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ORDINANCE NO. 28-69 By~ Graber, Huffman, Kelley, Usher, <br /> Ward, Wendling, Gaydos <br /> <br /> AN EMEI~ENCY ORDINANCE determining to proceed with the improvement <br />of Bonnie View Avenue in the City of Lakewood, Ohio, by the necessary <br />grading of the base~ resurfacing with asphaltic concrete includin'g the <br />necessary replacement and resetting of castings and resetting and replacing <br />of curbs together with necessary appurtenances thereto. · <br /> <br /> WI{EREAS, this Council by two-thirds vote of the members elected <br />thereto determines that this ordinance is an emergency measure which is <br />necessary for the immediate preservation of the public peace, property, <br />health and safety and for the further reason that the improvements herein <br />provided are immediately necessary to eliminate existing hazards to vehicular <br />traffic using the streets 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 <br />improvement of Bonnie View Avenue from Detroit Avenue to Clifton Avenue. <br /> <br /> Section 2. Such improvement shall be made by tile necessary grading <br />of the base, resurfacing with asphaltic concrete including the necessary <br />replacement and resetting of castings and resetting and replacing of curbs <br />together with the necessary appurtenances thereto.and in accordance with <br />Resolution No. 4703 passed on the 17th day of March, 1969, and in accordance <br />with the plans, 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 additional information concerning the character <br />of the materials for such improvement. <br /> <br /> Section 3. That the Board of Revision of Assessments has reported <br />to this Council that no claims for damages resulting from the improvement <br />have been filed; but if it should be determined that any claims have been <br />filed, they shall be inquired into before the commencement of the propofed <br />improvement, and the Director of Law shall be, and he is hereby authorized <br />and directed to institute legal proceedings in a court of competent jurisdiction <br />to inquire into any claims so filed. <br /> <br /> Section 4. That not more than 50% of the whole cost of said <br />improvement shall be assessed by the benefits upon the following described <br />lots and lands, to wit: <br /> <br /> All lots and lands bounding and abutting upon the proposed improvement <br />between the termini aforesaid, which said lots and lands are hereby determined <br />to be specially benefited by said improvement; and the cost of sai~ improvement <br />mhall include the cost of preliminary and other surveys, plans, specifications, <br />profiles and estimates and of printing, serving and publishing notices, <br />resolutions and ordinances, the amount of damages resulting from the improvement <br />a~sessed in favor of any owner of land affected by the improvement and <br />the interest thereon, the costs incurred in connection with tile preparation, <br />levy and collection of the special assessments, the cost of purchasing, <br />.appropriating, and otherwise acquiring therefor ~ny required real estate <br />~or interests therein, expenses of legal services including'obtaining an <br /> approving legal opinion, cost' of labor and material and interest on bonds <br /> and notes issued in anticipation of the levy and collection of the special <br /> assessments together with all other necessary expenditures. <br /> <br /> <br />