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Ordinance No. 35-01 By: Corrigan, FitzGerald, George, Skindell <br /> Seelie, Smith, Roth, <br /> <br /> AN EMERGENCY ORDINANCE determining to proceed with the improvement Forest Road (from <br />Lake Avenue to South End) in the City of Lakewood by removal of the existing pavement, curbs, <br />sidewalks and aprons, and replacement with reinforced concrete pavement and asphalt overlay, new <br />curbs, sidewalks and aprons, catch basins and tree lawn repair. Castings will be replaced where <br /> <br /> WHEREAS, this Coundl by a vote of at least five (5) members elected thereto determines that <br />this ordinance Is an emergency measure, and that this ordinance shall take effect at the eadiest date <br />possible as set forth in ARTICLE [1"/, SECT/ONS 10 and :1.3 of the SECOND AMENDED CHARTER OF THE <br />CZTY OF LAKEWOOD, and that it is necessary for the immediate preservation of the public property, <br />health and safety, and to provide for the usual daily operation of munidpal departments in that the <br />construction schedule requires immediate authorization to commence the project. <br /> <br />BE TI' ORDAINED BY THE C1TY OF LAKEWOOD, STATE OF OHIO <br /> <br /> Section 1. That it is hereby cl. etermined to proceed with the improvement of Forest Road <br />(from Lake Avenue to South End) by removal of the existing pavement, curbs, sidewalks and aprons, and <br />replacement with reinforced concrete pavement and asphalt overlay with new curbs, sidewalks and <br />aprons, catch basins and tree lawn repair as set forth in Resolution No. 7545-01 adopted on May 21, 2001 <br />(the "Resolution"), as amended, equalized and adjusted in the final Report to Council of the findings, of <br />the Board of Revision of Assessments (the "Board") heretofore filed with this Coundl and attached hereto <br />and made a part hereof as Exhibit"A" (the "Report'S. <br /> <br /> Section 2. That the Report is hereby approved and the assessments, as amended, equalized <br />and adjusted by the Board and set forth in its Report, hereby are accepted and approved. <br /> <br /> Section 3. That such improvement shall be in accordance with the Resolution, as amended, <br />equalized and adjusted by the Board in its report, and in accordance with the plans, estimates and <br />profiles now on file in the office of the Director of PUblic Works; and the character of the materials to be <br />bld upon for the construction is shown on the plans and reference is made to said plans and specifications <br />for additional Information concerning the character of the materials for such improvements. <br /> <br /> Section 4. That upon receipt of evidence by the City Engineer prior to commencement of <br />construction to support that the sidewalk and/or driveway apron of a particular parcel has been replaced <br />by the property owner subsequent to 3uly 1, 1996, the City shall reduce the total assessment on said <br />parcel up to 20% of the cost of said improvement on the sidewalk and/or drive apron. The final amount <br />of the credit shall be determined by the Board of Revision of Assessments. <br /> <br /> Section 5. That the Board has reported to this Coundl that no claim for damages resulting <br />from the improvement have been filed; butif it should be determined that any claims have been filed, <br />they shall be inquired into before the commencement of the proposed improvements, and the Director of <br />Law shall be, and is hereby authorized and directed to institute legal proceedings in a court of competent <br />Jurisdiction to inquire into any claims so filed. <br /> <br /> Section 6. That the cost of said improvement to be assessed shall be assessed in the <br />manner and the number of installments provided in the Resolution, and on the lots and lands abutting <br />and abounding upon said improvement between and including the termini of the improvement, as <br />amended, equalized and adjusted by the Board in its report; and the cost of'said improvements shall <br />include the cost of preliminary and other surveys, plans, specifications, profiles, and estimates and of <br />printing, serving and publishing notices, resolutions and ordinances, the amount thereon, the costs <br />Incurred in connection with the preparation, lew and collection of the special assessments, the cost of <br />purchasing, appropflating and otherwise acquiring therefore any required real estate or interests therein, <br />expenses of legal services including obtaining an approved legal opinion, cost of labor and material and <br />interest expense incurred by the City on bonds and notes issued 'in antiCipation of the levy and collection <br />of the special assessments together with all other necessary expenditures. <br /> <br /> Section 7. That the list of estimated assessments as heretofore prepared by the Director of <br />Finance and as amended, equalized and adjusted by the'Board in its report be and the same is hereby <br />approved and the assessments so to be levied shall be paid in ten (10) semiannual installments, with <br />interest on deferred payments at the same rate as shall be borne by the bonds to be issued in <br />anticipation of the collection thereof, provided that the owner of any property to be assessed may, at his <br />option pay such assessment in cash within thirty (30) days of receipt of the City's invoice. <br /> <br /> <br />