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Ordinance No. 35-01 By: Corrigan, FitzGerald, George, Skindell
<br /> Seelie, Smith, Roth,
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<br /> AN EMERGENCY ORDINANCE determining to proceed with the improvement Forest Road (from
<br />Lake Avenue to South End) in the City of Lakewood by removal of the existing pavement, curbs,
<br />sidewalks and aprons, and replacement with reinforced concrete pavement and asphalt overlay, new
<br />curbs, sidewalks and aprons, catch basins and tree lawn repair. Castings will be replaced where
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<br /> WHEREAS, this Coundl 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 ARTICLE [1"/, SECT/ONS 10 and :1.3 of the SECOND AMENDED CHARTER OF THE
<br />CZTY 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 munidpal departments in that the
<br />construction schedule requires immediate authorization to commence the project.
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<br />BE TI' ORDAINED BY THE C1TY OF LAKEWOOD, STATE OF OHIO
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<br /> Section 1. That it is hereby cl. etermined to proceed with the improvement of Forest Road
<br />(from Lake Avenue to South End) by removal of the existing pavement, curbs, sidewalks and aprons, and
<br />replacement with reinforced concrete pavement and asphalt overlay with new curbs, sidewalks and
<br />aprons, catch basins and tree lawn repair as set forth in Resolution No. 7545-01 adopted on May 21, 2001
<br />(the "Resolution"), as amended, equalized and adjusted in the final Report to Council of the findings, of
<br />the Board of Revision of Assessments (the "Board") heretofore filed with this Coundl and attached hereto
<br />and made a part hereof as Exhibit"A" (the "Report'S.
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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 />bld 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 />construction to support that the sidewalk and/or driveway apron of a particular parcel has been replaced
<br />by the property owner subsequent to 3uly 1, 1996, the City shall reduce the total assessment on said
<br />parcel up to 20% of the cost of said improvement on the sidewalk and/or drive apron. The final amount
<br />of the credit shall be determined by the Board of Revision of Assessments.
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<br /> Section 5. That the Board has reported to this Coundl that no claim for damages resulting
<br />from the improvement have been filed; butif 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 preparation, lew and collection of the special assessments, the cost of
<br />purchasing, appropflating 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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