Ordinance 2015-30

AN EMERGENCY ORDINANCE
LEVYING SPECIAL ASSESSMENTS
FOR THE IMPROVEMENT OF EASTGATE DRIVE
AND MEADOWOOD DRIVE 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. 2014-16 on June 16, 2014 (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 Eastgate Drive from Meadowood Drive thence westerly approximately 1,637 feet and Meadowood Drive from Thornapple Road thence easterly approximately 2,360 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 $417,600 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 3% 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.

SECTION 5.   The Clerk of Council shall deliver a certified copy of this ordinance to the County Auditor within 20 days after its passage.

SECTION 6.  The Council finds and determines that all formal actions of this Council relating to the adoption of this Ordinance 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 7. This Ordinance is hereby declared to be an emergency measure immediately necessary for the health, safety and welfare of the residents of Mayfield Village, Ohio and for the further reason that the levy of the special assessments may be immediately effective so that any such assessments may be timely paid and any such special assessments may be timely certified to the County Auditor for timely collection in order to allow the Village to make timely payments under the OWDA agreement and thereby preserve its credit. It shall, therefore, take effect immediately upon the 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 allowed by law.