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ORDINANCE NO. 41-70 <br /> <br />BY: Messrs. Usher, Ward, Wendling, <br /> Graber, Huffman, Kelley <br /> <br /> AN ~.~RG~JCY ORDINANCE to levy special assessments for the <br />improvement of Marlowe Avenue in the City of Lakewood, Ohio, between <br />certain termini by the necessary grading of the base, resurfacing with <br />asphaltic concrete including the necessary replacement and resetting <br />of castings and the necessary resetting and. replacing of curbs together <br />with the necessary appurtenances thereto. <br /> <br /> WHEREAS, this Council by two-thirds vote of the members elected <br />thereto determines that this ordinance is an emergency measure which <br />is necessmry for the immediate preservation of the public peace, property, <br />health and safety and for the further reason that the assessments herein <br />provided for must be promptly levied in order to retire outstanding notes <br />by the issuance of bonds and thereby preserve the credit of the City. <br /> <br /> NOW, THEREFORE, BE IT ORDAINED by the Council of the City of <br />Lakewood, Cuyahoga County, State of Ohio: <br /> <br /> Section 1. That the assessment of the cost and.expense of <br /> improving Marlowe Avenue from Detroit Avenue to Franklin AMenue in the <br /> City of Lakewood, Ohio, by the necessary grading of the base, resurfacing <br /> with asphaltic concrete including the necessary replacement and reset- <br /> ting of castings and the necessary resetting and replacing of curbs together <br />'with the necessary appurtenances thereto as set forth in Resolution No. <br /> ~707 adopted by this Council on March 17, 1969 as amended by Resolution <br /> No. ~717 adopted on May 19, 1969 and amounting in the aggregate to $~,601.5~ <br /> as reported to this Council on the twentieth day of July, 1970, by the <br /> Director of Finance, be and the same is hereby adopted and confirmed, <br /> and that there be and are hereby levied and assessed upon the lots and <br /> lands bounding and abutting upon said improvement the several amounts <br /> reported as aforesaid, which assessments and the description of said <br /> lots and lands are now on file in the office of the Clerk of Council <br /> amd which assessments are in proportion to 'the special benefits, and <br /> are not in excess of any statutory limitation. <br /> <br /> Section 2. That the total assessment against each lot or parcel <br />of land shall be payable~in cash not later than September l, 1970, or <br />at the option of the owner, in five annual installments with interest <br />at the same rate as shall be borne by the bonds to be issued in anticipation <br />of the collection of the same. All cash payments shall be made to the <br />Director of Finance of said City. All assessments and installments thereof <br />remaining unpaid at the expiration of said period shall be certified <br />by the Director of Finance to the County Auditor as provided by law to <br />be placed by him on the tax duplicate and collected as other taxes are <br />collected. <br /> <br /> Section B. This ordinance, having been determined to be an <br />emergency measure, shall be in Cull .force and effect from and immediately <br />meter its passage and approval by the Mayor. <br /> <br />Passed: July 20, 1970 <br /> <br />Approved: <br /> <br />Presmdent of Counci~~' <br /> Clerk of CoM6cil <br /> <br />Mayor <br /> <br />of Cou nclt <br /> <br /> <br />