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ORDINANCE NO. By3 Messrs. Wendling, Gaydos, Graber, Gaydos, Huffman, Kellel Usher, Ward AN Z~.'~RGENCY ORDINANCE determining to proceed with the im~rovement of Lakewood Avenue in the City of La.kewood, Ohio~ by the necessary grading of the base, resurfacing with asphaltic concrete including placement and resetting of castings ~md the necessary resetting and replacing of curbs together with necessary ~opurtenances 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 immediate preservation of the public peace~ property~ health and safety and for the further reason that the improvements herein provided are immediately necessary to eliminate existing hazards to vehicular traffic using the streets of this City~ NOW~ THEREFORE, BE IT ORDAINED by the City of Lakewood, Cuyahoga County, State of Ohio, three-forths of all members elected thereto concurring: Section 1.. That it is hereby determined to proceed with the improvement of Lsd~ewood Avenue from Detroit Avenue to Norwalk & Western R. Section 2.~ Such improvement shall be made by the necessary grading of the base, resurfacing with asphaltic concrete including the necessary replacement end resetting of castings and the necessary resetting snd re- placing of curbs together with necessary af~purten~nces thereto and in accord- ance with Resolution No. ~622 passed on the 18th day of March~ 1968, s,nd in accordance with the plans, specifications, estimates e, 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 resurfacing is asphaltic concrete and for the curbs is stone or concrete as shown on the plans, reference is made to said plans and specifications for additional information concerning the character of the materials for such improvement. Section 3, That the Board of Revision of Assessments has reported to this Council theft no claims for damages resulting from the improvement have been filedg but if it should be determined thmt any claims have been filed, they shall be inquired into before the co~muencement of tho 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 juris- diction to inquire into any claims so filed. Section 4, That not more than 50% of the whole cost of said im- provement shall be assessed bythe 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 aforesaid, which said lots and l~ds 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, pl~s, specifications~ profiles and estimsAes and of printing, serving and publishing notices, resolutions amd ordinances, the mnount of damages resulting from the improvement assessed in favor of any owner of land affected by the improvement mud the interest thereon, the costs incurred in connection with the preparation~ levy and collection of the special assessments~ the cost of purchasing, appropriating, and otherwise acqDiring therefor any required real