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Placed on 1st Reading 6/7/99.
<br />Placed on 2nd Reading 6/21/99
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<br />Ordinance No. 28-99 By: Corrigan, FitzGerald, George,
<br /> Roth, Seelie, Skindell, Smitt~
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<br /> AN EMERGENCY ORDINANCE determining to proceed with the improvement of Belle
<br />Avenue (Madison Avenue to Bayes Avenue) in the City of Lakewood by removal where necessary, of
<br />the existing surface course, by grading and replacement, where necessary, of the base and by resurfacing
<br />with concrete, including the necessary replacement and resetting of castings together with necessary
<br />appurtenances thereto, and by replacing the sidewalk, curb and driveway apron where necessary.
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<br /> WHEREAS, this Council by two-thirds vote of the members elected thereto determines that this
<br />Ordinance is an emergency measure which is necessary for the immediate preservation of the public
<br />peace, property, health and safety and for further reason that the improvements herein provided are
<br />immediately necessary to eliminate existing hazards to vehicular traffic; now, therefore,
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<br /> BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO
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<br /> Section 1. That it is hereby determined to proceed with the improvement of Belle Avenue
<br />(Madison Avenue to Bayes Avenue) between certain termini in the City of Lakewood by removal where
<br />necessary, of the existing surface course, by grading and replacement, where necessary, of the base and
<br />by replacement and resetting of castings together with necessary appurtenances thereto, and by replacing
<br />the sidewalk, curb and driveway apron where necessary as set forth in Resolution No. 7376-99 adopted
<br />on February 16, 1999 (the "Resolution"), as amended, equalized and adjusted in the final Report to
<br />Council of the findings of the Board of Revision of Assessments (the "Board") heretofore filed with this
<br />Council and attached hereto and made a part hereof as Exhibit "A" (the "Report").
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<br /> Section 2. That the Report is hereby approved and the assessments, as amended, equalized
<br />and adjusted by the Board and set forth in its Report, hereby are accepted and approved.
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<br /> Section 3. That such improvement shall be in accordance with the Resolution, as amended,
<br />equalized and adjusted by the Board in its report, mad in accordance with the plans, estimates and profiles
<br />now on file in the office of the Director of Public Works; and the character of the materials to be bid
<br />upon for the construction is shown on the plans and reference is made to said plans and specifications for
<br />additional information concerning the character of the materials for such improvements.
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<br /> Section 4. That the Board has reported to this Council that no claim for damages resulting
<br />from the improvement have been filed; but if it should be determined that any claims have been filed,
<br />they shall be inquired into before the commencement of the proposed improvements, and the Director of
<br />Law shall be, and is hereby authorized and directed to institute legal proceedings in a court of competent
<br />jurisdiction to inquire into any claims so filed.
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<br /> Section 5. That the cost of said improvement to be assessed shall be assessed in the manner
<br /> and the number of installments provided in the Resolution, and on the lots and lands abutting and
<br /> abounding upon said improvement between and including the termini of the improvement, as amended,
<br /> equalized and adjusted by the Board in its report; and the cost of said improvements shall include the
<br /> cost of preliminary and other surveys, plans, specifications, profiles, and estimates and of printing,
<br /> serving and publishing notices, resolutions and ordinances, the amount thereon, the costs incurred in
<br /> connection with the preparation, levy and collection of the special assessments, the cost of purchasing,
<br /> appropriating and otherwise acquiring therefore any required real estate or interests therein, expenses of
<br /> legal services including obtaining an approved legal opinion, cost of labor and material and interest on
<br /> bonds and notes issued in anticipation of the levy and collection of the special assessments together with
<br /> all other necessary expenditures.
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<br /> Section 6. That the list of estimated assessments as heretofore prepared by the Director of
<br /> Finance and as amended, equalized and adjusted by the Board in its report be and the same is hereby
<br /> approved and the assessments so to be levied shall be paid in ten (10) semiannual installments, with
<br /> interest on deferred payments at the same rate as shall be borne by the bonds to be issued in anticipation
<br /> of the collection thereof, provided that the owner of any property to be assessed may, at his option pay
<br /> such assessment in cash within thirty (30) days of completion of the improvement.
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