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Lincoln Heights approves engineering for Simmons Avenue but emergency clause fails, risking grant timetable

February 27, 2024 | Lincoln Heights Village, Hamilton County, Ohio


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Lincoln Heights approves engineering for Simmons Avenue but emergency clause fails, risking grant timetable
The Village of Lincoln Heights council voted on Feb. 26 to accept a proposal from the Klinger's Group for engineering services on the Simmons Avenue improvement project, but members failed to approve an emergency clause that would have allowed work to start immediately.

The resolution (2024-R-14) was read by title and advanced after a motion to suspend rules and pass. On the final passage roll call the council recorded four aye votes, one nay and one abstention; the resolution passed authorizing the interim manager to execute the engineering proposal.

Interim Village Manager Michael Lemon told council he had requested an emergency clause because construction must begin by June or July to avoid jeopardizing the grant that funds the project. When council voted on the emergency clause the motion received four aye votes, one nay and one abstention and did not meet the threshold needed to make the measure effective immediately. Solicitor Deepak Desai noted that, absent an emergency clause, ordinances take effect 30 days after passage under the village charter (section 2.11(d)).

Councilmember Laverne Mitchell asked how a 30-day wait would affect the timeline; Lemon replied that delaying the start could put the grant at risk because of the summer construction window and the grantor’s schedule.

Because the emergency clause failed, staff said they must wait 30 days before the ordinance becomes effective and construction can begin, potentially affecting scheduling tied to external grant requirements. The council did not identify a contingency other than urging staff to continue preparatory work within the limits set by the charter.

Votes at a glance: resolution 2024-R-14 — passed (4 aye, 1 nay, 1 abstention, 1 absent); emergency clause — failed (4 aye, 1 nay, 1 abstention, 1 absent).

The mayor said staff will proceed with required administrative steps and that the council will monitor timelines; no specific new deadline was set at the meeting.

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