5082 - 75 Amend Reso 5069 to revise prop owners share to improve Emerson Ave

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RESOLUTI0~ NO. -5082 Messrs. Sinegrs, Usher, Brockman By: £:hinnock, Greber, Mcbride AN EMERGENCY RESOLUTION determining to amend Resolution No. 5069 in order to revise the property owners' share of the cost of improving Emer- son Avenue. WHEREAS, this Council has Heretofore on May 5, 1975 adopted Re- solution No. 5069 declaring it necessary to improve Emerson Avenue by the necessary grading of the base, resurfacing with asphaltic concrete including the necessary replacement and resetting of castings and the necessary re- setting and replacing of curbs together with necessary appurtenances thereto; and WHEREAS, in the aforesaid Resolution No. 5069 this COuncil deter- mined that not more than 50% of the whole cost of said improvement shall be assessed; and WHEREAS, the Board of Revision of Assessments at its hearing on June 23, 1975 determTned to recommend that because of severe damage to the street caused by heavy equipment working on an adjoining trunk sewer instal- lation the property owners' portion be reduced to 251J; and WHEREAS, this Council by two-thirds vote of the members elected thereto determines that this resolutio~ is an emergency measure which is necessary for the immediate preservation of the public peace, property, health and safety end for the further reason that the improvement provided in Resolution No. 5069 is immediately necessary to eliminate existing hazards to vehicluar traffic using the streets of this City; NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Lake- wood, Cuyahoga County, State of Ohio, three-fourths of all members elected thereto concurring: Section 1. That Section 6 of Resolution No. 5069 adopted on May 5, 1975 shall be and is hereby amended to read as follows: "Section 6. That not more than 25% of the whole cost of said im- provement 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 im- provement between the termini aforesaid, which said lots and lands are here- by determiend to be specially benefited by said improvement; and the cost of said improvement shall include the cost of prelin~nary and other surveys, plans, specifications, profiles and estimates and of printing, serving and publishing notices, resolutions and ordinances, the amount of damages result- ing 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, l~v'f 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 obtain- ing 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." Section 2. That Section 6 of Resolution No. 5069 as adopted on May 5, 1975 is hereby repealed in its entirety. · Section 3. That the portion of the whole cost by which the prop- erty owners' portion has hereby been reduced ~hall be assumed.by the City and paid as a part of its portion of the cost.