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Ordinance No. 45-01A ~:Cor=igan, Dunn, FitzGerald, George, Roth, Seelie, Skindell. AN EMERGENCY ORDINANCE to amend Ordnance No. 45-01, passed September 17, 2001, to include additional improvements to the sidewalk and tree lawn abutl~ng Homewood Drive in the City of Lakewood, Ohio. WHERAS, each resident was given the opportunity to have the sidewalk abutlJng their property replaced and were required to inform the City in writing of their decision; and WHEREAS, only one property owner has elected to have the City remove and replace his sidewalk; and WHEREAS, at the request of the owners of the property abutting Homewood Drive, historical street lighting will replace existing street lighting; and WHEREAS, this Coundl by a vote of at least five (5) members elected thereto determines that this ordinance is an emergency measure, and that this ordinance shall take effect at the eadiest date possible as set forbh in AR'I'[CLE ]]~, SECTONS 10 .and 13 office SECOND AMENDED CHARTER OF THE Cl'I'Y OF LAKEVVOOD, and that it is necessary for the immediate preservation of the public property, health and safety, and to provide for the usUal daily operation of municipal departments in that immediate action is necessary to complete these street improvements. Now Therefore, BE 13' ORDAZNED BY THE CITY OF LAKEWOOD, STATE OF OHIO Section 1. That Ordinance No. 45-01, passed September 17, 2001, currently reading as follows: Section 1. That it is hereby determined to proceed with the improvement of Homewood Drive (Clifton Boulevard to Edgewater Drive) by removal of the existing pavement, curbs, and aprons, and replacement with reinforced concrete pavement with new curbs, and aprons, catch basins and tree lawn rePair as set forth in Resolution No. 7544-01 adopted on May 21, 2001 (the "Resolution'~, as amended, equalized and adjusted in the final Report to Coundl of the findings of the Board of Revision of Assessments (the ~Board") heretofore filed with this Coundl and attached hereto and made a part hereof as Exhibit (the ~Report'~. Section 2. That the Report is hereby approved and the assessments, as amended, equalized and adjusted by the Board and set forth in its Report, hereby are accepted and approved. Section 3. That such improvement shall be in accordance with the Resolution, as amended, equalized and adjusted by the Board in its report, and in accordance with the plans, estimates and profiles now on file in the office of the Director of Public Works; and the character of the materials to be bid upon for the construction is shown on the plans and reference is made to said plans and specifica§ons for additional information concerning the character of the materials for such improvements. Section 4. That upon receipt of evidence by the City Engineer prior to commencement of construction to support that the driveway apron of a particular parcel has been replaced by the property owner subsequent to September 17, 1996, the City shall reduce the total assessment on said parcel up to 20% o .the cost of said improvement on the ddveway apron. The .final amount of the credit shall be determined by the Board of Revision of Assessments. Section 5. That the Board has reported to this Coundl that no claim for damages resulting from the improvement have been filed; but if it should be determined that any claims have been filed, .they shall be inquired into before