29-11 Pay cost of special energy project for NEOAED

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PLACED ON 1ST READING & REFERRED TO THE PUBLIC RK~ COMMITTEE 6/6/11. SECOND READING 6/20/11. ORDINANCE N0. 29-11 pj~, BY: Anderson, Bullock, Juris, Madigan, Nowlin, Powers, Smith. An ordinance determining to proceed 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 (the 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 Julv 19 2010 in order to improve City-owned property in 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 (the "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"); NOW, THEREFORE, Be it ordained by the Council of the City of Lakewood SECTION L It is determined to proceed to pay costs of the Plan approved by this City Council in the creation of the Advanced Energy District and to acquire, install and construct on City-owned property in the Advanced Energy District, the Improvements. SECTION 2. The Improvements shall be made in accordance with the provisions of the Resolution of Necessity and the Petition, and with the plans, specifications, profiles and estimate of cost previously approved and now on file in the office of the Clerk of Council. SECTION 3. All claims for damages resulting from the Improvements that have been legally filed shall be inquired into after completion of the Improvements, and the Director of Law is authorized and directed to institute legal proceedings in a court of competent jurisdiction to inquire into. those claims: SECTION 4. The portion of the cost of the Improvements to be assessed in accordance with the Resolution of Necessity and the Petition shall be assessed in the manner and pursuant to the payment schedule set forth, and on the lot and lands described, in that Resolution. SECTION 5. The estimated special assessments previously prepared and filed in the office of the Clerk of Council are adopted. SECTION 6. The Clerk of Council shall deliver a certified copy of this ordinance to the County Auditor within 15 days after its passage. SECTION 7. This Council finds and determines that all formal actions of this Council and any of its committees concerning and relating to the passage of this ordinance were taken, and 4525'707v1