|
O~inance No. 34-01 By: Corrigan, FitzGerald, George, Roth,
<br /> Seelie, Skindell, Smith.
<br />
<br /> AN EMERGENCY ORDINANCE determining to proceed with the improvement of Gold Coast Lane
<br />(from Lake Avenue to North end) in the City of Lakewood by removal of the existing pavement, curbs,
<br />and sidewalks, and replacement with reinforced concrete pavement and new curbs, sidewalks and catch
<br />basins and lawn repair. Castings will be replaced where necessary.
<br />
<br /> WHEREAS, this Council by a vote of at least five (5) members elected thereto determines that
<br />this ordinance is an emergency measure, and that this ordinance shall take effect at the eadiest date
<br />possible as set forth in ART[CLE ]:II, SECTJ:ONS 10 and 13 of the SECOND AMENDED CHARTER OF THE
<br />CITY OF LAKEWOOD, and that it Is necessary for the immediate preservation of the public property,
<br />health and safety, and to provide for the usual daily operation of municipal departments in that the
<br />construction'schedule requires immediate authorization to commence the project.
<br />
<br />BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO
<br />
<br /> Section 1. That it is hereby determined to proceed with the improvement of Gold Coast
<br />Lane (from Lake Avenue to North end) by removal of the existing pavement, curbs, and sidewalks, and
<br />replacement with reinforced concrete pavement with new curbs, sidewalks and catch basins and lawn
<br />repair as set forth In Resolution No. 7543-01 adopted on May 21, 2001 (the "Resolution"), as amended,
<br />equalized and adjusted in the final Report to Council of the findings of the Board of Revision of
<br />Assessments (the ~Board") heretofore filed with this Council and attached hereto and made a part hereof
<br />as Exhibit ~A" (the "Report").
<br />
<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.
<br />
<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.
<br />
<br /> Section 4. That the Board has reported 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 />judsdic'don to inquire into any claims so filed.
<br />
<br /> Section 5. 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 preparation, 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 />expanses 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.
<br />
<br /> Section 6; 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 (~.0) 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.
<br />
<br /> Section 7. That obligations of the City shall be issued, in anticipation of the collection of
<br />special assessments by installments and in an amount equal thereto, for the purpose of providing funds
<br />to pay the cost of this improvement.
<br />
<br /> Section 8. That pursuant to Article XIV, Section 16, of the'Charter of the City, the Director
<br />of Public Works has heretofore certified to this Council that this estimate of the life of the improvement
<br />described in sections 1 and 2 hereof is twenty (20) years.
<br />
<br />
<br />
|