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ORDINANCE NO. 15-67 BY: Messrs. Kelley, Usher, Ward, Cain, Gaydos, Huffman AN EMERGENCY ORDINANCE determining to proceed with the improvement of Abbieshire Avenue in the City of Lakewood, Ohio, by the necessary grading of the base, resurfacing with asphaltic concrete including the necessary replace- ment and resetting of castings and resetting and replacing of curbs together with necessary appurtenances thereto. WHEREAS, this Council by two-thirds vote of the me~bers elected thereto determines that this ordinance is an emergency measure which is necessary for the ~mmediate preservation of the public peace, property, health and safety and for the further reason that the improvements herein provided are immediately necesse~ to eliminate existing h~zards to vehicular traffic using the streets of this City; NOW, TEEREFORE, BE IT ORDAINED by the City of Lakewood, Cuyahoga County, State of Ohio, three-fourths of all members elected thereto conclArring: Section 1. That it is hereby determ~ined to proceed with the improve- ment of Abbieshire Avenue from Lake Avenue to Edgewater Drive. Section 2. Such improvement shall be m~de by the ~ecessary grading of the base, resurfacing with asphaltic concrete including the necessary replace- ment and resetting of castings and resetting and replacing of curbs together with the neceasa~ appurtenances thereto and in accordance with Resolution No. 4542 passed on the $~day of Feb~,~ry, 1967, and in accordance with the plans, specific~tions, estLm~tes and profiles heretofore approved and nOw on file in the office of the Director of Public Works; the character of the m~terials to be bid upon for the resurfacing is asphaltic concrete and for the curbs is stone br~c6~te as shOwn on the plans, and reference is made to said plans and specifications for additional information concerning the character of the materials for such improvement. Section 3. That the Board of Revision of Assessments has reported to this Council that no claims for M~mages resulting from the improvement have been filed; but if it should be determined that any claims have been filed, they sh~ll be inquired into before the commencement of the proposed improvement, and the Director of Law shall be, and he is hereby authorized and directed to institute legal proceedings in a court of competent jurisdiction to inquire into any claims so filed. Section 4. 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 are 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 a~d estimates and of printing, serving and publishing notices, resolutions and ordinances, the amount of damages resulting from the improvement assessed in favor of any owner of lmnd 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 purchasing,