118-02 West Forest Rd. Improvement

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Please Substitute for Ordinance No. 13.8-02 (Placed on 3.,t Reading and Referred to the Public Works Committee 6/3/02; Placed on 2"~ Reading 6/:[7/02,) Ordinance No. [[8-02 By: CorriEa~l, DunR., FitzGerald, Georse, Roth, Seelie, SktndelI. AN EMERGENCY ORDINANCE determining to proceed with the improvement of West Forest Road (from Lake Road southerly to a cul-de-sac) in the City of Lakewood by removal of the existing pavement, curbs, sidewalks and aprons, and replacement with relnferced concrete pavement and asphalt overlay, new curbs, sldewalks and aprons, catch basins and' tree lawn repair. Castings will be replaced where necessary. 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 earliest date possible as set forth in AR'I'JCLE I1~, SEC'TONS 3.0 and 13 of the SECOND AMENDED CHARTER OF THE CTi'Y OF LAKEWOOD, and that it is necessary for the . immediate preservation of the public property, health and safety, and to provide for the usual daily operaUon of munidpal departments in that immediate action is necessary to complete these street improvements. Now Therefore, BE IT ORDAINED BY THE crrY OF LAKEWOOD, STATE OF OH'rO Section 1. That it is hereby determined to proceed with the improvement of West Forest Road (from Lake Road southerly to a cul-de-sac) by removal of the existing pavement, curbs, sidewalks and aprons, and replacement with reinforced concrete pavement and asphalt overlay with new curbs, sidewalks and aprons, "catch basins and tree lawn repair as set forth in Resolution No. 7653-02 adopted on 3une 3, 2002 (the "Resolution"), as amended, equalized and adjusted in the final Report to Council of the findings of the Board of Revision of Assessments (the "Board") heretofore filed with this Council and attached hereto and made a part hereof as Exhibit ~A" (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 repo~ 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 specificaUons for addlUonal information concerning the character of the materials for such improvements. Section4. That upon receipt of evidence by the Clty Engiheer pdor to commencement of construction to support that the sidewalk and/or driveway apron of a particular parcel has been replaced by the property owner subsequent to 3anuary :[, 3.997, the City shall reduce the total assessment on said parcel up to 20% of the cost of said improvement on the sidewalk and/or ddve 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 Council that no claim for damages resulUng from the improvement have been filed; but if it should be determined that any claims have been filed, they shall be inquired into before the commencement of the proposed improvements, and the Director of Law shall be, and is hereby authorized and directed to institute legal proceedings in a court of competent jurisdiction to inquire into any claims so filed. Section 6.~ That the cost of said improvement to be assessed shall be assessed in the manner and the number of installments provided in the Resolution, and on the lots and lands abutting and abounding upon said improvement between and including the termini of the