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ORDINANCE NO. <br /> <br />18-70 BY~ <br /> <br />Messrs. Wendling, Gaydos, Graber, Huffman, <br />Kelley, Usher, Ward, <br /> <br /> AN EMERGENCY ORDINANCE determining to proceed with the improvement <br />of Gridley Street in the City of Lakewood, Ohio, by the necessary grading <br />of the base, resurfacing with asphaltic concrete including the necessary <br />replacement and resetting of castings and resetting and replacing of <br />curbs together with necessary appurtenances thereto. <br /> <br /> WHEREAS, this Council by two-thirds vote of the members elected <br />thereto determines that this ordinance is an emergency measure which <br />is necessary for the immediate preservation of the public peace, property, <br />health and safety and for the further reason that the improvements herein <br />provided are immediately necessary to eliminate existing hazards to vehicular <br />traffic using the streets of this City; <br /> <br /> NOW, THEP~FORE, BE IT ORDAINED by the City of Lakewood, Cuyahoga <br />County, State of Ohio, three-fourths of all members elected thereto concurring: <br /> <br /> Section 1. That it is hereby determined to proceed with the <br />improvement of Gridley Street from Detroit Extension to Southerly Terminus. <br /> <br /> Section 2. Such improvement shall be made by the necessary grading <br />of the base, resurfacing with asphaltic concrete including the necessary <br />replacement and resetting of castings and resetting and replacing of curbs <br />together with the necessary appurtenances thereto and in accordance with <br />Resolution No. 4759 passed on the 16th day of February, 1970, and in accordance <br />with the plans, estimates and profiles heretofore approved and now on <br />file in the office of the Director of Public Works; the character of the <br />materials to be bid upon for the resurfacing is asphaltic concrete and <br />for the curbs is stone or concrete as shown on the plans, and reference <br />is made to said plans and specifications for additional information con- <br />cerning the character of the materials for such improvement. <br /> <br /> Section 3. That the Board of Revision of Assessments has reported <br />to this Council that no claims for damages resulting from the improvement <br />have been filed; but if it should be determined that any claims have been <br />filed, they shall be inquired into before the commencement of the proposed <br />improvement, and the Director of Law shall be, and he is hereby authorized <br />and'directed to institute legal proceedings in a court of competent Jurisdic- <br />tion to inquire into any claims so filed. <br /> <br /> Section 4. That not more than 50% of the whole cost of said <br />/mprovement shallbe assessed by the benefits upon the following described <br />lots and lands, to wit: <br /> <br /> All lots and lands bounding and abutting upon the proposed <br />improvement between the termini aforesaid, which said lots and lands <br />are hereby determined to be specially benefited by said improvement; <br />and the cost of said improvement shall include the/cost of preliminary <br />and other surveys, plans, specifications, profiles and estimates and <br />of printing, serving and publishing notices, resolutions and ordinances, <br />the amount of damages resulting from 'the improvement assessed in favor <br />of any owner of land affected by the improvement and the interest thereon, <br />the costs incurred in connection with the preparation, levy and collection <br />of the special assessments, the cost of purchasing, appropriating, and <br />otherwise acquiring therefor any required real estate or interests therein, <br />expense~ of legal services including obtaining an approving legal opinion, <br />cost of labor and material and interest on bonds and notes issued in <br />anticipation of the levy and collection of the special assessments together <br />with all other necessary expenditures. <br /> <br /> Section 5. That the list of estimated assessments as heretofore <br />prepared by the Oirector of Finance and included in the report of the <br />Board of Revision of Assessments be and the same is hereby approved and <br />the assessments so to be levied shall be paid in ten (10) semi-annual <br /> <br /> <br />