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RESOLUTION NOo 4470 BY: Messrs. <br /> <br />Kelley, Usher, <br />Ward, Wendling, <br />Cain, Huffman. <br /> <br /> AI~ EMERGENCY RESOLUTION declaring it necessary to improve Donald Avenue <br />in the City of Lakewood by the necessary grading of the base~ resurfacing with <br />asphaltic concrete including the necessary replacement and resetting of castings <br />and the necessary resetting and replacing of curbs together with necessary appur- <br />tenances thereto° <br /> <br /> WHEREAS~ this Council by two-thirds vote of the members elected thereto <br />determines that this resolution is an emergency measure which is necessary for the <br />immediate preservation of the public peace~ property~ health and safety and for <br />the further reason that the improvements herein provided are immediately necessary <br />to eliminate existing hazards to vehicular traffic using the streets of this City~ <br /> <br /> NOW, THEREFORE~ BE IT RESOLVED by the Council of the City of Lakewood, <br />Cuyahoga County~ State of Ohio, three-fourths of all me~bers elected thereto <br />eoncurring~ <br /> <br /> Section 1o %~nat it is necessary to improve in the City of Lakewood <br />Donald Avenue from Clifton Boulevard to the right of way of the Norfolk and <br />Western Railroad as set forth in Section 2 hereof. <br /> <br /> Section 2o That said street shall 'be improved as shown on the plans herein- <br />after referred to and now on file in the office of the Director of Public Works <br />by the necessary grading of the base~ resurfacing with asphaltic concrete includ- <br />ing the necessary replacement and resetting of castings and resetting and replacing <br />the curbs together with the necessary appurtenances thereto. <br /> <br /> Section 3. It is hereby determined and declared that said improvement <br />is conducive to the public health~ convenience and welfare of said City and the <br />inhabitants thereof° <br /> <br /> Section 4. That the grade of said street as improved shall be the grade as <br />shown by the plans and profiles which are made a part hereof. <br /> <br /> Section 5o That the plans., specifications~ estimates and profiles of the <br />proposed i~provement~ heretofore prepared and now on file in the office of {he <br />Director of Public Works~ are hereby approved. <br /> <br /> Section 6. That not more than 50% of the whole cost of said improvement <br />shall be assessed by the benefits upon the following described lots and lands, <br />to wit: <br /> <br /> All lots and lands bounding and abutting upon the proposed improvement <br />between the termini aforesaid~ which said lots and landS are hereby determined <br />to be specially benefited by said improvements and the cost of said improvement <br />shall include the cost of preliminary and other surveys~ plans~ specificationS~ <br />profiles and estimates and of printing, serving and publishing notices~ resolu- <br />tions and ordinances~ the amount of damages resulting from the improvement <br />assessed in favor of any owner of land affected by the improvement and the interest <br />thereon~ the costs incurred in connection with the preparation~ levy and collection <br />of the special assessments~ the cost of uurchasing, appropriating, and otherwise <br />acquiring therefor any required real estate or interests therein~ expenses of <br />legal services including obtaining au approving legal opinion, cost of labor and <br />raaterial and interest on bonds and notes issued in anticipation of the levy and <br />collection of the special assessments together with all other necessary expenditures~ <br /> <br /> <br />