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ORDINANCE NO. 59-58
<br />
<br />EY~ Messrs. Chockley, Fahrenbach,
<br /> Fairgrieve, Gaydos,
<br /> Gottermeyer, Lawther.
<br />
<br />i AN ORDINANCE determining to proceed with and levying and assess-
<br /> nga special assessment to pay the cost and expense of improving
<br />McKinley Avenue from Hllliard Road to Delaware Avenue, by resurfaoing
<br />same with asphaltic concrete and doing any and all grading, draining
<br />and curbing or other work necessary thereto.
<br />
<br /> WHEREAS, By Resolution No. 3867, Council declared it necessary
<br />to improve McKinley Avenue from Hilliard Road to Delaware Avenue, by
<br />resurfacing same with asphaltic concrete and doing any and all grading,
<br />draining and curbing or other work necessary thereto, and
<br />
<br /> WHEREAS, By such resolution, Council proposed to assess the en-
<br />tire cost and expense of said improvement, less 50% of the cost,
<br />upon 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 /> WHEREAS, 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
<br />such assessment which would Justify a reduction of the percentage of
<br />the 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
<br />OF OHIO:
<br />
<br /> Section 1. That it is hereby determined to proceed with the
<br />improvement of McKinley Avenue from Hilliard Road to Delaware Avenue,
<br />by resurfacing same with asphaltic concrete and doing any and all
<br />grading, draining and curbing or all other work necessary in accord-
<br />ance with Resolution No. 3867, adopted May 5, 1958, and in accordance
<br />with plans, specifications, estimates and profiles heretofore approved
<br />and now on 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
<br />thereof and that the Director of Public Works be and he is hereby
<br />authorized and directed to enter into a contract for said improvement
<br />in the manner provided bylaw, which improvement, in accordance with
<br />Article XV, Section 16 of the Charter, has been estimated by the
<br />Director of 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
<br />and in accordance with the estimated Assessment Report No. 735, as
<br />made for that purpose by the Director of Finance and recommended to
<br />this Council by the Board of Revision of Assessments, provided, how-
<br />ever, that such assessment shall not exceed the sum of $5,250.00.
<br />Said estimated assessment is hereby determined to have been made on
<br />the basis of special benefits conferred by said improvement on the
<br />several parcels of land therein described and the same is herein con-
<br />firmed, adopted and approved. Said lots and land assessed are all
<br />lots and land bounding and abutting upon the improvement of McKinley
<br />Avenue from Hilliard Road to Delaware Avenue.
<br />
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