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RESOLUTION NO. 4763 <br /> <br />By: Messrs. Wendling, Graber, Huffman, <br /> Kelley, Usher, Ward <br /> <br /> AN EMERGENCY RESOLUTION declaring it necessary to improve Scenic <br />Street in the City of Lakewood by the necessary grading of the base, resurfacing <br />with asphaltic concrete including the necessary replacement and resetting <br />of castings and the necessary resetting and replacing of curbs together <br />with necessary appurtenances thereto. <br /> <br /> WHEREAS, this Council by two-thirds vote of the members elected <br />thereto determines that this resolution is an emergency measure which is <br />necessary for the immediate preservation of the oublic peace, property, <br />health and safety and for the further reason that the improvements herein <br />provided are immediately necessary to eliminate existing hazards to vehicular <br />traffic using the streets of this City; <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Lakewood, <br />Cuyahoga County, State of Ohio, three-fourths of all members elected thereto <br />concurring: <br /> <br /> Section 1. That it is necessary to improve in the City of Lakewood <br />Scenic Street from Detroit Extension to Southerly Terminus as set forth <br />in Section 2 hereof. <br /> <br /> Section 2. That said street shall be improved as shown on the <br />plans hereinafter referred to and now on file-in the office of the Director <br />of Public Works by the necessary grading of the base, resurfacing with asnhaltic <br />concrete including the necessary replacement and resetting of castings an~ <br />resetting and replacing the curbs together with the necessary appurtenances <br />thereto. <br /> <br /> Section 3. It is hereby determined and declared that said improve- <br />ment is-conducive to the public health, convenience and welfare of said <br />City and the inhabitants thereof, <br /> <br /> Section ~. That the grade of said street as'improved shall be <br />the grade as shown by the plans and profiles which are made a part hereof. <br /> <br /> Section 5. That the plans, specifications, estimates and profiles <br />of the proposed improvement, heretofore prepared and now on file in the <br />office of the Director of Public Works, are hereby approved. <br /> <br /> Section 6. That not more than 50% of the whole cost of said improve- <br />ment shall be assessed by the benefits upon the following described lots <br />and lands, to wit: <br /> <br /> All lots and lands bounding and abutting upon the proposed improve- <br />ment between the termini aforesaid, which said lots and lands are hereby <br />determined to be specially benefited by said improvement; and the cost of <br />said improvement shall include the cost of preliminary and other surveys, <br />plans, specifications, profiles and estimates and of printing, serving and <br />publishing notices, resolutions and ordinances, the amount of damages resulting <br />from the improvement assessed in favor of any owner of land affected by <br />the improvement and the interest thereon, the costs incurred in connection <br />with the preparation, levy and collection of the special assessments, the <br />cost of purchasing, appropriating, and otherwise a~euiring therefor any <br />required real estate or interests therein, expenses'of legal services including <br />obtaining an approving legal opinion, cost of labor and material and interest <br />on bonds and notes issued in anticipation of the levy and collection of the <br />special assessments together with all other necessary expenditures. <br /> <br /> Section 7. That the Clerk of this Council be and she is hereby <br />directed to deliver a Certified copy of this resolution to the Director <br />of Finance of this City. <br /> <br /> <br />