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? <br />? <br />- 2 - <br />Section 2. Tha.t said improvement shall be ma,de in accordance with the pro- <br />visions of Resolution No. 69-177 passed on October 21, 1969, and with the plans, <br />specifications, estimates and profiles heretofore approved and now on file in the <br />office of the Clerk of this Council. <br />Section 3• That all claims for damages resulting therefrom that have been <br />legally filed shall be inquired into after completion of the proposed improve- <br />ment, and the Director of Law is hereby authorized and directed to institute <br />legal proceedings in a court of competent jurisdiction to inquire into claims <br />that have been so filed. <br />? Section 4. That, subject to the provisions of Section 5 hereof, the portion <br />of the cost provided in the above mentioned resolution of necessity to be assessed <br />shall be assessed in the manner and the number of installments provided in said <br />resolution and on the lots and lands described therein. <br />• Section 5. That the estimated assessments for such improvement heretofore <br />prepaxed by Floyd G. Browne and Associates, Ltd., Consulting Engineers to this <br />City, and filed in the office of the C1erk of Council and as equalized by the <br />Assessment Equa,lization Board heretofore appointed for such purpose by Resolution <br />No. 69-215, adopted December 16, 1969, the report of which. Board wa.s approved by <br />Resolution No. L , e-adopted January 6, 1970, be and the same are hereby <br />adopted, are in pf?oportion to the benefits which may result fram such improve- <br />ment and are not in excess of any statutory limitation. The reductions in the <br />estimated assessments recommended by the Assessment Equalization Board shall be <br />assumed by the City in addition to that portion of the cost of such improvement <br />which the City is required to pay under the provisions of the above-mentioned <br />resolution of necessity. <br />Section 6. The Clerk of Council is hereby directed to deliver a certified <br />copy of this ordinance to the County Auditor within fifteen days after its passage. <br />Section 7. Subject to the provisions of Section 727.24, Revised Code, the <br />Mayor of the City is hereby authorized and directed as soon as the funds therefor <br />are available to make and execute a contract for said improvement with the lowest <br />and best bidder after advertising according to law and the improvement shall be <br />finan.ced as provided in the resolution of necessity. <br />Section 8. This ordinance is hereby declared to be an emergency measure <br />necessary for the immediate preservation of the public peace, health and safety <br />of said City, and for the further reason that-the immediate construction of said <br />improvement is necessary to protect the health of the abutting owners and the <br />inhabitants of the City; wherefore, this ordinance shall be in fu11 force and <br />effect from and immediately after its passage and approval by the Mayor. <br />Passed : <br />Attest; "- ? ?/?e? <br />Noill, Clerk of Council <br />Approved: llal70 <br />lph E. Christman, Mayor <br />?._. dC?--.; •_ C_..?. ? i... --?,, _?. (?-?: ?.--? <br />Francis J. 0?Yei , President of Council <br />? • <br />• -9-70- ?. <br />? ,. <br />,o