VILLAGE OF BOSTON HEIGHTS
45 E. Boston Mills Road • Boston Hts., Ohio 44236
Phone 330.650.4111 Fax 330.655.9578
RESOLUTION O-2008
A RESOLUTION AMENDING RESOLUTION 14 2008
PASSED ON APRIL 11, 2008 AUTHORIZING THE
VILLAGE OF BOSTON HEIGHTS COUNCIL
TO SETTLE SUMMIT COUNTY COURT OF COMMON
PLEAS CASE # CV-2007-07-4696 AND
AUTHORIZING THE MAYOR AND LEGAL COUNSEL
TO ENTER INTO AN AGREED JUDGEMENT ENTRY
WITH THE BOSTON HILLS PROPERTY
INVESTMENT LLC AND DECLARING AN
EMERGENCY
WHEREAS, the Village of Boston Heights Council approves and authorizes the settlement of Case No. CV-2007-07-4696 in the Summit County Court of Common Pleas, captioned State of Ohio ex rel Boston Hills Property Investment LLC v. Village of Boston Heights, Ohio, pursuant to the terms and conditions set forth in the Agreed Judgment Entry attached hereto as Exhibit "A".
WHEREAS, the Council authorizes the Mayor and Legal Counsel to enter into the Agreed Judgment Entry in a form substantially the same as attached hereto as Exhibit "A", with such minor typographical and other changes necessary to effectuate the Agreed Judgment Entry, on an emergency basis to avoid the costs, risks and potential damages of litigation, the impending loss of a construction season and due to the urgency of the hospital site selection decision.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of Boston Heights, County of Summit and State of Ohio:
Section 1: THAT, the Village of Boston Heights Council approves and authorizes the settlement of Case No. CV-2007-07-4696 in the Summit County Court of Common Pleas, captioned State of Ohio ex rel Boston Hills Property Investment LLC v. Village of Boston Heights, Ohio, pursuant to the terms and conditions set forth in the Agreed Judgment Entry attached hereto as Exhibit "A".
Section 2: THAT, the Council authorizes the Mayor and Legal Counsel to enter into the Agreed Judgment Entry in a form substantially the same as attached hereto as Exhibit "A", with such minor typographical and other changes necessary to effectuate the Agreed Judgment Entry, on an emergency basis to avoid the costs, risks and potential damages of litigation, the impending loss of a construction season and due to the urgency of the hospital site selection decision.
Section 3: THAT the Village of Boston Heights Council ratifies, approves and confirms all actions previously taken pursuant to Resolution 14 - 2008 passed on April 11, 2008.
Section 4: THAT this Resolution is hereby declared to be an emergency measure necessary for the preservation of the public peace, health and welfare of the residents of the Village of Boston Heights based upon avoidance of the costs, risks, and potential damages of litigation, the impending loss of a construction season, and due to the urgency of a hospital site selection decision and that this Resolution shall take immediate effect upon its passage.
PASSED:
Bill GONCY, Mayor
ATTEST:
CAROL ZEMAN, Clerk-Treasurer
I, CAROL ZEMAN, Clerk of the Village of Boston Heights, Summit County, Ohio do hereby certify that the foregoing Resolution __-2008 was duly passed by the Council of the Village of Boston Heights, County of Summit, State of Ohio at a Special Council meeting on the 11th day of May, 2008.
CAROL ZEMAN, Clerk of the
Village of Boston Heights