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RESOLUTION NO. 4475 BY~ Messrs. Huffman, Kelley, Usher, Ward, Wendling, Cain. AN EMERGENCY RESOLUTION declaring it necessary to improve Orchard Grove Avenue in the City of Lakewood by the necessary grading 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 appu~~- tenances thereto ~ WI~ this Council by two-thirds vote of the members elected thereto determines that this resolution is an emergency measure which is necessary for the i~ediate preservation of the public peace~ property~ health and safety and for the further reason that the improvements herein provided are immediately necessary to eliminate existing hazards to vehicular traffic using the streets of this City; NOW~ THEBEFORE~ BE IT RESOLVED by the Council of the City of Lakewood, Cuyahoga County, State of Ohio~ three-fourths of ail members elected thereto concurring: Section 1. That it is necessary to improve in the City of Lakewood Orchard Grove Avenue from Detroit Avenue to Madison Avenue as set forth in Section 2 hereof. Section 2. That said street shall be iraproved as shown on the plans herein~ after referred to and now on file in the office of the Director of P~iblic 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 determined and declared that said improvement is conducive to %he p~blic health~ convenience and welfare of said City and the inhabitants thereof° Section 4o That the grade of said street as improved shall be the grade as shown by the plans and profiles which are made a part hereof. Section 5o That the plans.~ specifications~ estimates and profiles of the proposed improvement~ heretofore prepared and now on file in the office of the Director of Public Works~ are hereby approved° Section 6o That not more than 50% of ths whole cost of said improvement Shall be assessed by the benefits upon the following described lots and lands~ to wit: All lots and lands 'bounding and abutting 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 surveys~ plans, specifications~ profiles and estimates and of printing~ serving and publishing notices, resolu~ tions and ordinances~ the amount of ~amages 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 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 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°