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ORDINANCE NO. 5~-58 BY: Messrs.
<br />
<br />Ward, Chockley,
<br />Fahrenbach, Fairgrieve,.
<br />Gaydos, Gottermeyer.
<br />
<br /> AN ORDINANCE determining to proceed with and levying and assessing
<br />a special assessment to pay the cost and expense of improving Hird
<br />Avenue from Williamson Avenue te Clifton Blvd., by resurfacing same with
<br />asphaltic concrete and doing any and all grading, draining and curbing
<br />or other work necessary thereto.
<br />
<br /> WHEREAS, By Resolution No. 3870, Council declared it necessary
<br />to improve Hird Avenue from Williamson Avenue to Lake Avenue, and upon
<br />consideration thereof, such improvement shall now be limited to Hird
<br />Avenue from Williamson Avenue to Clifton Blvd., and the improvement is
<br />to consist of resurfacing said Hird Avenue with asphaltic concrete
<br />and doing any and all grading, draining and curbing or ether work
<br />necessary thereto, and
<br />
<br /> ~EREAS, By such resolution, Council proposed to assess the en-
<br />tire cost and expense of said improvement, less 50% of the cost, upon
<br />the lots and land bounding and abutting said improvement, and
<br />
<br /> WHEREAS, Pursuant to such resolution, notices were served on
<br />the owners of the premises affected by such assessment, and
<br />
<br /> ~HEREAS, After special hearing before the Board of Revision of
<br />Assessment, and the consideration of its report, together with the
<br />representations of property owners made at a regular meeting of Council,
<br />and
<br />
<br /> WHEREAS, This Council considers that there are certain equitable
<br />considerations advanced by the owners of the premises affected by such
<br />assessment which would Justify a reduction of the percentage of the
<br />cost of such improvement chargeable to the owners of the premises
<br />affected by such assessment from 50% to 25%, now, therefore,
<br />
<br /> BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF
<br />OHIO:
<br />
<br /> Section 1. That it is hereby determined to proceed with the im-
<br />provement of Hird Avenue from Williamson Avenue to Clifton Blvd., by
<br />resurfacing same with asphaltic concrete and doing any and all grad-
<br />ing, drainin$ and curbing or all other work necessary in accordance
<br />with Resolutmon No. 3870, adopted Nay 5, 1958, except that the area
<br />to be resurfaced shall extend only from Williamson Avenue to Clifton
<br />Blvd., and that such improvement shall be in accordance with plans,
<br />specifications, estimates and profiles heretofore approved and now on
<br />file in the office of the Director of Public Works.
<br />
<br /> Section 2. That all claims for damages resulting from said im-
<br />provement shall be judicially inquired into after the completion there-
<br />of and that the Director of Public Works be and he is hereby author-
<br />ized and directed to enter into a contract for said improvement in the
<br />manner provided by law, which improvement, in accordance with Article
<br />XV, Section 16 of the Charter, has been estimated by the Director of
<br />Public Works to have a life of five years.
<br />
<br /> Section 3, That for the purpose of paying the cost and expense
<br />of said improvement, there is hereby levied and assessed a SpeciAl
<br />assessment upon the several lots and parcels of land designated in and
<br />in accordance with the estimated Assessment Report No. 736, as made for
<br />that purpose by the Director of Finance and recommended to this Council
<br />by the Board of Revision of Assessments. except that the cost thereof
<br />shall not in the aggregate exceed $3,50~.00. Said estimated assessment
<br />is hereby determined to have been made on the basis of special benefits
<br />conferred by said improvement on the several parcels of land therein
<br />described and the same is herein confirmed, adopted and approved. Said
<br />lots and land assessed are all the lots and land. bounding and abutting
<br />upon the improvement of Hird Avenue from Williamson Avenue to Clifton
<br />Blvd.
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