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RESOLUTION NO. 2006-07 INTRODUCED BY: Mayor Rinker and Council as a Whole AN EMERGENCY RESOLUTION DECLARING IT NECESSARY TO IMPROVE HIGHLAND ROAD AND CERTAIN OTHER DESIGNATED STREETS BETWEEN CERTAIN TERMINI BY CONSTRUCTING SANITARY SEWERS, SANITARY SEWER SERVICE CONNECTIONS AND MANHOLES, INSTALLING, WHERE NECESSARY, FORCE MAINS AND STORM SEWERS, AND REPLACING, WHERE NECESSARY, PAVEMENT AND DRIVEWAY APRONS, ALL TOGETHER WITH THE NECESSARY APPURTENANCES THERETO. WHEREAS, Council has previously authorized and requested the Village Engineerto cause plans, profiles, specification and an estimate of cost to be prepared (collectively, the "Plans") forthe improvement project described in Section 1 (the "Improvement Project"); and WHEREAS, based upon such previous authorization and request the Village Engineer has prepared and filed the Plans for the Improvement Project with the Clerk of Council; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF MAYFIELD VILLAGE, OHIO, THREE-FOURTHS OF ALL MEMBERS ELECTED OR APPOINTED THERETO CONCURRING THAT: SECTION 1. It is declared necessary to improve Highland Road from SOM Center Road thence westerly approximately 2,150 feet, Metro Park Drive from Zorn Lane thence westerly approximately 1,840 feet, and Zorn Lane from a point approximately 725 feet north of Metro Park Drive thence southerly approximately 1,165 feet by constructing sanitary sewers, sanitary sewer service connections and manholes, installing, where necessary, force mains and storm sewers, and replacing, where necessary, pavement and driveway aprons, all together with the necessary appurtenances thereto as shown on the Plans now on file with the Clerk of Council. SECTION 2. The Plans now on file with the Clerk of Council are approved. The Improvement Project shall be made in accordance with, and the grade of the improvement and of any street shall be the grade as shown on, the Plans. SECTION 3. This Council finds and determines that (i) the Improvement Project is conducive to the public health, convenience and welfare of the Village and the inhabitants thereof and (ii) the lots and lands to be assessed as described in Section 4 hereof are specifically benefited by the improvement. This Council further finds and determines that the streets to be improved are so situated in relation to each other that, in order to complete the improvement in the most practical and economical manner, they should be improved at the same time, with the same kind of materials and in the same manner and, therefore, they shall be treated as a single improvement and included in the same legislation and contract. SECTION 4. The Village shall assume and pay as its .portion of the cost of the Improvement Project the costs of intersections plus 2% of the costs of the Improvement Project and, as contemplated below, all other costs in excess of $6,500 per lot or land assessed for the Improvement Project. The remaining costs of the Improvement Project shall be assessed in proportion to the benefits that may result therefrom upon those lots and lands within the Village set forth in Exhibit "A" attached hereto and incorporated herein by reference, provided, however, that,