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PLACED ON 1ST READING ~ REFERRED TO FINANCE
<br />COMHITTEE 6/19/00. PLACED ON 2ND READING 7/3/00.
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<br />Ordinance No. 36-00 By: Corrigan, FitzGerald, George,
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<br /> Roth, Seelie, Skindell, Smith.
<br /> AN EMERGENCY ORDINANCE determining to proceed with the improvement of Niagara Drive
<br />(Riverside Drive to Lakewood Heights Bivd.) and Narragansett Avenue {Riverside Drive to Niagara Drive)
<br />in the City of Lakewood by removal of the existing pavement, curbs, sidewalks and aprons, and
<br />replacement with reinforced concrete pavement with new curbs, sidewalks and aprons, catch basins and
<br />tree lawn repair. Castings will be replaced where necessary.
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<br /> WHEREAS, this Council by two-thirds vote of the members elected thereto determines that this
<br />6rdinance is an emergency measure which is necessary for the immediate preservation of the public
<br />peace, property, health and safely and for further reason that the improvements herein provided are
<br />immediately necessary to eliminate existing hazards to vehicular traffic; now, therefore,
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<br /> BE TI' ORDAZNED BY THE CITY OF LAKEWOOD, STATE OF OHIO
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<br /> Section 1. That it is hereby determined to proceed with the improvement of Niagara Drive
<br />(Riverside Drive to Lakewood Heights Blvd.) and Narragansett Avenue (Riverside Drive to Niagara Drive)
<br />by removal of the existing pavement, curbs, sidewalks and aprons, and replacement with reinforced
<br />concrete pavement with new curbs, sidewalks and aprons, catch basins and tree lawn repair as set forth
<br />in Resolution No. 7471-00 adopted on May 1, 2000 (the "Resolution'd, as amended, equalized and
<br />adjusted in the final Report to Council of the findings of the Board of Revision of Assessments (the
<br />"Board'0 heretofore filed with this Council and attached hereto and made a part hereof as Exhibit "A" (the
<br />"Report").
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<br /> Section 2. That the Report is hereby approved and the assessments, as amended, equalized
<br />and adjusted by the Board and set forth in its Report, hereby are accepted and approved.
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<br /> Section 3. That such improvement shall be in accordance with the Resolution, as amended,
<br />equalized and adjusted by the Board in its report, and in accordance with the plans, estimates and
<br />profiles now on file in the office of the Director of Public Works; and the character of the materials to be
<br />bid upon for the construction is shown on the plans and reference is made to said plans and specifications
<br />for additional information concerning the character of the materials for such improvements.
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<br /> Section 4. That upon receipt of evidence by the City Engineer prior to commencement of
<br />c~nstruction to support that the sidewalk and/or driveway apron of a particular parcel has been replaced
<br />by the property owner subsequent to .luly I, 1995, the City shall reduce the total assessment on said
<br />parcel up to an estimated $5.00 per foot of frontage for the sidewalk and up to an estimated $1.00 per
<br />foot of frontage for the driveway apron. The final amount of the credit shall be determined by the Board
<br />of Revision of Assessments.
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<br /> Section 5. That the Board hasTeported to this Council that no claim for damages resulting
<br />from the improvement have been filed; but if it should be determined that any claims have been filed,
<br />'they shall be inquired into before the commencement of the proposed improvements, and the Director of
<br />Law shall be, and is hereby authorized and directed to institute legal proceedings in a court of competent
<br />jurisdiction to inquire into any claims so filed.
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<br /> Section 6. That the cost of said improvement to be assessed shall be assessed in the
<br />manner and the number of installments provided in the Resolution, and on the lots and lands abutting
<br />and abounding upon said Improvement between and including the termini of the improvement, as
<br />amended, equalized and adjusted by the Board in its report; and the cost of said improvements shall
<br />include the cost of preliminary and other surveys, plans, specifications, profiles, and estimates and of
<br />printing, serving and publishing notices, resolutions and ordinances, the amount thereon, the costs
<br />incurred In connection with the preparaMon, levy and collection of the special assessments, the cost of
<br />purchasing, appropriating and otherwise acquiring therefore any required real estate or interests therein,
<br />expenses of legal services including obtaining an approved legal opinion, cost of labor and material and
<br />interest expense incurred by the City on bonds and notes issued in anticipation of the levy and collection
<br />of the special assessments together with all other necessary expenditures.
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<br /> Section 7. That the list of estimated assessments as heretofore prepared by the Director of
<br />Finance and as amended, equalized and adjusted by the Board in its report be and the same is hereby
<br />approved and the assessments so to be levied shall be paid in ten (10) semiannual installments, with
<br />interest on deferred payments at the same rate as shall be borne by the bonds to be issued in
<br />anticipation of the collection thereof, provided that the owner of any property to be assessed may, at his
<br />option pay such assessment in cash within thirty (30) days of receipt of the City's invoice.
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