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EESOII~ION NO. 4 315 BY: Messrs. Usher, Ward, Weudling, Cain, Gaydos, Huffman. AN E~RGENC¥ RESOLUTION declaring it necessary to improve H~rlon Avenue in the City of Iakewood by the necessary grading of the base, resurfaclng with asphaltic concrete including the necessary replacement and resetting of castings and the necessary resetting and replacing of curbs together with necessary appur- tenances thereto. ~EtEREAS~ this Council by two-thirds vote of the me~bers elected thereto determines that this resolution is an emergency me~sure which is necessary for the immediate preservation of the public peace, property, health and safety and for the further reason that the improve~aents herein provided are t~mediately neceseary to e~n~te existing h~zards to vehicular traffic using the streets of this City; NGW~ ~EREFOBE~ BE IT RESOLVE~ by the COunCil of the City of Iakewood, Cuyahoga County, State of Ohio, three-fourths of ~ll me~be~s elected thereto concurring: Section 1. That it iS necessary to i~prove in the City of Lakewood Harlon Avenue from Jackson Avenue to Donald Avenue as set forth in Section R hereof. Section 2. That said street shall be improved as shown on the plans herein- ax~ter referred to and now on file in the office of the Director of Public Works by the necessary grading of the base~ resurfacing with asphaltic concrete includ- ing the necessary replacement and resetting of castings and resetting and replacing the curbs together with the necessary appurtenances thereto. Section B. It is hereby determined and declared that said improvement is conducive to the public health, convenience and welfare of said City and the inhabitants thereof ~ Section 4. That the grade of said street as improved shall be the grade as shown by the plus and profiles which are made a part hereof. Section 5. That the plans~ specificatio~s, estimates and profiles of the proposed improvement, heretofore prelm~red and now on file Lu the office of the Director of Public Works, are hereby aplX~oved. Section 6. That 50% of the whole cost of said improvement sba11 be assessed by the benefits upon the following described lots and lands, to wit: Ail lots and lands bounding and ab~tting 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 Su~rcey~, plans, specificationS, profiles and estimates and of printing, serving and publishing notices, resolu- tions and ordinances, the amount of damages resulting from the improvement assessed in favor of any owner of land affected by the improvement and the interest thereon~ the costs incurred in connection with the preparation, levy and collection of the special assess~ments~ the cost of purchasing, appropriating~ and other~ise acquiring therefor any required real estate or interests therein, expenses of legal services including obtaining an approvin~ legal opinion, cost of labor and m~terial and interest on bonds and notes issued in anticip~tion of the levy and collection of the special assessments together with all other necessary expenditureS.