01-83 Levy special assessments for street improvements

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ORDINANCE NO. 1-83 BY: Brown, Chinnock, Gallaghe~ Graham, McBride, Salmon, Wendling AN EMERGENCY ORDINANCE to levy special assessments for the improvement of certain streets in the City of Lakewood, Ohio, between certain termini by the necessary grading and replacement of the base, resurfacing with asphal- tic 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 eliminate additional interest expense to the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF LAKEWOOD, CUYAHOGA COUNTY, STATE OF OHIO: Section 1. That the assessment of the cost and expense of improving Davis Court (Coutant to W. Terminus), Lincoln Avenue (Bayes to Lakewood ~eights Blvd), Jackson AVenue (Clifton Blvd. to Merl), Reveley Avenue (Madison Ave. to Athens) Giel Avenue (Clifton Blvd. to railroad), Lewis Drive (Madison Ave. to Lakewood Height Blvd), Cove Avenue (Lake Ave. to Edgewater Dr.), Delaware Avenue, Edgewater Drive (W. ll7th to Cove -- includes Berkshire, Waterford Condos and Edgewater Square) in the City of Lakewood, Ohio, by the necessary grading and replacement of the base, resurfacing with asphal- tic concrete including the necessary replacement and resetting of castings together with the necessary appurtenances thereto as set forth in Resolution Nos. 5619, 5650 and 5638 adopted by this Council on 2-7-81, 2-1-82 and 12-21-81 and amounting in the aggregate to $95,535.43 reported to this Coun- cil by the Director of Finance, be and the same is hereby adopted and con- firmed, 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 each owner of a lot or parcel of land to be assessed has been given an opportunity to pay the total assessment against each lot or parcel of land in cash within thirty (30) days after notice of such oppor- tunity and all such assessments not now so paid shall be paid in ten (lO) semiannual installments in a five year period 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. All assessments and installments thereof now remain- ing unpaid 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 twenty (20) days of the date of its passage as required by Section 319.61, Ohio Revised Code. Section 4. That it is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meetin~ 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.