditures for legal and
autidin~ services and it shall therefore be in full force and effect
upon enactment and approval by the Mayor, or at the earliest time allowed
by law.
Enacted- February 7,
:~i 1 li am ~'.
Clerk of Council
1977
.' ................ ~i"~-h,.,--,., C, g×owry ~
President of Council
Approved' February 7,
;/~os~pp_h A. Hartlaub
1977
Approved as to Form'
Robert H. Maxson
Director of Law
I, William F. Reed, Clerk of Council of the City ol Fairlawn, Summit
County, Ohio do hereby certify that the foregoing Ordinance No. 1977-1~
was duly and regularly passed by the Council at a Regular Meeting on
February 7 , 1977.
William F. Reed
Clerk of Council
This is lo cer'ify 'h~' '~. ........ '-~' ~'' '7? the
·
within Ordinance/;.'.:,'..~:.'-i''' :.'.,'~ v,,.~s i:.ublished by
. ,]~ .':':o. in five public
posting a true col)7 of "'
places within the Cii'y ,ns prescribed in Ord. 1972-108;.
William F. Reed
Clerk of Council