Share to Facebook Share to Twitter Bookmark and Share
File #: O-521-18    Version: 1 Name:
Type: Ordinance Status: Mayor's Office
File created: 11/19/2018 In control: Finance Department
On agenda: 12/4/2018 Final action: 12/4/2018
Title: Declaring the necessity of controlling the blight and disease of shade trees within public rights of way, and for planting, maintaining, trimming and removing shade trees in and along the streets of the City; providing for the assessment of the cost of those services; and declaring an emergency.

Label

FIN PROVIDING 2019 TREE MAINT

Taxation and Treasury

R. Martinez (x1653)

Revised

 

Title

Declaring the necessity of controlling the blight and disease of shade trees within public rights of way, and for planting, maintaining, trimming and removing shade trees in and along the streets of the City; providing for the assessment of the cost of those services; and declaring an emergency.

 

Body

SUMMARY & BACKGROUND:

This is the annual ordinance declaring the necessity of controlling blight and disease of shade trees, and planting, maintaining, and removing shade trees in and along City streets. This ordinance also provides for the assessment of the costs of that program. The total estimated program cost for the year 2018 was $5,580,864. The estimated 2019 cost is $4,728,954.

 

Summary

NOW, THEREFORE, Be it ordained by the Council of the City of Toledo:

 

                     SECTION 1. That it is declared necessary to control the blight and disease of shade trees within public rights-of-way and provide for planting, maintaining, trimming and removing shade trees in and along the streets of the City during the year 2019 in the Toledo Forestry District established in Section 907.02 of the Toledo Municipal Code.  The services to be provided by the City for that control, planting, maintenance, trimming and removal in 2019 are referred to collectively in this ordinance as the "Services".

 

                     SECTION 2. That the plans, specifications, estimate of cost and schedules for the Services, prepared by the Director of Public Service and on file and available for public inspection in his office, are approved. The Services shall be provided in accordance with those plans, specifications and schedules, and the grade of each of the streets, and public ways serviced and of the Services shall be the existing grade. The Director of Public Service is authorized to purchase or rent the necessary tools, machinery and appliances and to purchase the necessary materials and employ the necessary labor to carry out the provision of the Services in accordance with the plans, specifications and schedules.

 

                     SECTION 3. That this Council finds and determines that (i) the Services are conducive to the public health, convenience and welfare of the City and the inhabitants of the City and (ii) the lots and lands to be assessed for the Services as described in Section 4 of this Ordinance are specially benefited by the Services.

 

                     SECTION 4. That the entire cost of the Services presently estimated at Four Million Seven Hundred Twenty-eight Thousand Nine Hundred Fifty-four and 00/100 Dollars ($4,728,954) shall be assessed in proportion to the benefits derived from the Services upon all lots and lands bounding and abutting upon each of the streets and public ways within the 2019 Toledo Forestry District, after the provision of the Services has been completed.

 

                     SECTION 5. That the cost of the Services shall include the cost of preliminary and other surveys, plans, specifications, profiles, estimates and schedules and of printing, serving and publishing notices and ordinances, the costs incurred in connection with the preparation, levy and collection of the special assessments, expenses of legal services including obtaining legal opinions, cost of labor and material, and interest on bonds and notes issued in anticipation of the levy and collection of the special assessments, together with all other necessary expenditures.

 

                     SECTION 6. That the Commissioner of Treasury is authorized to prepare and file in the office of the Clerk of Council the estimated special assessments of the cost of the Services. Those estimated special assessments shall be based upon the esti-mate of cost of the Services now on file in the office of the Director of Public Service and shall be prepared pursuant to the provisions of this Ordinance. When the estimated special assessments have been so filed, the Clerk of Council shall cause notice of the passage of this Ordinance and the filing of the estimated special assessments to be given by publishing a notice in a newspaper of general circulation in the City once a week.

 

                     SECTION 7. That the special assessments so levied shall be paid in one annual installment (two semi-annual installments), with interest on the unpaid principal amount of each special assessment at the same effective rate as shall be borne by the bonds or notes to be issued in anticipation of the collection of the total of the unpaid assessments; provided that the owner of any property assessed may pay the special assessment in cash within 30 days after the passage of the assessing ordinance.

 

                     SECTION 8. That to provide a fund out of which shall be paid the entire cost of the Services, bonds or notes of the City shall be issued and sold as needed in anticipation of the levy and collection of the special assessments.

 

                     SECTION 9. That the Clerk of Council shall deliver a certified copy of this Ordinance to the County Auditor within 15 days after its passage.

 

                     SECTION 10. That this Council finds and determines that all formal actions of this Council and any of its committees concerning and relating to the passage of this Ordinance were taken, and all deliberations of this Council and any of its committees that resulted in those formal actions were held, in meetings open to the public, in compliance with the law.

 

                     SECTION 11. This Ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and property of the City, and for the further reason it must be immediately effective to authorize preparation of the program to combat blight and disease of shade trees to be implemented at the beginning of the growing season; wherefore, this Ordinance shall be in force and effect from and immediately upon its passage, or at the earliest time permitted by law.

 

 

 

 

 

 

 

 

 

 

 

Vote on emergency clause:  yeas _____, nays _____.

 

Passed:  _________________, as an emergency measure:  yeas _____, nays _____.

 

 

Attest:  ________________________                      __________________________________

                                          Clerk of Council                                                                    President of Council

 

                     

Approved:  _____________________              __________________________________

                                                                                                                                                                                            Mayor

 

 

                     I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.

 

 

Attest:  ________________________

                    Clerk of Council