The Butler County press. [volume], November 25, 1938, Image 3

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ABSOLUTION no. 7539
Resolution accepting: the amounts and
rates as determined by the Budget
Commission and authorizing: the neces
sary tax levies and certifying them to
the County Auditor.
WH KI MO AS, tli is Council in accordance
Willi the provisions ol' law has previously
adopted a Tax Budget for the next suc
ceeding fiscal year commencing January
1, 1939: and
WHKHEAS, the Budget Commission of
Sutler County, Ohio, has certified its
action thereon to this Council together
With an estimate by the County Auditor
of the rate of each tax necessary to be
Fund
TOTAL 249,487.68
SUCTION III: That the Clerk of this
Council be and she is hereby directed to
certify a copy of thts Resolution to the
County Auditor of said County.
SECTION IV: This resolution shall
tnke effect and be in full force and effect
from and after the earliest period al-
ORDINANCE NO. 3740
Determining to proceed with the im
provement of Bessie Avenue, from
Street to G- Street, in the First Ward
of the City of Hamilton, Ohio, by con
structing sanitary sewers, house con
nections, manholes, etc., where neces
sary, and levying the assessments
therefor.
WHERE AS, the Board of Revision of
Assessments has reported to this Council
the necessity for this improvement and
recommended the estimated assessment
rep—i filed with the Council by the Di
rector of Finance after due consideration
and public hearing: and
WHERKAS, the Director of Public
Works being directed by the City Man
ager, has fixed ten years as the estimated
life of this improvement.
NOW THEREFORE BE IT OR
DAINED by the Council of the City of
Hamilton, Ohio:
SECTION I: That it is hereby deter
mined to proceed with the improvement
of Bessie Avenue, from Street to
Street, in the First Ward of the City of
Hamilton, Ohio, by constructing sanitary
sewers, house connections, manholes,
etc., where necessary, pursuant to Reso
lution No. 7474 adopted by the Council
on January 19, 1938, and that for the
purpose of paying the cost and expense
thereof there is hereby levied a special
tax upon the several lots and parcels of
land designated in and in accordance
with the estimated assessment prepared
by the Director of Finance as made for
that purpose and recommended to Coun
cil by the Board of Revision of Assess
ments on the 21st day of November, 1938,
and which was made and assessed in
proportion to the benefits which may re
sult from the improvement upon all lots
and lands bounding and abutting upon
the proposed improvement, which lots
and lands are hereby determined to be
specially benefited by said improvement.
SECTION II: That the owners of the
several lots and parcels of land included
In said assessment shall pay the amounts
from them severally due, as shown by
said estimated assessment, to the City
Treasurer within thirty days from and
after the passage of this ordinance, and
in default thereof said tax with interest
at not to exceed six per cent per annum,
payable annually in advance on deferred
payments, shall be made to the County
Treasurer in ten annual installments
With the regular tax of 1939, 1940, 1941,
1942, 1943, 1944, 1945, 1946, 1947 and 1948,
and the Director of Finance is hereby
authorized to certify all unpaid assess
ments to the County Auditor to be re
turned on the tax duplicate.
SECTION III: That bonds or notes of
the City of Hamilton, Ohio, shall be is
sued in anticipation of the collection of
assessments by installments.
SECTION IV: That, the City Manager
be and he Is hereby authorized and di
rected to cause the improvement to be
made through Works Progress Adminis
tration participation and to purchase the
necessary materials, rent necessary
equipment, and employ necessary labor
required to be furnished by the City and
not borne by Works Progress Adminis
tration.
SECTION V: That all claims for dam
ages bv reason of said Improvement shall
be adjusted after the completion of the
same.
SECTION VI: This ordinance shall
take effect and be in full force and effect
from and after the earliest period al
lowed by the charter of the City of Ham
ilton, Ohio.
Passed: November 21, 1938.
R. H. BURKE, Mayor.
Attest: ADELE EDMONDS,
Clerk of Council.
Nov. 25—It
OBDXHANCE HO. 3732
To borrow money by Issuing- note or
notes in anticipation of the issuance of
bonds to be issued in anticipation of
the collection of speoial assessments
to pay the cost and expense of improv
ing Thirteenth Street Alley, from Han
over Street south to Hanover Street
Alley B, in the Fifth Ward of the City
of Hamilton, Ohio, said Thirteenth
Street Alley being the first alley run
ning north and south, west of Thir
teenth Street, by grading and paving
said alley between said points with a
permanent material such as concrete,
asphalt, brick, asphaltic concrete, yfat
renite bitulithic, or any other type ©f
material as may be determined.
BE IT ORDAINED by the Council of
the City of Hamilton, Ohio:
SECTION I: That it is deemed neces*
inary to borrow money in anticipation of
the Issuance of bonds to be issued In an
ticipation of the collection of special as
sessments to pay the cost and expense of
Improving Thirteenth Street Alley, from
Hanvoer Street south to Hanover Street
Allev B, in the Fifth Ward of the City
tif Hamilton, Ohio, said Thirteenth Street
Alley being the first alley running north
and south, west of Thirteenth Street, by
grading and paving said alley between
said points with a permanent material
fcuch as concrete, asphalt, brick, asphal
tic concrete, Warrenite bjtulithic, or any
other type of material as may be deter
mined, as provided in Section 2293-24 of
the General Code of Ohio, in the sum of
$5 04.71, the estimated amount Qf said
assessment.
SECTION II: That the City Manager
and the Director of Finance of the City
of Hamilton, Ohio, shall issue note or
notes for the above amount, Said note
or notes shall bear interest at the rate
not to exceed six per cent per annum, and
shall be dated as of date of the Issuance,
and said note or notes shall be due and
payable on or before two years from the
date thereof. Said note or notes shall
express upqn their face the purpose for
which they were issued, that they were
issued in pursuance to this ordinance
Hlid in accordance with (Section 2293-24
of the Geperal Code of Ohio, and shall
be signed by the City Manager and the
Director of Finance of Hamilton. Ohio,
and sealed with the corporate seal of
Ha Id city.
SECTION HI: That the faith, revenue
and credit of the City of Hamilton, Ohio,
are pledged to the prompt payment of
said notes hereinabove described In ac
cordance with the laws and constitution
of the State of Ohio in the event that
J^~*
SCHEDULE A
SUMMARY OP AMOUNTS REQUIRED FROM GENERAL PROPERTY TAX
APPROVED BY THE BUDGET COMMISSION, AND COUNTY AUDITOR'S ES
TIMATED TAX RATES.
Amount to be
e i v e o
Levies Outside
10-Mill Limita
tion.
Column II
Sinking Fund ...... ... 9,566.30
Bond Retirement Fttnfl..
General Fund
Conservancy Fund 239,921.38
c-'" 5
250,526.80
S
^. ,4
Legal Advertisements
levied by this Council, and what part
thereof is without, and what part within
the ten-mill tax limitation.
THEREFORE BE IT RESOLVED by
the Council of the City of Hamilton, But
ler County, Ohio:
SECTION I: That the amounts and
rates, as determined by the Budget Com
mission in its certification, be and the
same are hereby accepted.
SECTION II: That there be and is
hereby levied on the tax duplicate of
said City for the tax year 1938 the rate
of each tax necessary to be levied within
and without the ten-mill limitation as
follows:
A o u n A
proved by Bud
get Commission
Inside 10 Mill
Limitation.
County Auditor's Es
timate of Tax Rate to
be Levied.
Inside Outside
10-Mill 10-Mill
Limit Limit
Column IV V VI
113,152.99
137,373.81
0.15
1.72
2.09
3.66
3.81
3.81
lowed by the charter of the City of
Hamilton, Ohio.
Passed: November 21, 1938.
R. H. BURKE, Mayor.
Attest: ADELE EDMONDS,
Clerk of Council.
Nov. 25—It
assessments are not levied or bonds are
not issued to provide a fund for the pay
ment of such notes at maturity, there
shall be and is hereby levied upon all of
the taxable property of the City of Ham
ilton, Ohio, in addition to all other taxes,
a direct annual tax sufficient to pay the
interest and to create a sinking fund to
redeem at maturity the above provided
for notes, which tax shall not be less
than the interest and sinking fund tax
required by Section II of Article 12 of
the Constitution. Provided, however,
that in each year that the assessments
anticipated by said notes are payable and
are applicable to the payment of such
interest and principal and are appropri
ated for such purpose, the amount of
such tax shall be reduced by the amount
of the assessment so appropriated. The
amount of said tax to be computed by
the taxing authorities and to be certified
to the proper officers, and the same shall
be levied and collected as other taxes
are levied and collected. Said tax shall
be placed before and in preference to all
other items and for the full amount
thereof, and all funds derived from said
levies hereby required shall be placed
in a separate and distinct fund, which,
together with all interest collected on
the same shall be irrevocably pledged for
the payment of the interest and prin
cipal of said notes when and as the same
fall due.
SECTION IV: That the proceeds aris
ing from the sale of said notes shall be
placed to the credit of the fund for the
payment of said improvement and all
unexpended balances remaining in said
fund after the cost and expense of the
improvement have been paid and the pro
ceeds of all bonds sold in anticipation of
the collection of deferred installments of
assessments and all cash payments of
assessments shall be applied to the pay
ment of said note or notes and interest
thereon until both are fully provided for.
SECTION V: That the Director of Fi
nance be and he is hereby authorized to
issue his warrant to the Treasurer in
payment for the cost of said improve
ment.
SECTION VI: This ordinance shall
take effect and be in force from and after
the earliest period allowed by the charter
the City of Hamilton, Ohio.
1'assed: November 21, 1938.
R. H. BURKE. Mayor.
Attest: ADELE EDMONDS.
Clerk of Council.
Nov. 25—It
BESO&TTTXOKT NO. 7540
Declaring it necessary to improve Boss
Avenue Alley, from Edgewood Avenue
to Lawn Avenue, in the First Ward of
the City of Hamilton, Ohio, by grading
and paving the roadway thereof with
a permanent material such as sheet
asphalt, asphaltic concrete, Warrenite
bitulithic, concrete, brick, or any other
type of material as may be determined,
constructing storm sewers, manholes
and inlet basins where necessary, and
repealing Resolution Number 7459,
passed by the Council of the City of
Hamilton on August 18, 1937.
WHEREAS, the owners of more than
sixty per cent of the foot frontage of the
property on the above-named alley have
petitioned in writing for the improve
ment of Ross Avenue Alley, from Edge
wood Avenue to Lawn Avenue, in the
First Ward of the City of Hamilton,
Ohio, by grading and paving the roadway
thereof with a permanent material such
as sheet asphalt, asphaltic concrete,
Warrenite bitulithic, concrete, brick, or
any other type of material as may be de
termined, constructing storm sewers,
manholes and inlet basins where neces
sary, and that the entire cost and ex
pense for said improvement as Is not
borne by the Works Progress Adminis
tration for the City of Hamilton, Ohio,
fncluding incidental costs such as adver
tising, engineering, inspection, stakes,
etc,, shall be assessed by the foot front
age upon the lots and lands bounding and
abutting upon Ross Avenue Alley, be
tween the points aforesaid, and consent
that the assessment be levied and col
lected without reference to the value of
the property of the subscribers thereto,
and waive all benefits of any statute,
constitution or provision of the charter
of the City of Hamilton, Ohio, limiting
assessments.
NOW THEREFORE
BE
IT
RE­
SOLVED by the Council of the City of
Hamilton, Ohio:
SECTION J: That It is necessary arid
conducive to the public health, conven
ience and welfare that Ross Avenue Al
ley, from Edgewood Avenue to Lawn
Avenue, in the First Ward of the City of
Hamilton, Ohio, be improved by grading
and paving the roadway thereof with a
permanent material such as sheet as
phalt, asphaltic concrete, Warrenite bitu
lithic, concrete, brick, or any other type
of material as may be determined, con
structing storm sewers, manholes and
iplet basins where necessary.
SECTION II: That the grade of said
alley when improved shall be as follows:
Center Line Grade:
Commencing at the intersection of the
center line of Ross Avenue Alley with
the west line of Edgewood Avenue at
elevation 135,50 feet: thence on an as
cending grade of 2,00 feet in 100 feet, for
a distance of 100 feet to elevation 137.50
thence on a descending grade of 3.00 feet
in 100 feet, for a distance of 100 feet, to
elevation 134,50 thence on an ascending
grade of 1,00 feet in 100 feet, for a dis
tance of 100 feet, to elevation 135,50
thence on an ascending grade 4.50 feet in
100 feet, for a distance of 200 feet, to
elevation 144,50 thence on an ascending
grade of 0,64 feet in 100 feet, for a dis
tance of 200 feet, to elevation 1 45.78
thence on an ascending grade, of 1,28 feet
in 100 feet, for a distance of 320 feet to
elevation 149.88 at the Intersection of
said center line with the east line of
Lawn Avenpe,
SECTION III: That the plans, specifi
cations, estimates and profiles of the
proposed improvement heretofore pre
pared by the City Engineer and now on
file in the office of the Director of Pub
lic, Works in the City of Hamilton, Ohio,
be and the same are hereby adopted and
approved.
SECTION IV: That the entire cost and
expense of said improvement as is not
borne by the Works Progress Adminis­
tration for the City of Hamilton, Ohio,
the cost so borne by the Works Progress
Administration for the City of Hamilton,
Ohio, is in excess of two per cent and
cost of intersection, shall be assessed by
the foot frontage upon the following de
scribed lots and lands, to-wit: all lots
and lands bounding and abutting upon
the above improvement, which said lots
and lands are hereby determined to be
specially benefited by said improvement.
The cost shall Include the expense of
preliminary and other surveys and print
ing arid publishing notices, resolutions
and ordinances required, the serving of
said notices, and the cost of construc
tion, together with interest on bonds or
notes issued in anticipation of the col
lection of deferred assessments, and all
other necessary expenditures.
SECTION V: That the assessments so
to be levied shall be paid in ten annual
installments with interest on deferred
payments at the same rate of interest as
shall be borne by the bonds to be issued
in anticipation of the collection thereof,
provided the owner of any property as
sessed may at his option pay such as
sessments in cash within thirty days
after the passage of the assessing or
dinance.
SECTION VI: That notes or bonds,
either or both, of the City of Hamilton,
Ohio, shall be issued in anticipation of
the collection of assessments by install
ments, and in an amount equal thereto.
SECTION VII: That the entire cost of
said improvement as is not borne by the
Works Progress Administration for the
City of Hamilton, Ohio, together with
the cost of any real estate or interest
herein purchased or appropriated, and
the cost and expense of any appropria
tion proceedings therefor, and the dam
ages awarded any owner of adjoining
land and interest therein, and the cost
and expense of such award, shall be paid
bv special assessments.
SECTION VIII: This resolution shall
be certified to the Director of Finance,
who shall thereupon proceed to make an
assessment report In accordance with
the method of assessment provided in
this resolution, as provided for in the
charter of the City of Hamilton, Ohio.
SECTION IX: That Resolution Num
ber 7459, passed by the Council on Au
gust 18, 1937, be and the same is hereby
repealed.
SECTION X: This resolutfon shall
take effect and be in full force and effect
from and after the earliest period al
lowed by the charter of the City of Ham
ilton, Ohio,
Passed: November 21, 1938.
R. H. BURKE, Mayor,
Attest: ADELE EDMONDS,
Clerk of Council.
Nov. 25—It
ORDINANCE NO. 3731
Determining to proceed with the im
provement of Thirteenth Street Alley,
from Hanover Street south to Hanover
Street Alley B, in the Fifth Ward of
the City of Hamilton, Ohio, said Thir
teenth Street Alley being the first alley
running north and south, west of Thir
teenth Street, by grading and paving
said alley between said points with a
permanent material such as concrete,
asphalt, brick, asphaltic concrete, War
renite bitulithic, or any other type of
material as may be determined, and
levying the assessment therefor.
WHEREAS. 1 he Board of Revision of
Assessments has reported to this Council
the necessity for this improvement and
recommended the assessment report filed
with Council by the Director of Finance
after due consideration and public hear
ing: and
WHEREAS, the Director of Public
Works being directed by the City Man
ager, has fixed ten years as the esti
mated life of this improvement.
NOW THEREFORE BE IT OR
DAINED by the Council of the City of
Hamilton, Ohio:
SECTION I: That it is hereby deter
mined to proceed with the improvement
of Thirteenth Street Alley, from Han
over Street south to Hanover Street Al
ley B, in the Fifth Ward of the City of
Hamilton, Ohio, said Thirteenth Street
Alley being the first alley running north
and south, west of Thirteenth Street, by
grading and paving said alley between
said points with a permanent material
such as concrete, asphalt, brick, asphal
tic concrete, Warrenite bitulithic, or any
other type of material as may be deter
mined, pursuant to Resolution No. 7534
adopted by the Council on September 21,
193S, and for the purpose of paying the
ost and expense thereof there is hereby
levied a special tax upon the several lots
and parcels of land designated in arid in
accordance with the estimated assess
ment prepared by the Director of Fi
nance, as made for that purpose, on file
with Council and recommended to Coun
cil by the Board of Revision of Assess
ments on the 21st day of November, 1938,
which was made in proportion to the
benefits which may result from said im
provement upon the following described
lots and lands, to-wit: all lots and lands
bounding and abutting upon the proposed
improvement, which lots and lands are
hereby determined to be specially bene
fited by said improvement.
SECTION II: That the owners of the
several lots and parcels of land included
in said assessment shall pay the amounts
from them severally due, as shown by
said estimated assessment, to the City
Treasurer within thirty days from and
after the passage of this ordinance, and
in default thereof said tax with Interest
at not to exceed six per cent per annum,
payable annually in advance on deferred
payments, shall be paid to the County
Treasurer in ten annual Installments
with the. regular tax of 1939, 1940, 1941,
1942, 1943, 1944, 1945, 194Q, 1947 and 1948,
and the Director of Finance is hereby
authorized to certify all unpaid assess
ments to the County Auditor to be re
turned on the tax duplicate,
SECTION I]I: That bonds or notes of
the City of Hamilton, Ohio, shall be Is
sued in anticipation of the collection of
assessments by installments.
SECTION TV: That the City Manager
be and he Is hereby authorized and di
rected to cause the improvement to be
made through Works Progress Adminis
tration participation and to purchase the
necessary materials, rent the necessary
equipment and employ the necessary la
bor required to he furnished by the City
and not borne by the Works Progress
Administration.
SECTION V: That all claims for dam
ages by reason of said Improvement shall
be adjusted after the completion of the
same,
SECTION "VI: This ordinance shall
take effect and be in full force and effect
from and after the earliest period al
lowed by the charter of the City of Ham
ilton, Ohio,
Passed: November 21, 1938.
R. H. BURKE, Mayor,
Attest: ADELE EDMONDS,
Clerk of Council.
Nov, 25—It
ORDINANCE NO. 3733
Determining to proceed with the im
provement of Erwin Street, from Tftird
Street to Fourth Street, and Fourth
Street Alley, from Dayton Street to
Erwin Street, in the Third Ward of the
City of Hamilton, Ohio, by grading and
paving said alley between said points
with a permanent material such as
concrete, asphalt, brick, asphaltic con
crete, Warreuite bitulithic, or any
other type of material as may he de
termined, and levying the assessment
therefor.
WHEREAS, the Board of Revision of
Assessments has reported to this Coun
cil the necessity for this improvement
and recommended the assessment report
filed with Council by the Director of Fi
nance after due consideration and public
hearing and
WHEREAS, the Director of Public
Works being directed by the City Man
ager, has fixed ten years as the est!
mated life of this improvement.
NOW THEREFORK3 BE IT OR
DAINED by the Council of the City of
Hamilton, Ohio:
SECTION I: That it is hereby deter
mined to proceed with the improvement
of Erwin Street, from Third Street to
w v k/
THE BUTLER COUNTY PRESS
Fourth Street, and Fourth Street Alle:
from Dayton Street to Erwin Street, I
the Third Ward of the City of Hamilton,
Ohio, by grading and paving said alley
between said points with a permanent
materia] such as concrete, asphalt, brick,
asphaltic concrete, Warrenite bitulithic,
or any other type of materi"'. as may be
determined, pursuant to Resolution No.
7529 adopted by the Council on Septem
ber 7, 1938, and for the purpose of pay
ing the cost and expense thereof there is
hereby levied a special tax upon the sev
eral lots and parcels of land designated
in and in accordance with the estimated
assessment prepared by the Director of
Finance, as made for that purpose, on file
with Council and recommended to Coun
cil by the Board of Revision of Assess
ments on the 21st day of November, 1 938,
which was made on the basis of the foot
frontage upon the following described
lots and lands, to-wit: all lots and lands
bounding and abutting upon the proposed
improvement, which lots and lands are
hereby determined to be specially bene
fited by said improvement.
SECTION II: That the owners of the
several lots and parcels of land included
in said assessment shall pay the amounts
from them severally due, as shown by
said estimated assessment, to the City
Treasurer within thirty days from and
after the passage of this ordinance, and
in default thereof said tax with Interest
at not to exceed six per cent per annum,
payable annually in advance on deferred
payments, shall be paid to the County
Treasurer In ten annual installments
with the regular tax of 1939, 1940, 1941,
1912, 1943, 1944, 1945, 1946, 1947 and 1948,
and the Director of Finance is hereby au
thorized to certify all unpaid assess
ments to the County Auditor to be re
turned on the tax duplicate.
SECTION III: That bonds or notes of
the City of Hamilton, Ohio, shall be is
sued in anticipation of the collection of
assessments by installments.
SECTION IV: That the City Manager
be and he is hereby authorized and di
rected to cause the improvement to be
made through Works Progress Adminis
tration participation and to purchase
the necessary materials, rent the neces
sary equipment and employ the neces
sary labor required to be furnished by
the City and not borne by the Works
Progress Administration.
SECTION V: That all claims for dam
ages by reason of said improvement shall
be adjusted after the completion of the
same.
SECTION VI: This ordinance shall
take effect and be in full force and effect
from and after the earliest period al
lowed by the charter of the City of Ham
ilton, Ohio.
Passed: November 21, 1938.
R, H. BURKE, Mayor.
Attest: ADELE EDMONDS,
Clerk of Council.
Nov. 25—It
ORDINANCE NO. 3734
To borrow money by issuing not* or
notes in anticipation of the issuance
of bonds to be issued in anticipation
of the collection of special assessments
to pay the cost and expense of improv
ing Erwin Street, from Third Street to
Fourth Street, and Fourth Street Al
ley, from Dayton Street to Erwin
Street, in the Third Ward of the City
of Hamilton, Ohio, by grading and pav
ing said alley between said points with
a permanent material such as concrete,
asphalt, brick, asphaltic concrete, War
renite bitulithic, or any other type of
material as may be determined.
BE IT ORDAINED by the Council of
the City of Hamilton, Ohio:
SECTION I: That it is deemed neces
sary to borrow money in anticipation of
the issuance of bonds to be issued in an
ticipation of the collection of special as
sessments to pay the cost and expense of
improving Erwin Street, from Third
Street to Fourth Street, and Fourth
Street Alley, from Dayton Street to Er
win Street, in the Third Ward of the City
of Hamilton, Ohio, by grading and paving
said alley between said points with a
permanent material such as concrete, as
phalt, brick, asphaltic concrete, Warren
ite bitulithic, or any other type of ma
terial as may be determined, as provided
in Section 2293-24 of the General Code
of Ohio, in the sum of $1,459.80, the es
timated amount of said assessment.
SECTION II: That the City Manager
and the Director of Finance of the City
of Hamilton, Ohio, shall issue note or
notes for the above amount. Said note
or notes shall bear interest at the rate
not to exceed six per cent per annum,
and shall be dated as of date of the issu
ance. and said note or notes shall be due
and payable on or before two years from
the date thereof. Said note or notes shall
express upon their face the purpose for
which they were issued, that they were
issued in pursuance to this ordinance and
in accordance with Section 2293-24 of the
General Code of Ohio, and shall be signed
by the City Manager and the Director of
Finance of Hamilton, Ohio, and sealed
with the corporate seal of said city.
SECTION 111: That the faith, revenue
and credit of the City of Hamilton, Ohio,
are pledged to the prompt payment of
said notes hereinabove described in ac
cordance with the laws and constitution
of the State of Ohio in the event that
assessments are not levied or bonds are
not issued to provide a fund for the pay
ment of such notes at maturity, there
shall be and Is hereby levied upon all of
the taxable property of the City of Ham
ilton, Ohio, in addition to all other taxes,
a direct annual tax sufficient to pay the
interest and to create a sinking fund to
redeem at maturity the above provided
for notes, which tax shall not be less
than the interest and sinking fund tax
required by Section II of Article 12 of
the Constitution. Provided, however,
that in each year that the assessments
anticipated by said notes are payable and
are applicable to the payment of such
interest and principal and are appropri
ated for such purpose, the amount of
such tax shall be reduced by the amount
of the assessment so appropriated. The
amount of said tax to be computed by
the taxing authorities and to be certified
to the proper officers, and the same shall
be levied and collected as other taxes are
levied and collected. Said tax shall be
placed before and in preference to all
other items and for the full amount
thereof, and all funds derived from said
levies hereby required shall be placed
In a separate and distinct fund, which,
together with all interest collected on
the same shall be Irrevocably pledged for
the payment of the interest and prin
cipal of said notes when and as the same
fall due.
SECTION IV: That the proceeds aris
ing from the sale of said iK»tcs shall be
placed to the credit of the fund for the
payment of said improvement and all un
expended balances remaining in said
fund n(er the cost and expense of the
Improvement have been paid and the
proceeds of all bonds sold in anticipation
of the collection of deferred installments
of assessments and all cash payments of
assessments shall be applied to the pay
ment of said note oi notes and interest
thereon until both are fully provided for.
SECTION V: That the Director of Fi
nance be and he is hereby authorized to
issue his warrant to the Treasurer in
payment for the cost of said improve
ment.
SECTION VI: This ordinance shall
take effect and be in force from and
after the earliest period allowed by the
charter of the City of Hamilton, Ohio.
Passed: November 21, 1938.
R. H. BURKE, Mayor,
Attest: ADELE EDMONDS,
Clerk of Council.
Nov. 25—It
ORDINANCE NO. 3735
Determining to proceed with the im
provement of both Bides of McKinley
Avenue, from Highland Avenue Alley
to Highland Avenue, in the City of
Hamilton, Ohio, by constructing what
is commonly known as boulevard or
white way lighting and secondary
lighting system as necessary, and levy*
ing the assessment therefor.
WHEREAS, the Board of Revision of
Assessments has reported to this Council
the necessity for this improvement and
recommended the estimated assessmen
report filed with Council by the Directoi
of Finance after the consideration and
public hearing and
WHEREAS, the Director of Public
Works, being directed by the City Man
ager, lias fixed ten years as the esti
mated life of this improvement.
NOW THEREFORE BE IT OR
DAINED by the Council of the City of
Hamilton, Ohio, all members thereof con
curring:
SECTION I: That it Is hereby deter
mined to proceed with the improvement
of both sides of McKinley Avenue, from
Highland Avenue Alley to Highland Ave
nue, in the City of Hamilton, Ohio, by
constructing what is commonly known
as boulevard or white way lighting and
secondary lighting system as necessary,
pursuant to Resolution Number 7".3'l,
adopted by the Council on the 7th day
of September, 1938, and that for the pur
pose of paying the cost and expense
thereof there Is hereby levied a special
tax upon the several lots arid parcels of
land designated In and in accordance
with the estimated assessment prepared
by the Director of Finance as made for
that purpose and recommended to Coun
cil by the Board of Revision of Assess
ments on the 21st day of November, 1938,
and which was made in proportion to the
benefits which may result from said im
provement upon the following described
lots and lands, to-wit: all lots and lands
bounding and abutting upon the proposed
improvement, which lots and lands are
hereby determined to be specially bene
fited by said improvement.
SECTION II: That the owners of the
several lots and parcels of land included
in said assessment shall pay the amounts
from them severally due as shown by
said estimated assessment, to the City
Treasurer within thirty days from and
after the passage of this ordinance and
in default thereof said tax with interest
at not to exceed six per cent per annum,
payable annually in advance on deferred
payments, shall be payable to the County
Treasurer in ten annual installments
with the regular tax of 1939, 1940, 1941,
1942, 1 943, 1944, 1945, 1946, 1947 and 1948,
and the Director of Finance is hereby au
thorized to certify all unpaid assess
ments to the County Auditor to be re
turned on the tax duplicate.
SECTION III: That bonds or notes,
either or both, of the City of Hamilton
shall be issued in anticipation of the col
lection of assessments by installments.
SECTION IV: That all claims for dam
ages by reason of said improvement shall
be adjusted after the completion of the
same.
SECTION V: That the City Manager
be and he is hereby authorized and di
rected to make and execute a contract
for said improvement as provided for by
ordinance of the City of Hamilton, Ohio.
SECTION VI: This ordinance shall
take effect and be in full force and effect
from and after the earliest period al
lowed by the charter of the City of Ham
ilton, Ohio.
Passed: November 21, 1938.
R. H. BURKE. Mayor.
Attest: ADELE EDMONDS,
Clerk of Council.
Nov. 25—It
ORDINANCE NO. 3736
To borrow money by issuing note or
notes in anticipation of the issuance
of bonds to be issued in anticipation
of the collection of special assess
ments to pay the cost and expense of
improving both sides of McKinley Ave
nue, from Highland Avenue Alley to
Highland Avenue, in the City of Ham
ilton, Ohio, by constructing what is
commonly known as boulevard or
white way lighting and secondary
lighting system as necessary.
BE IT ORDAINED by the Council of
the City of Hamilton, Ohio:
SECTION I: That it is deemed neces
sary to borrow money in anticipation of
the issuance of bonds to be issued in an
ticipation of the collection of special as
sessments to pay the cost and expense of
improving both sides of McKinley Ave
nue, from Highland Avenue Alley to
Highland Avenue, in the City of Hamil
ton. Ohio, by constructing what is com
monly known as boulevard or white way
lighting and secondary lighting system
as necessary, as provided In Section 2293
24 of the General Code of Ohio, in the
sum of $1,452.81, the estimated amount
of said assessment.
SECTION II: That the City Manager
and the Director of Finance of the City
of Hamilton, Ohio, shall issue note or
notes for the above amount. Said note
or notes shall bear interest at the rate
not to exceed six per cent per annum,
and shall be dated as of date of the is
suance, and said note or notes shall be
due anil payable on or before two years
from the date thereof. Said note or
notes shall express upon their face the
purpose for which they were issued, that
they were issued In pursuance to this
ordinance and in accordance with Sec
tion 2293-24 of the General Code of Ohio,
and shall be signed by the City Manager
and the Director of Finance of Hamilton,
Ohio, and sealed with the corporate seal
of said city.
SECTION III: That the faith, revenue
and credit of the City of Hamilton, Ohio,
are pledged to the prompt payment of
said notes hereinabove described in ac
cordance with the laws and constitution
of the State of Ohio in the event that
assessments are not levied or bonds are
not issued to provide a fund for the pay
ment of such notes at maturity, there
shall be and is hereby levied upon all of
the taxable property of the City of Ham
ilton, Ohio, in addition to all other taxes,
a direct annual tax sufficient to pay the
interest and to create a sinking fund to
redeem at maturity the above provided
for notes, which tax shall not be less
than the Interest and sinking fund tax
required by Section 11 of Article 12 of
the Constitution. Provided, however,
that in each year that the assessments
anticipated by said notes are payable and
are applicable to the payment of such in
terest and principal and are appropriated
for such purpose, the amount of such
tax shall be reduced by the amount of
the assessment so appropriated. The
amount of said tax to be computed by
the taxing authorities and to be certified
to the proper officers, and the same shall
be levied and collected as other taxes
are levied and collected. Said tax shall
be placed before and in preference to all
other items and for the full amount
thereof, and all funds derived from said
levies hereby required shall be placed in
a separate and distinct fund, which,
gether with all interest collected on the
same shall be irrevocably pledged for
the payment of the interest and prin
cipal of said notes when and as the same
fall due.
SECTION IV: That the proceeds aris
ing from the sale of said notes shall be
placed to the credit of the fund for the
payment of said improvement and al
unexpended balances remaining in said
fund after the cost and expense of the
improvement have been paid and the pro
ceeds of all bonds sold In anticipation of
the collection of deferred installments of
assessments and all cash payments of as
sessments shall be applied to the pay
ment of said note or notes and interest
thereon until both are fully provided for.
SECTION V: That the Director of Fi
nance be and he is hereby authorized to
issue his warrant to the Treasurer in
payment for the cost of said improve
ment.
SECTION VI: This ordinance shall
take effect and be in force from and
after the earliest period allowed by the
charter of the City of Hamilton, Ohio.
Passed: November 21, 1938.
R. H. BURKE, Mayor.
Attest: ADELE EDMONDS,
Clerk of Council.
Nov. 25—It
ORDINANCE NO. 3737
An ordinance providing for the issuance
of bonds of the City of Hamilton, Ohio,
for the purpose of paying the city's
share of the cost and expense of im
proving both sides of McKinley Ave
nue, from Highland Avenue Alley to
Highland Avenue, in the City of Ham
ilton, Ohio, by constructing what is
commonly known as boulevard or
white way lighting and secondary
lighting system.
WHEREAS, the Council has requested
the Director of Finance to issue his cer
tificate as to the estimated life of the
property assessed, or the Improvement
proposed to be acquired or constructed
from the proceeds of the bonds herein
after referred to and
I'ity's
ISf^UPSiS^
WHEREAS, the Director of Finance
has certified to this Council the esti
mated life of said Improvement as ten
years and has further certified the max
imum maturity of the bonds hereinafter
provided for at ten years: and
WHEREAS, the Council estimates that
a tax for said bonds will first appear on
the duplicate for the tax year 1939 and
that the final tax settlement of the
County Treasurer next following the in
clusion of a tax for this issue in the an
nual budget of the County Auditor, as
provided for by law, will be obtained
not earlier than the 15th day of Septem
ber, 1940.
NOW THEREFORE BE IT OR
DAINED by the Council of the City of
Hamilton, Ohio:
SECTION I: That it is deemed neces
sary by the Council of the City of Ham
ilton, Ohio, to issue and sell bonds of
said city in the sum of $750.00 in order
to provide a fund for the purpose of pay
ing the City's share of the cost and ex
pense of improving both sides of Mc
Kinley Avenue, from Highland Avenue
Alley to Highland Avenue, in the City of
Hamilton, Ohio, by constructing what is
commonly known as boulevard or white
way lighting and secondary lighting sys
tem, and also for the purpose of pro
viding a fund to pay the interest accru
ing on said bonds previous to the receipt
of taxes from which such interest is to
be ultimately paid.
SECTION II: That It is hereby deter
mined to proceed with the issue of said
bonds In one lot and without issuing
notes in anticipation of the issuance of
said bonds.
SECTION III: That serial bonds of the
City of Hamilton, Ohio, shall be issued
in the sum of $750.00, which amount in
cludes the sum of $18.75 for interest
maturing on said bonds previous to the
receipt of taxes from which such inter
est is to be ultimately paid for the pur
pose aforesaid. Each of said bonds shall
be dated December 1, 1938, and shall
bear interest at the rate of three per
cent per annum, payaflle semi-annually
on the 1st day of April and October in
each year until the principal sum is paid,
upon presentation and surrender of In
terest coupons to be attached to said
bonds bearing the facsimile signature of
the Director of Finance that said bonds
shall mature as follows: $75.00 on the
1st day of October in the years 1940 to
1949, both inclusive, which maturities
are hereby determined to be in substan
tially equal annual installments.
Said bonds shall be issued, executed
and disposed of in accordance with the
general laws of the State of Ohio, par
ticularly the Uniform Bond Act of the
General Code of Ohio.
The principal and interest of said
bonds shall be payable at the office of
the City Treasurer of the City of Ham
ilton, Ohio said bonds shall bear such
consecutive numbers as the Director of
Finance or the proper officers of the City
shall determine, and shall express upon
their face the purpose for which they
are issued and that they are issued in
pursuance of this ordinance, and shall
be signed by the City Manager and the
Director of Finance and sealed with the
corporate seal of said City.
SECTION IV: The proceeds from the
sale of said bonds, except the sum in
cluded in the amount of the issue to the
extent necessary to provide a fund for
the payment of interest accruing on said
lionds previous to the receipt of taxes
from which such interest is to be ulti
mately paid, and the premium and ac
crued interest thereon, shall be credited
to a fund for the purpose of paying the
share of the cost and expense of
constructing what is commonly known
as boulevard or white way lighting and
secondary lighting system on both sides'
of McKinley Avenue, from Highland
Avenue Alley to Highland Avenue, in
the City of Hamilton, Ohio, and for no
other purpose, and shall be disbursed
upon proper vouchers for the purpose
specified herein, for which purpose said
money is hereby appropriated.
SECTION V: That the faith, revenue
and credit of the City of Hamilton, Ohio,
are hereby pledged for the prompt pay
ment of both principal and interest of
said bunds hereinbefore described, in ac
cordance with the laws and constitution
of the State of Ohio.
SECTION VI: For the purpose of pro
viding the necessary fund to pay the in
terest on the foregoing issue of bonds
promptly when and as the same falls
due. and also to provide a fund sufficient
to discharge the said serial bonds at ma
turity. there shall be and is hereby levied
on all of the taxable property of the City
of Hamilton, Ohio, in addition to all other
taxes a direct tax annually during the
period of the time such bonds are to run,
in an amount sufficient to provide funds
to pay the interest upon said bonds as
and when the same falls due, and also
to provide a fund for the discharge of
the principal of said serial bonds at ma
turity, which taxes shall not be less than
he interest and sinking fund tax re
luired by Section II, Article 12, of the
Constitution of the State of Ohio.
Said tax shall be and is hereby ordered
omputed and certified, levied and ex
ended upon the tax duplicate, collected
y the same officials, in the same nian
ter and at the same time as the taxes
or general purposes for each of said
ears are certified, extended and col
ected. Said tax shall be placed before
md in preference to all other items and
or the full amount thereof. The funds
lerived from said tax levy hereby re
[Uired shall be placed in a separate and
listinct fund which together with the
interest collected on the same shall be
rrevocablv pledged for the payment of
principal and interest on said bonds when
and as the same fall due.
SECTION VII: These bonds shall be
subject to call or redemption prior to
maturity at not more than par and ac
crued interest.
SECTION VIII: The Clerk of Council
is hereby directed to forward a certified
copy of this ordinance to the County
Auditor.
SECTION IX: This ordinance shall
take effect and be In full force and effect
from and after the earliest period al
lowed by the charter of the City of Ham
ilton, Ohio.
Passed: November 21, 1938.
R. H. BURKE, Mayor.
Attest: ADELE'EDMONDS,
Clerk of Council.
Nov. 25—it
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Princeton Pike, R. R. 8
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3rd and Court