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ORDINANCE NO. 2~-67 BY: Messrs. Kelley, Usher, Ward, Wendling, Cain, Gaydos, Huffm~ AN E~GENCY ORDINANCE determining to proceed with the improvement of Norton Avenue in the City of Lakewood, Ohio, by the necessary grading of the base, resurfacing with asphaltic concrete including the necessary replace- ment and resetting of castings and resetting and replacing of ~zrbs together with necessary appurtenances thereto. WHEREAS, this Council by two-thirds vote of the members elected thereto determines that this ordinance is an emergency measure which is necessary for the ~mediate preservation of the public peace, property, health a~d safety and for the further reason that the improvements herein provided are immediately necessary to el~m~uate existing hazards to vehicular traffic using the streets of this City; NOW, THEREFORE, BE IT ORDAINED by the City of Lakewood, Cuyahog~ County, State of Ohio, three-fourths of all members elected thereto concurring: Section 1. That it is hereby determined to proceed with the improve- ment of Norton Avenue from Webb Read to Grang1~ Avenue. Seetion 2. Such improvement shall be made by the necessary grading of the base, resurfacing with asphaltic concrete including the necessary replace~ ment and resetting of castings and resetting and replacing of curbs together with the necessary appurtenances thereto and in accordance with B~olution No. 4550 passed on the 20th d~y of February, 1967, and in acco~dance with the plans, specific~tions, estimates ~nd profiles heretofore approved and now on file in the office of the Director of Public Works; the character of the materials to be bid upon for the resurfaciug is asphaltic concrete and for the curbs is stone or concrete as shown on the pl~.~s, and reference is made to said plans and speeifi~tion~ ~o~ ~d~litional information concerning the character of the m~terials for such improvement. Section B. That the Board of Revision of Assessments has reported to this Council that no claims for damages resulting from the improvement have been filed; but if it should be determined that ~ny claims have been filed, they sh~ll be inquired into before the commencement of the proposed improvement, and the Director of law shall be, and he is hereby authorized and directed to institute legal proceedings in a court of competent Jurisdiction to inquire into any cl~m~ so filed. Section 4. That not more than ~O% of the whole cost of said improve- ment sh~ll be assessed by the benefits upon the following described lots and lands, to wit: All lots and lands bounding and abutting upon the proposed improve- ment between the termini afores~id~ which said lots and lands are hereby determined to be specially benefited by said improvement; and the cost of said improvement shall include the cost of preliminary and other surveys~ plans, specifications, profiles and estim~tes and of printing, serving and publishing notices~ resolutions and ordinances, the amount of damages resulting from the improvement assessed in favor of any owner of land affected by the improve- ment and the interest thereon, the costs incurred in connection with the pre- p~tion, levy and collection of the special assessments, the cost of purchasing,