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RESOLUTION OF NECESSITY FOR THE CONSTRUCTION OF THE WEST GAHANNA SANITARY SEWER IMPROVEMENTS, PHASE I AND II, IMPROVEMENTS NO. SA-937 AND SA-944; AND TO DECLARE AN EMERGENCY.
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WHEREAS, the City Engineer, on May 6, 2010, filed with the Clerk of Council plans, specifications, profiles and a cost estimate for the construction of the West Gahanna Sanitary Sewer Improvements, Phase I & Phase II, said filing in accordance with Section 727.12 of the Ohio Revised Code and pursuant to Council Ordinance Numbers ORD-0167-2008 and ORD-0168-2008; and
WHEREAS, the construction of this sanitary sewer is mandated immediately for the preservation of the public peace, property, health, safety and welfare;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GAHANNA, STATE OF OHIO:
Section 1. It is hereby determined to be necessary to construct the West Gahanna Sanitary Sewer Improvements, Phase 1 and 2, Improvements No. SA-937 and SA-944, as shown on plans on file with the Clerk of Council and in the office of the City Engineer.
Section 2. It is hereby determined and declared that this improvement is conducive to the public health, convenience and welfare of the City and inhabitants thereof.
Section 3. The plan of the improvement after the improvement has been completed shall be as shown on the Engineer's plans, which are on file in the office of the Clerk of Council and available for public inspection, and are incorporated herein by reference and made a part thereof.
Section 4. The properties being assessed shall pay the statutory front footage fee of $30.00 per front foot of property, in accordance with Section 921.05 of the Gahanna Codified Ordinances, the Sewage System Capacity Charge in accordance with Section 921.04 of the Gahanna Codified Ordinances, one inspection, and an interest charge of 3.25%. If property is not already connected to the City water system, the property owner will need to purchase a meter and transmitter, which will not be a part of the assessment. The City of Gahanna shall be responsible for the remainder of the costs. The cost of said improvement shall include the cost of preliminary and other surveys, plans, specifications, construction, profiles and estimates and of printing, serving and publishing notices, resolutions and ordinances, the amount of damages resulting from the improvement, the costs incurred in connection with the preparation, levy and collection of the special assessments, the cost of purchasing, appropriating, and other wise acquiring therefore any required real estate or interests therein, expenses of legal services including obtaining an approving legal opinion, and collection of the special assessments together with all other necessary expenditures.
Section 5. The Engineers are hereby authorized and directed to prepare and file in the office of the Clerk of Council the estimated assessments of the cost of the Improvement. Such estimated assessments shall be based upon the statutory front footage fee of $30.00 per front foot of the property in accordance with Section 921.05 of the Gahanna Codified Ordinances, the Sewage System Capacity Charge in accordance with Section 921.04 of the Gahanna Codified Ordinances, the cost of one inspection, and an interest charge of 3.25%. When such estimated assessments have been so filed, the Clerk shall cause notice of the adoption of this resolution and the filing of said estimated assessments to be served on its owner of all lots and lands to be assessed as provided in Revised Code Section 727.13.
Section 6. That there be a credit against the total assessment for those properties assessed in 1961 for a trunk sewer and that said credit shall be shown on the estimated assessment provided to the Clerk of Council by the City Engineer.
Section 7. The assessment to be levied shall be paid in twenty (20) annual installments; provided, however, that the owner of any property assessed may, at his option, pay such assessment in cash within thirty (30) days after passage of the assessing ordinance.
Section 8. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements including Ohio Revised Code Section 121.22.
Section 9. That for the reasons set forth in the preamble herein above, this statutory resolution is declared emergency legislation and shall be in full force and effect immediately upon passage by this Council and on date of signature approval by the Mayor.