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Ordinance No.
<br /> 4~-o~ ~:
<br /> Corrigan, FitzGerald, George, Roth,
<br /> Seelie, Skindell, Smith.
<br /> AN EMERGENCY ORDINANCE determining to proceed with the improvement of
<br />Homewood Drive (Clifton Boulevard to Edgewater DHve) in the City of Lakewood by removal of
<br />the existing pavement, curbs, and aprons, and replacement with reinforced concrete pavement
<br />with new curbs, and aprons, catch basins and tree lawn repair. Castings will be replaced where
<br />necessary.
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<br /> WHEREAS, this Coundl by a vote of at least five (5) members elected thereto
<br /> determines that this ordinance Is an emergency measure, and that this ordinance shall take
<br /> effect at the earliest date possible as set forth in ARTZCLE DZ, SECTON$ :tO and :t3 of the
<br /> SECOND AMENDED CHARTER OF THE cTrY OF LAKEWOOD, and that it is necessary for the
<br /> immediate preservation of the public property, health and safety, and to provide for the usual
<br /> daily operation of municipal departments In that immediate aCdon is necessary to complete
<br /> these street .improvements. Now Therefore,
<br />
<br /> BE Tr ORDAZNED BY THE CTrY OF LAKE'WOOD, STATE OF OHIO
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<br /> Section :t. That it is hereby determined to proceed with the improvement of
<br />Homewood Drive (Clifton Boulevard to Edgewater Drive) by removal of the existing pavement,
<br />curbs, and aprons, and replacement with reinforced concrete pavement with new curbs, and
<br />aprons, catch basins and tree lawn repair as set forth in Resolution No. 7544-0! adopted on
<br />May 21, 200:t (the "Resolution"), as amended, equalized and adjusted in the final Report to
<br />Council of the findings of the Board of Revision of Assessments (the "Board") heretofore filed
<br />with this Council and attached hereto and made a part hereof as Exhibit ~A" Cthe ~Report").
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<br /> Section 2. That the Report is hereby approved and the assessments, as amended,
<br />equalized and adjusted by the Board and set forth in its Report, hereby are accepted and
<br />approved.
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<br /> Section 3. That such improvement shall be in accordance with the Resolution, as
<br />amended, equalized and adjusted by the Board in its report, and in accordance with the plans,
<br />estimates and profiles now on file in the office of the Director of Public Works; and the
<br />character of the materials to be bid upon for the construction is shown on the plans and
<br />reference is made to said plans and specifications for additional information concerning the
<br />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
<br />commencement of construction to support that the ddveway apron of a particular parcel has
<br />been replaced by the property owner subsequent to September 17, :t996, the City shall reduce
<br />the total assessment on said'parcel up to 20% o the cost of said improvement on the driveway
<br />apron. The final amount of the credit shall be determined by the Board of Revision of
<br />Assessments.
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<br /> Section 5. That the Board has reported to this Coundl that no claim for damages
<br />resulting from the improvement have been filed; but if It should be determined that any daims
<br />have been filed, they shall be Inquired into before the commencement of the proposed
<br />improvements, and the Director of Law shall be, and is hereby authorized and directed to
<br />institute legal proceedings in a court of competent jurisdiction to inquire into any claims so
<br />filed.
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<br /> Section 6. That the cost of said improvement to be assessed shall be assessed in
<br />the manner and the number of Installments provided in the Resolution, and on the lots and
<br />lands abutting and abounding upon said improvement between and including the termini of the
<br />improvement, as amended, equalized and adjusted by the Board in its report; and the cost of
<br />said improvements shall include the cost of preliminary and other surveys, plans, specifications,
<br />profiles, and estimates and of printing, .serving and publishing notices, resolutions and
<br />ordinances, the amount thereon, the costs Incurred in connection with the preparation, lew and
<br />collection of the spatial assessments, the cost of purchasing, appropriating and otherwise
<br />acquiring therefore any required real estate or interests therein, expenses of legal services
<br />including obtaining an approved legal opinion, cost of labor and material and interest expense
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