28-11 Levy special assessment for special project for NEOAED

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PLACED ON 1ST READING & REFERRED TO THE PUBLICS1'F COMMITTEE 6/6/11. SECOND READING $/20/11:. ORDINANCE N0. 28-11 ~~ BY: Anderson, Bullock, Juris, Madigan, Nowlin, Powers, Smith. An ordinance levying a special assessment to pay costs of an initial plan approved by the City in order to improve City-owned property in the Northeast Ohio Advanced Energy District by the acquisition, installation and equipping of a special energy improvement project, together with necessary appurtenances and work incidental thereto, and declaring an emergency. WHEREAS, This Council has previously adopted on this date a resolution "Resolution of Necessity") declaring the necessity of paying costs of an initial plan ("Plan") which was approved by City Council in Resolution No. 8434-10 .passed July. 19 2010 in order to form the Northeast Ohio Advanced Energy District ("Advanced Energy District") and to acquire, install and construct on City-owned property in the Advanced Energy District the special energy improvement project described in Section 1 ("Improvements"), pursuant to Section 701.05 and Chapter 727 of the Revised Code and a petition of the owners of 100% of the area to be assessed ("Petition"), and, in accordance with the Petition and the Resolution of Necessity and an. ordinance previously passed on this date ("Ordinance to Proceed"), has determined to proceed with the Improvements and the levying of special assessments therefore prior to the commencement of the Improvements; NOW, THEREFORE, Be it ordained by the Council of the City of Lakewood SECTION 1. The special assessments to pay costs of the Plan and improve City- ownedproperty in the Advanced Energy District by the acquisition, installation and equipping of a special energy improvement project, together with necessary appurtenances and work incidental thereto, pursuant to the Resolution of Necessity, amounting in the aggregate to $ 50 ,which were filed and are on file in the office of the Clerk of Council, are adopted and confirmed. Those special assessments are levied and assessed upon the lot and lands provided for in the Resolution of Necessity in the respective amounts set forth in the schedule of assessments on file, which special assessments are in proportion to the special benefits and are not in excess of any statutory limitation. SECTION 2. The special assessment against each lot or parcel of land shall be payable in cash or by check within 30 days after the passage of this ordinance or, at the option of the owner, over a period of twenty-five years in fifty semi-annual installments and with no interest payable as there will be no securities issued in anticipation of the special assessments. All cash payments shall be made to the Treasurer of this City. All special assessments remaining unpaid at the expiration of those 30 days shall be certified by the Clerk of Council to the County Auditor as provided by law to be placed on the tax. duplicate and, in accordance with the Petition and the Resolution of Necessity shall be first certified for collection by the Clerk of Council in 2035 for collecfion in 2036. SECTION 3. The Clerk of Council shall cause a notice of the passage of this ordinance to be published once in a newspaper of general circulation in this City and shall keep on file in the office of the Clerk of Council the special assessments. 4525708v1