2023-14 - SID Reso of Necessity - Laserfiche WebLink

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Baker, Bullock, Kepple, ' Litten, RESOLUTION NO. 2023-14 BY: Marx, Rader, Shachner A RESOLUTION 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, declaring it necessary and determining to proceed with 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, Inc., together with all necessary appurtenances thereto, and declaring an emergency. 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 WHEREAS, owners of property 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 property and that the City levy special assessments upon their property for the costs of those erosion abatement improvements pursuant to Chapters 727 and 1710 of the Revised Code; 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 resolution 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 RESOLVED BY TIE COUNCIL OF THE CITY OF LAKEWOOD, CUYAHOGA COUNTY, OHIO, THAT: SECTION 1. It is hereby declared necessary to improve in the City of Lakewood the property listed on Attachment A hereto and incorporated by reference hereby (collectively, the "Assessment Properties") by acquiring, constructing, installing, equipping, improving, maintaining and repairing improvements necessary for making improvements to abate erosion, together with all necessary appurtenances thereto (the "Improvements"). It is hereby further determined to proceed with the Improvements as described herein. SECTION 2. The plans, specifications and profiles of the Improvements and the estimates. of cost of the Improvements as set forth in the Improvement Petition filed by the owner of the Assessment Properties to be improved and assessed and now on file in the office of the Clerk of this 111057861: 1