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RESOLUTION NO. 5069 By: Messrs. Chinnock, Magnotto, McBride, Sinagra, Usher, Brockman A/{ ~.IERGE!JCY HESOLUTIO~I declarin~ it necessary to improve Emerson Avenue in the City of Lakewood by the necessary grading of the base, re- surfacing.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 th~s resolution is an emergency measure which is necessary for the immediate preservation of the public peace, prooerty, health ~nd safety end for the further reason that the improvements herein provided are imr. ediately necessary to eliminate existing hazards to vehicular traffic using the streets of this City; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Lg~kewood, 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 Lakeland Emerson Avenue from Nicholson to Donald 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, resurfacin~ with asphaltic concrete including the necessary replacement and resetting of castings and resetting and replacing the curbs together with the necessary appurtens~aces thereto. Section 3. It is hereby determined ~nd declared that said improve- ment is conducive to the public health, convenience and welfare of said City and the inhabitants thereof. Section h. 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 not more than 50~ of the whole cost of said improve- ment 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 improve- ment between the termini aforesaid, ~hiCh said lots and lands arc 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 ~nd of printing, serving and publish- ing notices, resolutions and ordinances, the amount of damagcs resulting from the improvement assessed in favor of ~ny owner of lnnd affected by the improve- ment and the interest thereon, the costs incurred in connection with the pre- paration, levy and collection of the special assessments, the cost of purchasi~ appropriating, and othe~ise atquiring therefor any required real estate or interests therein, e~penses of legal services includin~ obtaining mn 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. Section 7. That the Clerk of this Council be and she is hereby directed to deliver a certified copy of this resolution to the Director of Finance of this City.