20-18 Enact Chapter 141 Special Assessments to Reflect 3rd Amended Charter

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Referred to Rules & Ordinances 3/5/18; Second reading 3/19/18; Recommended for adoption by Rules & Ordinances 6/4/18 Anderson, Bullock, George, Litten ORDINANCE NO. 20 -18 BY: O'Leary, O'Malley, Rader AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect at the earliest period allowed by law, enacting Chapter 141, Special Assessments, of the Codified Ordinances of the City of Lakewood in order to codify certain provisions with respect to the special assessment process for public improvements. WHEREAS, on November 7, 2017, the citizens of Lakewood adopted the proposed Third Amended Charter of the City of Lakewood; and WHEREAS, the Third Amended Charter, at Section 5.8, Assessments, requires that Council establish "regulations sufficient to require preliminary legislation declaring the im- provements necessary; to ensure the affected owners receive notice of the proposed assessment, an opportunity to examine plans for the improvement, and the ability to be heard in at least one public forum before the assessment is authorized by council; to divide assessed costs equitably among the city and affected property owners; to provide for repayment over an appropriate peri- od of time; and to establish an opportunity for owners to make damage claims arising from the improvements and have those claims heard" before any special assessment may be made upon property owners affected by public improvements; and WHEREAS, this Council has determined that these special assessment provisions shall be established in the Code as a matter of local self - government; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power of local self - government; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this ordi- nance is an emergency measure and that it shall take effect immediately, 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 new charter became effective upon the official certification of the November 7, 2017 election in the city; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: