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RESOLUTION NO. ~059 BY: <br /> <br />Messrs. <br /> <br />Ward, Williamson, <br />Chockley, Gaydos, <br />Gottermeyer, Huffman, <br />Lawther. <br /> <br /> A RESOLUTION declaring it necessary and conducive to the public <br /> health, convenience and welfare to improve Emily Avenue from Warren Road <br /> to Delaware Avenue by resurfacmng same with asphaltic concrete and doing <br /> any and all grading, draining and curbing or other work necessary theret <br /> <br /> BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: <br /> <br /> Section 1. That it is deemed and declared necessary to improve <br /> Emily Avenue from Warren Road to Delaware Avenue by resurfacing same <br /> with asphaltic concrete and doing any and all grading, draining and <br /> curbing or other work necessary thereto. <br /> <br /> Section 2. That the plans, specifications, estimates and profiles <br /> for said improvement heretofore prepared by the Engineer on file in the <br /> office of the Department of Public Works, be and the same are hereby <br /> approved. <br /> <br /> Section 3. That the entire cost and expense of said improvement <br />(less 50% of the cost) shall be levied and assessed in proportion to <br />the benefits which will result from said improvement upon the lots and <br />lands bounding and abutting said improvement which said lots and lands <br />are hereby determined to be specially benefitted by said improvement and <br />the cost and expense of the improvement shall include the expense of <br />preliminary and other surveys, printing and publishing notices, res- <br />olutions and ordinances required, the serving of notices and the cost <br />of construction, together with the interest on bonds that shall be <br />issued in anticipation of the collection of deferred payments of <br />assessments and other necessary and incidental expense. <br /> <br /> Section 4. That the assessment so to be levied shall be payable in <br />five annual installments, with interest on deferred payments at the <br />rate of three and one-half per centum per annum, payable semi-annually, <br />provided, however, that the owners of any of said lots or parcels of <br />land so assessed may, at their option, pay such assessment within <br />thirty (30) days after the passage of the assessing ordinance in this <br />proceeding, and such cash payment of assessments shall not include any <br />items of interest on bonds to be issued on anticipation of the <br />collection of deferred installments of assessments. <br /> Section 5. That bonds of the City of Lakewood shall be issued in <br />anticipation of the collection of said assessments in an amount equal <br />thereto. <br /> <br /> Section 6. That the remainder of the entire cost and expense of <br />said improvement not specially assessed, including damages awarded to <br />any owner of adjoining lands or interest therein shall be paid out of <br />the Gasoline Tax, Motor Vehicle License Tax or~her funds of the City <br />of Lakewood. <br /> <br /> Section 7. That this resolution shall take effect and be in force <br />upon its passage and approval by the Mayor and at the earliest period <br />allowed by law. <br />Adopted: April q: 1961 , F. Wilson Chookley, Jr. <br /> President <br /> <br />, Philip M. Dearborn <br /> Acting Clerk <br /> <br />Frank P. Celeste <br /> Mayor <br /> <br /> <br />