8498-11 Install Special Energy project for NEOAED

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PLACED ON 1ST READING & REFERRED TO THE PUBLLIC WORKS COMMITTEE 6/6/11.. SECOND READING 6/20/11. RESOLUTION N0. 8498-11 his BY: Anderson, Bullock, Juris, Madigan, Nowlin, Powers, Smith. A resolution declaring it necessary 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, Pursuant to Resolution No. 8434-10 passed July 19 , 2010, this Council has authorized the execution and delivery of a petition ("Petition") and approved the Petition, articles of incorporation, and initial plan (`Plan") of the City of Bedford, City Bedford Heights, City of Berea, City of Brooklyn, City of Brook Park, City of Cleveland, City of Cleveland Heights, City of Euclid, City of Fairview Park, City of Garfield Heights, City of Lakewood, City of Parma, City of South Euclid, City of University Heights, City of Warrensville Heights Advanced Energy Special Improvement District.("Advanced Energy District"). The Advanced Energy District was approved by the Ohio Secretary of State and incorporated on December 28, 2010. WHEREAS, The Petition, signed by the each of the participating political subdivisions in the Advanced Energy District as owners (individually or collectively as appropriate "Owner" or "Owners") of one hundred percent of the area to be specially assessed for special energy improvement projects developed within the Advanced Energy District, requests that this Council levy special assessments against the benefited City owned property included in the Advanced Energy District to pay costs of implementing the Plan and in particular costs of a special energy improvement project as defined in Chapter 1710.01 of the Ohio Revised Code to be acquired, installed and equipped by the Owner on City-owned land in the Advanced Energy District pursuant to its authority under Section 701..05 and Chapter 727 of the Revised Code; NOW, THEREFORE, Be it resolved by the Council of the City of: Lakewood SECTION 1: It is declared necessary to pay costs of the Plan and improve City-owned property 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. SECTION 2: The plans, specifications, profiles and estimate of cost of the special energy improvement project submitted by the Director of Planning and Development and now on file in the office of the Clerk of Council, are approved. The special energy improvement project shall be made in accordance with such plans, specifications and profiles. SECTION 3: This Council finds and determines that (i) the Plan previously approved by this Council and the special energy improvement project are conducive to the public health, convenience and welfare of this City and the inhabitants thereof and further enhances and improves the environment; (ii) the lot and lands to be assessed as described in Section 4 hereof are specially benefited by the Plan and the special energy improvement project; and (iii) the Plan 4525706v1