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ORDINANCE NO. 70-78 BY: Brockman, Brown, Hagnotto, ttcBride, Salmon, ~¢endling AN EMERGENCY ORDINANCE determining to proceed with the improvement of Elbur Avenue 'n the City of Lakewood, Ohio, by the necessary grading of the base, resurfacing w'th asphaltic concrete including the necessary replacement and resetting of castings together with necessary appurtenances thereto. WHEREAS, this Council by two-thirds vote of the members elected thereto deter- mines that this ordinance is an emergency measure 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 hazards to vehicular traffic using the streets of this City; now, therefore, BE IT ORDAINED BY THE COUNCIL OF 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 Elbur Avenue from Madison Avenue to Lakewood Hts. Blvd. Section 2. Such improvement shall be made by the necessary grading of the base, resurfacing w'th asphaltic concrete including the necessary replacement and resetting of castings together with necessary appurtenances thereto in accordance with Resolution No. 5317 passed on the 5th day of June, 1978 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 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 ~mprovement. 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 'n a court of competent jurisdiction to inquire into any claims so filed. Section 4. That not more than $5.00 per benefited front foot of said improvement shall be assessed upon the following described Iots and lands, to wit: 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 surveys, plans, specifications, profiles and estimates and of printing, serving and publish'ng notices, resolutions and ordinances, the amount of damages resulting from the improvement assessed in favor of any owner of land affected b% 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 requieed heal estate or interests therein, expenses of legal services including obtaining and 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. Section 5, .That the list of estimated assessments as heretofore prepared by the Director of Finance and included in the report of the Board of Revision of Assessments be and the same is hereby approved and the assessments so to be levied shall be paid in ten (lO) semi-annual installments, with interest on deferred payments at the same rate as shall be borne by the bonds to be issued in anticipation of the collection thereof, provided that the owner of any property to be assessed may, at his option, pay such assessment in cash within thirty (30) days after the passage of the assessing ordinance.