119-02 Indianola Dr. Improvement

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Please Substitute for Ordinance No. 119-02 (Placed on 1st Reading and Referred to the Public Works Committee 6/3/02; Placed on 2nd Reading 6/17/02.) Ordinance No. 119-02 By: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, SkJ. ndell. AN EMERGENCY ORDINANCE determining to proceed with the improvement of Indianola Drive (Hilliard to Riverside) and Overbrook Avenue (Riverway to Indianola) in the City of Lakewood by removal of the existing pavement, curbs, sidewalks and aprons, and replacement with reinforced concrete pavement, new curbs, sidewalks 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'I3CLE 11I, SECTONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CTTY 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 municipal departments in that immediate action is necessary to complete these street improvements. Now Therefore, BE 1T ORDAINED BY THE CITY OF LAKE'WOOD, STATE OF OHIO Section 1. That it is hereby determined to proceed with the improvement of Indianola Drive (Hilliard to Riverside) and Overbrook Avenue (Riverway to Indianola) by removal of the existing pavement, curbs, sidewalks and aprons, and replacement with reinforced concrete pavement with new curbs, sidewalks and aprons, catch basins and tree lawn repair as set forth in Resolution No. 4652-02 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 Coundl 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 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 spedfications for addiUonal information concerning the character of the materials for such improvements. Section4. That upon receipt of evidence by the City Engineer prior 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 January 1, 1997, the City shall reduce the total assessment on said parcel up to 20% of the cost of said improvement on the sidewalk and/or drive 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 daim 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 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 abutlJng and abounding upon said improvement between and including the termini of the improvement, as amended, equalized and adjusted by the Board in its report; and the cost of said improvements shall include the cost of preliminary and other surveys, plans, specifications,