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RESOLUTION NO. 4551 BY: Messrs. Huffman, Kelley, Usher Ward, Wendling, Cain, and Gaydos AN EMERGENCY RESOLUTION declaring it necessary to improve Phelps 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 appurtenances thereto. WHEREAS, 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~mediate 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, THEREFOBE, BE IT RESOLVED by the Council of the City of Lakewood~ Cuyahoga County, State of Ohio, three-fourths of all members elected thereto concurring: Section 1. That it is necessary to improve in the City of Lakewood Phelps Avenue from Sloane Avenue to Detroit Avenue as set forth in Section 2 hereof. Section 2. That said street shall be improved as shown on the plans hereinafter 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 including the necessary replacement mmd 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 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 plans and profiles which are made a part hereof. Section 5. 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 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 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 improvements 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 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.