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ORDINANCE NO. 21-67 <br /> <br />BY: <br /> <br />Messrs~ ·Huffman, Kelley, Ushe~ <br />Ward, Wendling, Cain, Gaydos ~ <br /> <br /> AN EMERGENCY ORDINANCE determining to proceed with the in%0rovement <br />of Nicholson Avenue in the City of Lakewood, Ohio, by the necessary grading <br />of the base, resurfacing with asphaltic concrete including the necessary replace- <br />ment and resetting of castings and resetting and replacing of curbs together <br />with necessary appurtenances thereto. <br /> <br /> WHEREAS, this Council by two-thirds vote of the members elected <br />thereto determines that this ordinance is an emergency measure which is necessary <br />for the immediate preservation of the public peace, property, health and safety <br />and for the further reason that the improvements herein provided are immediately <br />necessary to eliminate existing hazards to vehicular traffic using the streets <br />of this City; <br /> <br /> NOW, THEREFORE, BE IT ORDAINED by the City of Lakewood, Cuyahoga <br />County, State of Ohio, three-fourths of all members elected thereto concurring: <br /> <br /> Section 1. That it is hereby determined to proceed with the improve- <br />ment of Nicholson Avenue from Detroit Avenue to Lake Avenue. <br /> <br /> Section 2. Such improvement shall be made by the necessary grading <br />of the base, resurfacing with asphaltic concrete including the necessary replace- <br />ment and resetting of castings and resetting and replacing of curbs together <br />with the necessary appurtenances thereto and in accordance with Resolution No. <br />4548 passed on the 20th day of February, 1967, and in accordance with the plans, <br />specifications, estimates and profiles heretofore approved and now on file <br />in the office of the Director of Public Works; the character of the materials <br />to be bid upon for the resurfacing is asphaltic concrete and for the curbs <br />is stone or concrete as shown on the plans, and reference is made to said <br />plans and specifications for ~iditional information concerning the character <br />of the materials for such improvement. <br /> <br /> Section 9. That the Board of Revision of Assessments has reported <br />to this Council that no claims for damages resulting from the improvement have <br />been filed; but if it should be determined that any claims have been filed, <br />they shall be inquired into before the comaencement of the proposed improvement, <br />and the Director of Law shall be, and he is hereby authorized and directed to <br />institute legal proceedings in a court of competent jurisdiction to inquire <br />into a~y claims so filed. <br /> <br /> Section 4. That not more than 50% of the whole cost of said improve- <br />ment shall be assessed by the benefits upon the following described lots and <br />lands, to wit: <br /> <br /> All lots and lands bounding and abutting upon the proposed improve- <br />ment between the termini aforesaid, which said lots and lands are hereby <br />determined to be specially benefited by said improvement; and the cost of said <br />improvement shall include the cost of preliminary and other surveys, plans, <br />specifications, profiles and estimates and of printing, serving and publishing <br />notices, resolutions and ordinances, the amount of damages resulting from <br />the improvement assessed in favor of any owner of land affected by the improve- <br />ment and the interest thereon, the costs incurred in connection with the pre- <br />paration, levy and collection of the special assessments, the cost of purchasing~ <br /> <br /> <br />