12-13 Proceed with Arthur Ave Lighting Project

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Placed on first reading and referred to the Committee of the Whole May 20, 2013; second reading June 3, 2013. Please substitute for the original. ORDINANCE NO. 12 -13 BY: Anderson, Bullock, Juris, Madigan, Nowlin, Powers, Smith. AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect at the earliest period allowed by law, determining to proceed with the improvement of Arthur Avenue (Detroit Avenue to Hilliard Road) in the City of Lakewood by the installation of decorative lighting fixtures and associated infrastructure including the necessary removal of existing utility poles and overhead wires and associated appurtenances and the installation of underground conduits, lampposts, lighting fix- tures, electrical transmission devices and controls, together with the performance of any neces- sary tree lawn repair, and including all necessary appurtenances thereto. WHEREAS, this Council by a vote of at least five of its members determines that this or- dinance is an emergency measure, that it shall take effect at the earliest date possible as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the City 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 operation of municipal departments in that the 2013 construction season is upon us; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. The City shall proceed with the improvement of Arthur Avenue (Detroit Ave- nue to Hilliard Road) by the installation of decorative lighting fixtures and associated infrastruc- ture including the necessary removal of existing utility poles and overhead wires and associated appurtenances and the installation of underground conduits, lampposts, lighting fixtures, electri- cal transmission devices and controls, together with the performance of any necessary tree lawn repair, and including all necessary appurtenances thereto, as set forth in Resolution No. 8642 -13, adopted on April 4, 2013, that resolution having been approved by the Board of Revision of As- sessments (the "Board ") in its final report previously filed with Council and attached hereto and made a part hereof as Exhibit A (the "Report"). Section 2. Except as modified herein, the Report is hereby approved and the assessments approved by the Board and set forth in its Report hereby are accepted and approved. Section 3. Such improvement shall be in accordance with the Resolution as approved 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 specifications for ad- ditional information concerning the character of the materials for such improvements. Section 4. The Board has reported to this Council that no claim for damages resulting from the improvements have been filed, but if it should be determined that any claims have been