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RESOLU210~ NO. 4327 BY: Wendling, Cain, Gaydos, Huffman. CY RE~OLUTION declaring it necessary to improve Spring Garden AN E/~_~GEN .......... ~ ~*'~'~ base resurfacing with Avenue in the City of Lakewood by ~ne necessary gr~ asphaltic concrete including the necessary replacement and resetting of castings and the necessary resetting and replacing of c~rbs together with necessary appur- tenances thereto. WHEBEAS~ this Council by two-thirds vote 05 the members elected thereto determines that this resolution is ~U e~erge~ncy measure which is necessary for the immediate preservation of the public peace~ property~ health and safety and for the further reason t~t the improvements herein provided are immediately necessary to eliminate existing h~zards to vehicular traffic using the streets of this City$ NOW, THEBEFOBE, BE IT RESOLVED by the Council of the CitY of LakewoOd, Cuyahoga County, State of Ohio, three,foUrths of ail ~embers elected thereto concurring: Section 1. That it is 2ecessary to i~P~OVe in the City of Lakewood Spring G~rden Avenue from Detroit Avenue to Fre~kli~ ~ve~ue asset Section 2o 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, resu~facing 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. ~nat the grade of said street aS i~proved shall be the grade as shown by the plans mud profiles which are m~de a p~rt hereof. Section 5. That the plans, specification~, estimates and profiles of the proposed improvement, heretofore prepared and now o~ file in the office of the Director of l~ablic Norks, are hereby approve~. Section 6, That 50~ of the whole cost of said improvement shall be assessed by the benefits upon the following described lots au~ lands~ to wit: All lots and lands bounding and abuttiDg upOn ,the proposed improvement between the termini aforesaid~ which sa~d lo s 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 publishing notices, resolu- tions and ordinances, the amount of damages resulting from the improvement assessed in favor of any owner of land affected by tlTe 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 required real estate or interests therein, expenses of legal services including obtaining an approving leal opinion, cost of labor and m~terial and interest on bonds and notes issued l~ anticipation of the levy and collection of the special assessments together with als ether necessary expenditures.