46-76 Levy special assessments to improve Forest Cliff Dr

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ORDINANCE NO. 46-76 BY: Messrs. McBride, Sinagra, Usher, BrOckman, Magnotto AN ~ERGENCY ORDINANCE to levy special assessments for the ~mprovement of Forest Cliff Drive ~n the City of Lakewood, Ohio, between certain termini by the necessary ~rading of the base, resurfacing with asphaltic concrete includinz the necessary replacement and resetting of castings and resettin~ and rePlacing the curbs together with the necessary appurtenances thereto. WHEREAS, this Council by two-thirds vote of the members elected thereto determines that this ordinance is an emergency measure which is necessary for the immediate preservation of the public peace, property, health and safety and for the further reason that'the assess- ments herein provided for must be promptly lev~ed in order to retire the outstanding note by the issuance of bonds or notes and thereby preserve the credit of the City; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Lakewood, Cuyahoga County, State of Ohio: Section 1. That the assessment of the cost and expense of improving Forest Cliff Drive from Lake Aven~e to the northern terminus in the City of Lakewood, Ohio, by the necessary grading of the base, resurfacin~ with asphaltic concrete including the necessary replacement and resetting of castings and resetting and replacing the curbs together with the necessary appurtenances thereto as set forth in Resolution No. 5068 adopted by this Council on May 5, 1975 and amounting in the aggregate to $5,088.73 as reported to this Council on the 6th day of July, 1976, by the Director of Finance, be and the same is hereby adopted and confirmed, and that there be and are hereby levied and assessed upon the lots and lands bounding and abutting upon said improvement the several amounts reported as aforesaid, which assessments and the description of said lots and lands are now on file in the office of the Clerk of Council and which assessments are in proportion to the special benefits, and are not in excess of any statutory limitation. Section 2. That the total assessment against each lot or parcel of land shall be payable in cash within thirty days after passage of this ordinance, or at the option of the oWner, in five annual installments with the interest at the same rate as shall be borne by the bonds to be issued in anticipation of the collection of the same. Ail cash payments shall be made to the Director of Finance of said City. All assessments and installments thereof remaining unpaid at the expiration of said period shall be Certified by the Director of Finance to the County Auditor as provided by law to be placed by him on the tax duplicate and collected as other taxes are collected. Section 3. That the Clerk of Council is hereby directed to file a certified copy of this ordinance with the Auditor of Cuyahoga County within thirty days of the date of its passage as required by Section 319.61, Ohio Revised Code. Section 4. That it is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all deliberations