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ORDINANCE NO. 33-68 BY: Messrs. Gayd°s, Graber, l{~]~ffman, Kelley, Usher, Ward, Weudling AN EMERGENCY ORDINANCE determining to proceed with the improvement of Fry Avenue in the City of Lakewood, Ohio, by the necessary grading of the base, resurfacing with asphaltic concrete including the necessary replacement aud resetting of castings and the necessary resetting and replanting of curbs together with necesss~y appu_~tenances thereto. WHEREAS, this Council by two-thirds vote of the memberslelected thereto determines that this ordinance is an emergency measure ~nich is necessary for the immedi~be preservation of the public peace~ property, health and safety and for the further reason that the Lmprovements herein provided ~re immediately necessary to eliminate existing hazards to vehicular traffic using the streets of this City~ NOW, THEREFORE, BE IT ORDAINED by the City of Lakewood, Cuyahoga County, State of Ohio, three-forths of all members electe~ thereto ~o~.~.rring: Section 1. That it is hereby determined to proceed with the improvement of Fry Avenue from Detroit Avenue to Clifton Boulevard. Section 2. Such improvement shall be made by the necessary grading of the base, resurfacing with asphaltic concrete including the necessary replacement and resetting of castings and the necessary resetting and re- placing of curbs together with necessary appurtenances thereto and in accord- ance with Resolution No. 4621 passed on the 18th d~y of March, 1968~ and in accordance with the plans, specifications, estimates and profiles heretofore approved and now on file in the office of the Director of Public Works~ the character of the materiels to be bid upon for th~ res~rfacing is aspha~bic concrete and for the curbs is stone or concrete 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 damages resulting from the improvement have been filed; but if it should be determined that any claim~ have been filed, they shall be inquired into before the commencement of the proposed improvement, and the Director of Law shall be~ and he is hereby ~.uthorized and directed to institute legal proceedings in ~ court of competent juris- diction to inquire into any claims so filed. Section ~. That not more than 50% 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 improve- ment between the termini aforesaid, which s~id lots ~nd lands are hereby determined to be specially benefited by said impro~ement~ and the cost of said improvement shall include the cost of preliminary and other surveys, plans~ specifications, profiles and estimates ~nd of printing, serving and publishing notices, resolutions ~nd ordinances~ the ~uount of damages resulting from the improvement assessed in favor of any o~ner of land affected by the improvement and the interest thereon, the costs iucurred in connection with the preparation, levy and collection of the special assessments, the cost of purchasing, appropriating~ and otherwise acquiring therefor any required real