25-16 Shoreline Improvement at Meridian Condo

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Placed on first reading and referred to the Finance Committee 5/2/16, second reading 5/16/16. Recom- mended for adoption as substituted and deferred 6/6/16. Please substitute for the original. ORDINANCE NO. 25 -16 BY: Anderson, Bullock, Litten, Marx, Nowlin, O'Leary, O'Malley. 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 the shoreline abutting The Meridian Condomin- ium, 12550 Lake Avenue, by the construction and installation of a revetment on the northerly property line by Lake Erie and including any and all 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 2016 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 shoreline protection for The Meridian Condominium, 12550 Lake Avenue, by the construction and installation of a revetment on the northerly property line by Lake Erie, and including all necessary appurtenances thereto, as set forth in Resolution No. 8861 -16, adopted on March 7, 2016, that resolution having been ap- proved by the Board of Revision of Assessments (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. The City finds that the described project constitutes a public improvement. Section 3. 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 4. 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 5. 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 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.