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RESOL ON NO. BM: AN EMERGENCY RESOLUTION declaring it necessary to improve Lakewood Avenue in the City of Lakewood by the necessary grading of the base, resurfacing with asphaltic concrete including the necessary replacement and resetting of castings and the necessary resetting and replacing of curbs together with necessary appur- tenances thereto. WHEREAS~ this Council by two-thirds vote of the members elected thereto determines that this resolution is aa 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 existihg hazards to vehicular traffic using the streets of this City; NOW~ THEREFORE~ BE IT RESOLVED 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 necessary to improve in the City of Lakewood Lakewood Avenue from Detroit Avenue to ~dison Avenue as set forth in Sectiou 2 hereof. Sectio~ 2. That said street shall be improved as shown on the plans hereinm after referred to and now on file in the office of the Director of Public Works by the necessary grading of the base, resurfacing with asphaltic concrete inoludm lng the necessary replacement and resetting o~ castings and resetting and replacing the curbs together with the necessary appurte?~es thereto, Section Bo It is hereby determined and declaimed that said improvement is conducive to the public health, convenience and welfare of said City and the inhabitaat s thereof. Section 4. That the grade of said street as improved shall be the grade as shown by the plans and profiles which are made a part hereof, Section 5. That the plans, specifications, estimates and profilez of the proposed improvement, heretofore prepared and now on file in the office of the Director of Public ~Yorks, are hereby approved. Section 6. That not more than 50% of the whole cost of said improvement shall be assessed by the benefits upon the following described lots and lands, to wit: All lots and lands bounding and abutting upon the 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 in~rovement shall include the cost of preliminary cad other surveys, plans, specifications, profiles and estimates and of printing, serving and publishing notices~ resolu- tions cud ordinances~ the amount of damages resulting from th~ improvement · assessed in favor of any owner of land affected by the improvement and the interest thereon, the costs incurred in connection with the preparation, levy and collection of 'the special assessments, the cost of purchasing, appropriating, and otherwise acquiring therefor any required real estate or interests therein, expenses of legal services including obtaining au approving legal opinion, cost of labor and material and interest on bonds and notes issued in anticipation of the levy and collection of the special assessments together with all other necessary expenditures°