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ORDINANCE NO. 41-79 BY: Chinnock, Magnotto, McBride, Salmon, Wendling, Brockman, Brown AN EMERGENCY ORDINANCE determining to proceed with the improvement of the following streets 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 together with necessary appurtenances thereto: 1. Belle Avenue - Detroit to Franklin 2. Northland Avenue - Margaret to Delaware 3. Waterbury Avenue - Madison to Bramley 4. Parkway Avenue 5. Lewis Drive - Detroit to Franklin 6. Wyandotte Avenue - Madison to Lakewood Hts. Blvd. 7. Thoreau Avenue - Clifton to bend located 732' southerly 8. Woodward Avenue - South Marginal to Fischer Road 9. Parkhaven Row 10. Clarence Avenue - Franklin to Madison 11. Wagar Avenue - Detroit to Madison WHEREAS., this Council by two-thirds vote of the members elected thereto determines that this ordinance is an emergency measure which is necessary for the immediate preservation of the public peace, property, health and safety and for the further reason that the imporvements 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, STATE OF OHIO, three-fourths of all members elected thereto concurring: Section 1. That it is hereby determined to proceed with the improve- ment of the following streets in the City of Lakewood, Ohio: 1. Belle Avenue - Detroit to Franklin 2.. Northland Avenue -Margaret to Delaware 3. Waterbury Avenue - Madison to Bramley 4. Parkway Avenue 5. Lewis Drive - Detroit to Franklin 6. Wyandotte Avenue - Madison to Lakewood Hts. Blvd. 7. Thoreau Avenue - Clifton to bend located 732' southerly 8. Woodward Avenue - South Marginal to Fischer Road 9. Parkhaven Row 10. Clarence Avenue - Franklin to Madison 11. Wagar Avenue - Detroit to Madison Section 2. Such i~provement shall be made by the necessary grading of the base, resurfacing with asphaltic concrete including the necessary replacement and resetting of castings together with necessary appurtenances thereto in ac- cordance with Resolution No. 5362 adopted January 15, 1979 as amended by Resolution No. 5388 adOpted on April 2, 1979 and in accordance with the specifications and estimates heretofore approved and now on file in the office of the City Engineer; the character of the materials to be used for the resurfacing ~,is asphaltic concrete and other materials as described in the specifications. Section 3. That the Board of Revision of Assessments has reported to this Council that no claims for damages resultling 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 into any claims so filed. Section 4. That the benefited footage of lots on Northland Avenue, Parkway Avenue, Lewis Drive, Wyandotte Avenue, Thoreau Avenue, Woodward Avenue, Parkhaven Row, Clarence Avenue and Wagar Avenue shall be assessed at the rate of