40-79 Levy special assessments for Lewis Dr. improvements

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ORDINANCE NO. 40-79 BY: Brown, Chinnock, Magnotto, McBride, Salmon, Wendling-, Brockman AN EMERGENCY ORDINANCE to levy special assessments for the improvement of Lewis Drive in the City of Lakewood, Ohio, between certain termini by the necessary grading of the base, resurfacing with asphaltic concrete including the necessary replacement and resetting of castings 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 assessments herein provided for must be promptly levied in order to reimburse the Street Resurfacing Special Assessment Rotary Fund 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 Lewis Drive from Franklin Avenue to Madison Avenue in the City of Lakewood, Ohio, by the necessary grading of the base, resurfacing with asphaltic concrete including the necessary replacement and resetting of castings together with the necessary appurtenances thereto.as set forth in Resolution No. 5316 adopted by this Council on June 19, 1978 and amounting in the aggregate to $13,034.70 as reported to this Council on the 2nd day of April, 1979, 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 assessements 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. All cash payments shall be made to the Director of Finance of said City. All assess- ments 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 Coun'cil concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements including Section 121.22 of the Ohio Revised Code. Section 5. That this ordinance, having been determined to be an emergency measure, shall be in full force and effect from and immediately after its passage and approval by the Mayor. Adopted: Approved: