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ORDINANCE NO. 35-68 BY: Messrs. Usher, Ward, Weudling, Gaydos, Graber, Huffmam, Kelley AN EMERGENCY ORDINANCE determining 'bo proceed with the im~rovement of Mars Avenue in the City of Lakewood, Ohio, by the necessary grading of the base, resurfacing with asphaltic concrete including the necessary i~pi~cement end resetting of castings and the necessary resetting and replacing of curbs together with necessary appurtenances thereto. WHEREAS, this Council by two-thirds vote of the m~mbers elected thereto determines that this ordinance is an emergency me~sure 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 hmzards to vehicular traffic using the streets of this City~ NOW, THEREFORE, BE IT ORDAINED by the City of Lakewood~ Cuyahoga County, Stat~ of Ohio, three-forths of all members elected thereto concurring: Section l~ That it is hereby detemnined to proceed with the improvement of Mars Avenue ik'om Detroit Avenue to Hillard Road. Section 2.. Such improvement shal2, be m~de by the necessary grading of the b~se, resurfacing with asphaltic concrete including the necessary replacement and resetting of castings and the necessary resetting and re- placing of curbs together with necessary appurtenances thereto and in accord- ance with Resolution No. ~623 passed on the 18th day of M~rch, 1968, and in accordance with the plans, specifications, estimates amd profiles heretofore approved and now on file in the office of the Director of Public Works; She character of the materials to be bid upon for the resurfacing is asphaltic concrete and for the curbs is stone or concrete as sho~ on the plans~ and reference is made to said plans and specifications for additional information concerning the character of the materials for such improvement. Section ~. 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 any claims have been filed, they shall 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 ccmpetent Juris- diction to inquire into ~Y claims so filed~ Section 4. That not more than 50%' of the whole cost of s~id im- provement shall be assessed by the benefits upon tb~ following described lots and lands~ to wit: All lots s~r~,dl~ds bounding and abutting upon the proposed improve- ment between the termini aforesaid, which said lots and lauds are hereby determined to be specially benefited by said improvement g end the cost of said improvement shalI include the cost of preliminary and other surveys, plans, specifications, profiles and estimates and of printing~ serving and publishing notices~ resolutions and ordinsncem~ the amount of damages resulting from the improvement assessed in f~vor of any owner of land affected by the improvement and the interest thereon, the costs incurred in connection with the preparation, levy and collecbion of the special assessments, the cost of purchasing, apprOpriating, and otherwise ac~.~iring therefor any required real