Resolution 2014-24

AN EMERGENCY RESOLUTION
DECLARING THE NECESSITY FOR PROVIDING
FOR THE PAYMENT OF STREET LIGHTING
AND THE IMPROVEMENT OR INSTALLATION OF ADDITIONAL LIGHTING
BY SPECIAL ASSESSMENT OF ALL PARCELS BENEFITED,
DETERMINING TO PROCEED WITH THE ASSESSMENT
AND LEVYING THE ASSESSMENT FOR SAID PURPOSE.

BE IT RESOLVED BY THE COUNCIL OF MAYFIELD VILLAGE, OHIO, THAT:

SECTION 1. It is hereby deemed to be necessary to provide for the payment of electric power for street lighting by special assessment of all parcels benefited, excluding all tax exempt parcels within this Municipality, for the Calendar years 2014 and 2015.

SECTION 2. No expenditures shall be made nor any portion of this special assessment used to improve or install additional lighting facilities except to the extent that funds are available after provisions for or payment of all costs of electric power.

SECTION 3. The Finance Director of Mayfield Village has prepared an estimated assessment of the costs of electric power to provide street lighting and has filed said estimated costs with the office of the Clerk of this Council, showing thereon the amount of the assessment against each lot or parcel of land to be assessed. Said estimated assessment shall be available for public inspection and is attached hereto and made a part of this Resolution as Exhibit “A”.

SECTION 4. The Clerk of this Council is authorized and directed in accordance with Section 727.14 and 727.26 of the Ohio Revised Code to cause notice of the passage of this Resolution and of the filing of said estimated assessment to be published in a newspaper of general circulation in the Municipality for  two  (2) consecutive weeks except that where such estimated assessments reflect the assessment against the owner of any lot or parcel  of land will exceed Two Hundred Fifty Dollars ($250.00) then, in that instance, the owner of such lot or parcel shall have the notice of the passage of this Resolution and of the filing of the estimated assessments served upon him in accordance with Section 727.13 of the Ohio Revised Code. 

SECTION 5.  The estimated costs of the assessment on file with the office of the Clerk of this Council are hereby approved.

SECTION 6. Said assessment shall be paid in two (2) equal annual installments, shall be certified to the County auditor and placed upon the Tax duplicate according to law, and shall be collected as other taxes.

SECTION 7.  No notes shall be issued in anticipation of the collection of said special assessment.

SECTION 8. It is so determined by this Council, to proceed with the assessment of the costs and expense of street lighting in the Village upon the lands described in Exhibit “A”, for a period of two (2) consecutive years, beginning with the 2014 duplicate for collection in the years 2015 and 2016.

SECTION 9. The total assessment against each lot and parcel of land shall be levied in two (2) equal installments, shall be certified to the County Fiscal Officer and placed upon the tax duplicate according to law, and shall be collected as other taxes, provided, however, that a property owner shall have the option of paying the assessment in cash within thirty (30) days from the adoption of this Resolution, or in two (2) annual equal installments.

SECTION 10. The Clerk of Council is hereby directed to cause notice of the levy of the assessments herein provided for to be filed with the Cuyahoga County Fiscal Officer.

SECTION 11. The Council finds and determines that all formal actions of the Council relating to the adoption of this Resolution have been taken at open meetings of this Council; and that deliberations of this Council and of its committees, resulting in such formal action, took place in meetings open to the public in compliance with all statutory requirements including the requirements of Section 121.22 of the Ohio Revised Code.

SECTION 12. This Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the health, safety and welfare of the residents of Mayfield Village for the reason that such plan was necessary to encourage orderly development in Mayfield Village and being that the assessment must be filed with the Cuyahoga County Fiscal Officer on a timely basis if it is to be added to the 2014 tax duplicate. It shall, therefore, take effect immediately upon passage by the affirmative vote of not less than five (5) members elected to Council and approval by the Mayor or otherwise at the earliest time allowable by law.

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