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ORDINANCE NO. 72-78 BY: Magnotto, McBride, Salmon, Wendling, Brockman, Brown AN EMERGENCY ORDINANCE determining to proceed with the improvement of Woodward Ave. in the City of t. akewood, Ohio, by the necessary grading of the base, resurfacing with asphaltic concrete including the necessary replacement and resetting of castings together with necessary appurtenances thereto. WHEREAS, this Council by two-thirds vote of the members elected thereto deter- mines that this ordinance is an emergency measure which is necessary for the immediate preservation of the public peace, property, health and safety and for tile further reason that tile improvements herein provided are immediately necessary'to eliminate existing hazards to vehicular traffic using the streets of this City; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, CUYAHOGA COUNTY, STATE OF OHIO,, three-fourths of all members elected thereto concurring: Section I. That it is hereby determ'ned to proceed with the improvement of WoodWard Avenue from Hi lliard Avenue to Delaware Avenue. Section 2. Such improvement shall be made by the necessary grading of the base,, resurfacing with asphaltic concrete including tile necessary replacement and resetting of castings together with necessary appurtenances thereto in accordance with Resolution No. 5318 passed on tile 5th day of June, 1978 and in accordance with tile plans, estimates and profiles heretofore approved and now on file in tile office of the Director of: Pub1 ic Works; the character of the materials to be bid upon for the resurfacing is asphaltic 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 claims 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 authorized and directed to institute legal proceedings in a court of competent jurisdiction to inquire inco any claims so filed. Section 4. That noL more than $5.00 per benefited front foot of said improvement shall be assessed upon the following described lots and lands, to wit: All lot's arid lands bounding and abutting upon tile proposed improvement between the termini aforesaid, which said lots and lands are hereby determined to be specially benefited by said improvement; and the cost of said 'mprovement shall include the cos't of preliminary and other surveys, plans, spec[flcations, profiles and estimates and of printing, serving and publishing not'ces, resolutions and ordinances, the amount of damages resulting from the improvement assessed in favor of any owner of land affected by the improvement and the interest thereon, the costs incurred in connection with tile preparation, levy and collection of the special assessments, tile cost of purchasing, appropriat'ng, and otherwise acquiring therefor any requ'red J-eal estate or interests therein, expenses of legal services including obtaining and approving legal opinion, cost of Iai)or and material and interest on bonds and notes issued in anticipation of the levy and collection of the special assessments together wi th all other necessary expenditures. Section 5. That the list of estimated assessments as heretofore prepared by tim Director of Fina~c(, and include(I in lhe r'(~p(~rt_ of the B(~nrd of R~tvision of levied shall t)e paid in ten (]0) semi-annual installme[~ts, with inLerest o~ deferred payments at [he same rate as shall be borne by the bonds to be issued in anticipation of the collection thereof, provided that the owner of any property to be assessed may, a[ his ~ption, pay suct~ assessment in cash within thirty (30) days alter the passage of [he assessing ordinance.