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61-153 Ordinance
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61-153 Ordinance
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2/3/2014 10:11:39 AM
Creation date
1/27/2014 8:08:44 AM
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North Olmsted Legislation
Legislation Number
61-153
Legislation Date
8/15/1961
Year
1961
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Ordinance No. 61 - /.S 3 <br />page 2 <br />lb. Shopping Center - Beginning at Whitethorne Avenue, thence in <br />Trunk Sewer an easterly direction approximately 5la.5+ to <br />an existing manhole in the Shopping Center <br />Sanitary Sewer. <br />17. llewey Road Sewer - Beginning at the north lot line of Lot Nos. <br />11 and 12 of Olmsted Qardens Sub-Division <br />110-15, thence in a northerly direction 7.!}5+ <br />thenb?e in an easterly direction 375',to <br />Porter Road. <br />18. Brookpark Road - Beginning at ~'leharty Road, thence in a west- <br />Trunk Sewer erly direction to Lorain Road. <br />in accordance with resolution No. 61 - 78 passed May 3, 1961, and in accordance <br />with the plans, specifications, estimates and profiles heretofore approved and <br />now on file in the office of the Director of Public Service; and reference is <br />made to said plans and specifications for the character of the materials which <br />may be bid upon for said improvement, and for such purpose are by such reference <br />incorporated herein. <br />Section 2: That all claims for damages resulting therefrom that have been <br />legally filed shall be inquired into after the completion of the proposed improve- <br />ment, and the Solicitor shall be, and he is hereby authorized and directed to in- <br />stitute legal proceedings in acourt of competent ~urisdictipp 'pp inq~zire into any <br />claims that have been so filed. <br />Section 3: That the entire cost of those sewers above designated as items <br />lE, 17 and 18 shall be assumed and paid by the City. That the entire cost of all <br />of the other sewers above described, to xit, items 1 td 15, inclusive, less at <br />least one-fiftieth thereof and the cast of all intersections, shall be assessed <br />in proportion to the benefits which may result therefrom upon all lots and lands <br />bounding and abutting thereon. <br />That the cost cf such improvement shall include the cost of <br />legal services and of obtaining an approving opinion, the expense of preliminary <br />and other surveys, and of printing and publishing the notices, resolutions and <br />ordinances required, the serving of said notices, and the costs of construction, <br />together with interest vn notes and bonds issued in anticipation of the collec- <br />tion of deferred assessments and other necessary expenditures. <br />Section 4: That the assessments so to be levied shall be paid in twenty <br />annual i.nstal7.ments, with interest on deferred payments at the same rate as shall <br />be borne by the bonds to be issued in anticipation of the collection thereof; pro- <br />vided that the owner of any property assessed may, at his option, pay such assess- <br />ment i.n cash within thirty days after passage of the assessing ordinance. <br />Section 5: That bonds of the City shall be issued in anticipation of the <br />collection of assessments by installments and iri an amount equal thereto and notes <br />of said City shall be issued in anticipation of the issue of such bonds and the <br />levy of such assessments. <br />Section 6: That the remainder of the cost of said improvement, after alloca- <br />tion of other City funds available therefor, and after application of the assess- <br />ments herein provided, together with cost of any real estate or interest therein <br />purchased or appropriated, the costs and expenses of arny appropriation proceeding <br />therefor, and damages awarded any owner of ad~oin~ng lands with interest thereon, <br />together with costs and expenses of any such award, shall be paid by the issuance <br />of bonds in the manner provided by law. <br />Section 7: That the Director of Public Service be and he is hereby auth- <br />orized and directed as soon as the funds therefor are available to make and ex- <br />ecute a contract for said improvement with the lowest and best bidder after ad- <br />vertising according to law. <br />Sed'tion 8: This ordinance is hereby declared to be an emergency measure <br />necessary for the im~rnediate preservation of the public peace, health and safety <br />
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