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ORDINANCE NO. 47-75 Messrs. Usher, Brockman, Chinnock, By: Graber, Mc,Bride, Sinagra AN E~RGENCY ORDINANCE determining to proceed with the improvement of Parkwood Road in the City of Lakewood, Ohio, by the necessary zradinR of the base, 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. WHEREAS, this Council by two-thirds vote of the members elected thereto determines that this ordinance is an emergency measure which is nec- essary 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-fourths of all members elected thereto concur- ring: Section 1. That it is hereby determined to proceed with the im- provement of Parkwood Road from Detroit Avenue to Franklin Boulevard. Section 2. Such improvement shall be made by the necessary grading of the base, resurfacing with asphaltic concrete including the necessary re- placement and resetting of castings and resettin~ and replacing of curbs to- gether with necessary appurtenances thereto and in accordance with Resolution No. 5072 passed on the 5th day of May, 1975 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 character of the materials to be bid upon for the resurfacing is asphaltic concrete and for the curbs is stone or con- crete as shown on the plans, and reference is made to said plans and smeci- fications 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 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 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 by the 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 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 surveys, plans, sppctfications, profiles and estimates and of printing, serving and publishing notices, resolutions and ordinances, the amount of damages re- suiting from the improvement assessed in favor of any owner of land affected by the improvement and the interest thereon, the costs incurred in connec- tion with the preparation, levy and collection of the special assessments, the cost of purchasing, appropriating, and otherwise acquiring therefor any required real estate or interests therein, expenses of legal services includ- ing obtaining an approving legal opinion, cost of labor and material and in- terest on bonds and notes issued in anticipation of the levy and collection of the special assessments together with all other necessary expenditures. Section 5. That the list of estimated assessments as heretofore prepared by the Director of Finance and included in the report of the Board