57-16 Winton Place Shoreline Improvements

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First REading & Referred to the Public Works Committee 12/5/16. PLACED ON 2ND READING 12/19/16. ORDINANCENO. 57 -16 BY�Anderson, Bullock, Litten, Marx, Nowlin, O'Leary, O'Malley. AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect at the earliest period allowed by law, determining to proceed with the improvement of the shoreline abutting The Winton Place Con- dominium, 12700 Lake Avenue, by the construction and installation of improvements to protect the northerly property line from erosion by Lake Erie, including repairs and maintenance to the existing revetment system constructed along the water's edge of Lake Erie appurtenant to the Winton Place Condominium. WHEREAS, this Council by a vote of at least five of its members determines that this or- dinance is an emergency measure, that it shall take effect at the earliest date possible as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood, 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 the 2016 construction season is upon us; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. The City shall proceed with the improvement of shoreline protection for The Meridian Condominium, 12550 Lake Avenue, by the construction and installation of improve- ments to protect the northerly property line from erosion by Lake Erie, including repairs and maintenance to the existing revetment system constructed along the water's edge of Lake Erie appurtenant to the Winton Place Condominium, and including all necessary appurtenances there- to, as set forth in Resolution No. 8888 -16, adopted on October 17, 2016, that resolution having been approved by the Board of Revision of Assessments (the "Board ") in its final report previ- ously filed with Council and attached hereto and made a part hereof as Exhibit A (the "Report"). Section 2. The City finds that the described project constitutes a public improvement. Section 3. Except as modified herein, the Report is hereby approved and the assessments approved by the Board and set forth in its Report hereby are accepted and approved. Section 4. Such improvement shall be in accordance with the Resolution as approved by the Board in its Report and in accordance with the plans, estimates and profiles now on file in the office of the Director of Public Works, and the character of the materials to be bid upon for the construction is shown on the plans and reference is made to said plans and specifications for ad- ditional information concerning the character of the materials for such improvements. Section 5. The Board has reported to this Council that no claim for damages resulting from the improvements have been filed, but if it should be determined that any claims have been