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RESOLUTION NO. 4326 BY: Messrs. Huffman, Usher, Ward, Wendling, Gaydos. AN EMERGENCY RESOLUTION declaring it necessary to improve Sh~w Avenue in the City of Lakewood by the necessary g~ading of the base, resurfacing 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. WHEREAS, this Council by two-thirds vote of the me,hers elected thereto determines that this resolution is an emergency measUre which is necessary for the immediate preservation of the public peace, property, health and safety and for the furbher reason that the ~mprovements herein provided are immediately necessary to eliminate existing hazards to vehicular traffic using the streets of this City$ NGJ~ THEREFORE~ BE IT RESOLVED by th~ Council of the City of Lakewood~ Cuyahoga County, State of Ohio, three-fourths of all members elected thereto concurring: Section 1o That it is necessary to LmprOve in the City of !akewood ~eo^~ Av~nu~ to the westerly terminus and the a~ !eys~ extending northerly and southerly from s~id t~rmin~ each to its respective terminus, as set forth in Section 2 hereof° Section 2. That said street shall be improved as shown on the plans herein- after 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 3. It is hereby deter~tined and declared that said improvem~nt is conduciv~ to the public health, convenience and welfare of said City and the inhabitants thereof° Section 4o That the grade of said street as i~proved shall be the grade as shc~rn by the plans and profiles Which are made a part hereof. Section 5. That the plans~ specifications, estimates and profiles of the proposed i~provement, heretofore prepared and now on file in the office of the Director of Public Works, are hereby approved. Section 6. That 50% of the whole cost of said improvement shall be assessed by the benefits upon the following described lots and lands~ to wit: All lots and lauds bounding and abutting upon the proposed improvement between the termini aforesaid, which s~id lots and lands are hereby determined to be specisl~y benefited by said improvements and the cost of said improvement ~hall include the cost of preliminary e~ud other surveys, 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 laud affected by 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 ~uy required real estate or interests therein, expenses of legal services including obtaining an 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°