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Ordinance No. 46-84 By: Brown, Chinnock, Gallagher, Graham, Salmon, Wendling AN EMERGENCY ORDINANCE determining to proceed with the improvement of cer- tain streets between certain termini in the City of Lakewood by removal, where necessary, of the existing surface course, by grading and replacement, where necessary, of the base and by resurfacing with asphaltic concrete, including the necessary replacement and resetting of castings together with the necessary appurtenances thereto. WHEREAS, this Council by two-thirds (2/3) vote of the members elected there- to 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 improvements herein provided are immediately necessary to eliminate existing hazards to vehicular traffic: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Lakewood, Cuyahoga County, State of Ohio, three fourths (3/4) of all members elected thereto concurring: Section 1. That it is hereby determined to proceed with the improvement of the following streets bewteeen the indicated termini in the City of Lakewood by removal, where necessary, of the existing surface course, by grading and replacement, where necessary, of the base and by resurfacing with asphaltic concrete, including the necessary replacement and resetting of castings together with the necessary appurtenances thereto, as set forth in Resolution No.5837-84 adopted on March 5, 1984 (the "Resolution"), as amended, equalized and adjusted in the final report to Council of the findings of the Board of Revision of Assessments (the "Board") heretofore filed with this Council and attached hereto and made a part hereof as Ex- hibit A (the "Report"): Delaware Avenue (Lakeland to McKinley) Hathaway Avenue (Clifton to Merl) Woodward Avenue (Detroit to Hilliard) Chase Avenue (Clifton to Merl) Hird Avenue (Detroit to Clifton) Blossom Park (Detroit to Cedarwood Spring Garden (Detroit to Madison) Riverside Drive (West Clifton to Edanola) Edanola Avenue (Riverside to Sloane) Westwood Avenue (Detroit to Madison) Lark Avenue (Thrush to Plover) Cove Avenue (Detroit to Clifton) Section 2. That the Report is hereby approved and the assessments, as amen- ded, equalized and adjusted by the Board and set forth in its Report, hereby are accepted and approved. Section 3. That such improvement shall be in accordance with the resolution, as amended, equalized and adjusted by the Board in its report, and in accord- ance with the plans, estimates and profiles heretofore approved and now on file in the office of the Director of Public Works; and the character of the materials to be bid upon for the construction is 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 4. That the Board 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 into any claims so filed.