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ORDINANCE NO. 44-71' BY: Messrs. Wendling, Gaydos, Graber, Huf fman, Usher, .. Ward AN EMERGENCY ORDINANCE determining to,'proceed with the improvement of Ferndale Avenue in the City of Lakewood, Ohio, by the necessary grading of the base, resurfacing with asphaltic concrete including the necessary replacement and resetting of castings and resetting and replacing of curbs 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 immediate preservation of the public peace, property, health and safety and fur 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-fourths of all members elected thereto concurring: Section 1. That it is hereby determined to proceed with the improvement of Ferndale Avenue from Madison Avenue to Athens Avenue. Section 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 Resolution No. 4824 passed on the 5th day of April, 1971,(amended by Resolution No. and in accordance with the plans, estimated and 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, and 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 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 beforethe commencement of the proposed improvement, a~d 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 claims so filed. Section 4. That not more than 35% of the whole cost of said improvement shall be assessed by the benefits upon the following described lots and lands, to wit: Ail lots and lands bounding and abutting upon the proposed improvement between the termini aforesaid, which said lots and lands are hereby determined bo 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 estimated and of printing, serving and publishing notices, resolu- tions and ordinances, the amount of damages resulting from'the improvement assessed in favor of any owner of land affected by the improvement and 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 acquiring therefor any required real estate or interest therein, expenses of legal services including obt~ing an approving legal opinion, cost of labor and material and interest on bonds and notes issued in anticipation of the levy and collection of the special assessments together with all other necessary expenditures.