06-2023 - Special Improvement District Assessment Ordinance

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Baker, Bullock, Kepple, Litten, ORDINANCE NO.06-2023 BY: Marx, Rader, Shachner 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, levying special assessments for acquiring, constructing, installing, equipping, improving, maintaining and repairing improvements necessary' for making improvements to abate erosion along properties within the City included within the Lakewood Shoreline Special Improvement District, together with all necessary appurtenances thereto. WHEREAS, property owners within the City petitioned Council to form a shoreline special improvement district to provide assistance in abating erosion along the shoreline of Lake Erie, and Council approved such petitions and joined in the formation of the Lakewood Shoreline Special Improvement District, Inc. (the "SID"); and WI -AREAS, property owners within the SID have submitted a special assessment improvement petition to this Council in accordance with the Improvement Plan implemented by the SID requesting that erosion abatement improvements proceed on their properties and that the City levy special assessments upon their properties for the costs of those erosion abatement improvements pursuant to Chapters 727 and 1710 of the Revised Code; and WHEREAS, this Council has declared the necessity and determined to proceed with the improvements as petitioned pursuant to its resolution heretofore adopted (the "Resolution of Necessity and Determination to Proceed"); and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the powers of local self-government and 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 ordinance is an emergency measure and that it shall take effect immediately after it is approved by the Mayor, 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 it is urgently necessary to proceed to closing for the assessed properties at the earliest possible date in order to undertake shoreline improvement projects to address shoreline erosion issues posing an imminent threat to those properties; now, therefore, BE IT .ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, CUYAHOGA COUNTY, OHIO, THAT: SECTION 1. The special assessments for the cost and expense of acquiring, constructing, installing, equipping, improving, maintaining and repairing improvements necessary for making improvements to abate erosion, together with all necessary appurtenances thereto (the "Improvements") pursuant to the Resolution of Necessity and Determination to Proceed on file with the Clerk of Council, are adopted and confirmed. Those special assessments are levied and 111057848:2 1