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ORDINANCE NO. 53-72 'BI[ AN ~4BRGENCY ORDINANCE determining to procee of Parkwood Avenue in the City of Lakewood, Ohio, by t of the base, resurfacing with asphaltic concrete inclu replacement and resetting of castings and resetting an together with necessary appurtenances thereto. WHEREAS, this Council by two-thiz'ds vote of thereto determines that this ordinance is an emergency necessary for the immediate preservation of the public health and safety and for the further reason that the provided are immediately necessary to eliminate exists traffic using the streets of this City; ~ Messrs. Wendling, Brockma~ Graber, K~lley, Magnotto, McBride,'Usher d with the improvement he necessary grading ding the necessary d replacing of curbs the members elected measure which is peace, property, improvements herein ~g hazards to vehicular NOW, THEREFORE, BE IT ORDAIn*ED by the City of Lakewood, Cuyahoga . County, State of Ohio~ three-fourths of all members elected thereto concurring. · S trion 1. That it is hereby determined to proceed with the improvement of Parkwood Avenue from Franklin Boulevard[to }~dison Avenue. Section 2. SUch improvement shall be made by! the necessary grading of the base, resurfacingwith asphaltic concrete including the necessary replacement and resetting of castings and resetting and replacing of curbs together with thenecessary appurtenances thereto and Sn accordance with Resolution No. 4885 passed on the first day of }~y, 19~2, and in accordance with the plans, estimates and profiles heretofore approved and now on file in the office of the Director of Public Works; the cha~:acter of the materials to be bid upon for the resurfacing is asphaltic concrel:e and for the curbs is stone or concrete as shown on the plans, and referez~ce is made to said plans and specifications for additional information co~lcerning the character of the materials for such improvement. Section 3. That the Board of Revision of Astessments has reported to this Council that no claims for damages resulting f~om the improvement have been filed; but if it should be determined that ar~y claims have been filed, they shall be inquired into before the commencezmnt 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 claims so filed. Section 4. That not more than 50% of the wh, improvement shall be assessed by the benefits upon the lots and lands, to wit: le cost of said following described All lots and lands bounding and abutting upOn] the proposed improvement between the termini aforesaid, 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 surveysl, plans, specifications, profiles and estimates and of printing, serVing and pub~ishing notices, resolutions and ordinances, the amount of damages resulting from the improvement assessed in favor of any owner of land affected by the the interest thereon, the costs incurred in connection levy and collection of the special assessments, the cos appropriating, and otherwise acquiring therefor any req or interests therein, expenses of legal serV'ices includ approving legal opinion, cost of labor and material and and notes issued in anticipation of the levy and collec assessments together with all other necessary expenditu improvement and with the preparation, t of purchasing, aired real estate ing obtaining an interest on bonds tion of the'special ~eS.