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ORDINANCE NO. 2008-19 INTRODUCED BY: Mayor Rinker and Council as a Whole AN EMERGENCY ORDINANCE LEVYING SPECIAL ASSESSMENTS FOR THE IMPROVEMENT OF HIGHLAND ROAD AND CERTAIN OTHER DESIGNATED STREETS BETWEEN CERTAIN TERMINI BY CONSTRUCTING SANITARY SEWERS, SANITARY SEWER SERVICE CONNECTIONS AND MANHOLES, INSTALLING WHERE NECESSARY, FORCE MAINS AND STORM SEWERS, AND REPLACING, WHERE NECESSARY, PAVEMENT AND DRIVEWAY APRONS, ALTOGETHER WITH THE NECESSARY APPURTENANCES THERETO WHEREAS, this Council adopted Resolution No. 2006-07 on May 8, 2006 (the "Resolution of Necessity"), declaring the necessity of making the improvement ("Improvement") described in Section 1 which Improvement has been completed and the final cost thereof has been determined; and WHEREAS, Council deems it necessary to levy the final special assessments for the Improvement; NOW, THEREFORE, BE IT ORDAINED by the Council of Mayfield Village, Cuyahoga County, Ohio, that: , SECTION 1. The special assessments for the cost and expense of improving Highland Road from SOM Center Road thence westerly approximately 2,150 feet, Metro Park Drive from Zorn Lane thence westerly approximately 1,840 feet, and Zorn Lane from a point approximately 725 feet north of Metro Park Drive thence southerly approximately 1,165 feet by constructing sanitary sewers, sanitary sewer service connections and manholes, installing where necessary, force mains and storm sewers, and replacing, where necessary, pavement and driveway aprons, altogether with the necessary appurtenances thereto, all as provided for and described in, and pursuant to, the Resolution of Necessity, amounting in aggregate to $513,500. which were filed and are on file with the Clerk of Council, are adopted and confirmed. Those special assessments are levied and assessed upon the lots and lands provided for in the Resolution of Necessity in the respective amounts set forth in the schedule of special assessments on file, which special assessments are in proportion to the special benefits and are not in excess of any statutory limitation. SECTION 2. This Council finds and determines that the special assessments do not exceed the actual cost of the Improvement or the limits set forth in the Resolution of Necessity. SECTION 3. The special assessment against each lot or parcel of land shall be payable in cash or by check within 30 days after the passage of this ordinance, or at the option of the owner in twenty (20) annual installments with interest at the same rate of 4.15% per year, which interest rate is determined by this Council to be substantially equivalent to the fair market rate that would have been borne by bonds issued in anticipation of the collection of special assessments if those bonds had been issued by this Village. All cash payments shall be made to the Director of Finance of this Village. All special assessments remaining unpaid at the expiration of those 30 days shall be certified by the Clerk of Council to the County Auditor as provided by law to be placed on the tax duplicate and collected as taxes are collected. SECTION 4. The Clerk of Council shall cause a notice of the passage of this ordinance to be published once in a newspaper of general circulation in this Village and shall keep on file in the office of the Clerk of Council the special assessments.