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RESOEOTION NO. 431~ BY: MessrS. Cain, Gaydos, Huffman, Usher, Ward, Wendling. AN E~ERGENC~T RESOLUTION declaring it necessary to improve Elbur Avenue in the City of Lakewood by the necessa~wy g~ing of the base, resurfacing with asphaltic concrete including the necessary replacement and resetting of castings and the necessa~y resetti~ $~ud replacing of curbs together with necessary ten~uces thereto. Wi~EREAS~ this Council by two~thirdS vote of the members elected thereto determines that this resolution is an emergency measure which is necessary for the im~ediate preservation of the public peace, property, health and safety and for the lk~her reason that the improvements herein provided are immediately necessery to elimi~te existing hazards to vehicular traffic using the streets of this NOW, THEREFOEE~ BE IT RESOLVED by th~ Council of the City of lakewood, Cuyahog~ County, State of Ohio, three.fourths of all me~bers elected thereto concurring: Section 1. That it is necessary to improve in the City of Iakewood Elbur Avenue from Merle Avenue to Clifton Boulevard aS set forth in Section 2 hereof. Section 2. That said street shall be improved as shown on the plans herein- ~fter referred to and now on file in the office of the Director of Public l~orks by the necessary grading of the base, resurfacing with asphaltic concrete includ~ lng the necessary replace~nt and resetting of casting~ and resetting and replacing the m~rbs together with the necessary ~ppurter~nces thereto. Section 3. It is hereby determined and declared that said improvement is conducive ~to the public health~ convenience and weli~re of said City and the inhabitants thereof~ Section 4. That the grade of said street e~ improved shall be the grade sho~m by the plans ~nd profiles which are ~de a part hereof. Section 5. T~at the pl~ns~ specifications, estimates and profiles of the proposed i~provement, heretofore prepared and now on file in the office of the Director of P~blic Works~ a~e hereby approved. Section 6o That 50% of the vhole cost of said improvement shall be assessed by the benefits ~pon the following described lots and lands~ to wit: All lots ~nd lands bounding and abutting upon the proposed improvement between the termini aforesaid., ~hich said lots and l~nds are hereby determined. to be specially benefited by said improvement~ a~d the cost of said in~provement shall include the cost of preliminary and. other surveys, plans, specifications, profiles and estimates and of printing~ serving and. publishing notices, resolu~ tions a~d ordin~nces~ the amount of damages resulting frc~ the improvement assessed in favor of any owr~er of land affected by the improvement and the interest thereon~ the costs ~ucttrred in connection with the preparation~ levy and collection of the special assessments, the cost of purchasing~ appropriating, and otherwise ac~luiring therefor any required real estate or interests therein~ expenses of legal services including obtaining an approving legal opinion, cost of labor and m~terial and interest on bonds and notes issued in anticipation of the levy and collection of the special assessments 'together with all other necessary expenditures.