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CtTM OF NORTH OLMSTED ?. Y?>J.??CV ORD INAlYCE N0. 4g-1 y4 AN ORDINANCE DETERNIINING TO PROCEED WITH THE IMPROVEMENT OF SOU'TFERN AVENUE., DECKER ROAD A1VD MIDVALE AVENUE IN THE CITY OF NORTH OLMSTID? OHIO? BY (RADIlVG,, DRAINING, CURBING, PAVING, CONSTRUCTING SIDEWALKS? AND INSTALLING SANTTARY SEWER, STORM SEWER AND WATER CtA3B CONNECTIONS WHERE NECESSARY, AND DECLARING AN EMERGENCY. BE IT ORDAINED by the Council of the City of North Olmsted, Cuyahoga County, Ohio: Section l. That it is hereby determimd to proceed with the improve- ment of Southern Avenue from a point 140 feet west of the westerly line of Decker Road easterly to Burns Road, Decker Road from Southern Avenue to Midvale Avenue, and Midvale Avenue from Decker Road to Burns Road by grading, draining, curbing, paving, constructing sidewalks,and installing sanitary sewer, storm sewer and water curb connections where necessary. Seetion 2. That said improvement shall be made in accordance with the provisions of Resolution No. 68-137 passed on August 13, 1968, and with the plans, specifications, estimates and profiles heretofore approved and now on file in the office of the Clerk of this Council. Section 3. That all claims for damages resulting therefrom that have been legally filed shall be inquired into before the comrnencement of the proposed improvnment, and the Director of Law is hereby authorized and directed to institute legal proceedings in a court of competent jurisdiction to inquire into claims that have been so filed. Section 4. That, subject to the provisions of Section 5 hereof, the portion of the cost provided in the above mentiorbed resolution of necessity to be assessed shall be assessed in the manner and the number of installrnents provided in said resolution and on the lots and lands described therein. Section 5. That the estimated assessments for such improvement heretofore prepared by the City Engineer and filed in the office of the Clerk of Council and as equalized by the Assessment Equalization Board heretofore appointed for such purpose by Resol.ution No. 68-143, adopted September 3, 1968, the report of which Board was approved by Resolution No. 68-173 , adopted November 6, 1968, be and the same are hereby adopted, are in proportion to the benefits Which may result from such improvement and are not in excess of 7?s _ in the estimated any statutory limitation. The reduction of 6,32& assessments recommended by the Assessment Equa ization Board shall be assumed by the City in addition to that portion of the cost of such improvement which the City is required to pay under the provisions of the above mentioned resolution of necessity. Section 6. The Clerk of Council is hereby directed to deliver a certified copy of this ordinance to the County Auditor within fifteen days after its passage.