The Butler County press. [volume], September 29, 1939, Image 3

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R-ESOI.TTTIOIT WO. 7809
resolution to terminate the agreement
between the Board of Connty Com
missioners of Butler County, Ohio, and
the City of Hamilton, Ohio, for the
administration of relief.
WM Kit HAS, the r.oiu'd County Com
missioners of Butler County, Ohio, did
on the 24th day of June, 1939, enter into
an agreement with the City of Hamil
ton, Ohio, to finance and carry on poor
relief in said city and to do any and all
things required of a local relief author
ity by the terms of Sub. H. B. No. 675
and
WHEREAS, said agreement provided
that it might be terminated at any time
by mutual agreement of the parties and
WHEREAS, the Board of County Com
missioners desires to terminate said
agreement effective as of October 1,
1939, and this Council desires to join
with the County Commissioners in the
termination of said agreement.
NOW THEREFORE BE IT RE
SOLVED by the Council of the City of
Hamilton, Ohio:
SECTION 1: That the Council of the
City of Hamilton, Ohio, does hereby an
nounce its intention and does hereby
determine to terminate the agreement
above referred to.
SECTION II: That said agreement be
and the same is hereby terminated and
canceled effective as of October 1, 1939,
and thereafter the City of Hamilton.
Ohio, .shall carry on relief in its local
relief area.
SECTION III: This resolution shall
take effect and be in full force and ef
fect from and after the earliest period
allowed by the charter of the City of
Hamilton, Ohio.
Passed September 20, 1939.
R. H. BURKE, Mayor.
Attest: AD13LE EDMONDS,
Clerk of Council.
Sept. 29—It
BESOX.UTION NO. 7610
Declaring the intention to vacate a
twelve-foot alley running north and
south, from Fairview Avenue north
to a twelve-foot alley, and being the
first alley west of Dixie Highway and
lying between Lot 10993 and Lots
10994 to 10997, both inclusive, in the
Sixth Ward of the City of Hamilton,
Ohio.
BE IT RESOLVED by the Council of
the City of Hamilton. Ohio:
SECTION I: That Council does hereby
declare its intention to vacate the fol
lowing described alley in the Sixth Ward
of the City of Hamilton, Butler County.
Ohio, and being more particularly de
scribed as follows:
A twelve-foot alley running north
and south, from Fairview Avenue
north to a twelve-foot alley, and
being the first alley west of Dixie
Highway and lying between Lot
10993 and Lots 10994 to 10997, both
inclusive, in the Sixth Ward of the
City of Hamilton, Ohio.
SECTION II: That the Director of
Finance shall cause notice of such reso
lution to be served in the manner pro
vided by Section 120 of the charter of
the City of Hamilton, Ohio, upon all
persons whose property abuts upon the
alley affected by the proposed vacation,
that a hearing be had before the Board
of Revision of Assessments of the City
of Hamilton, Ohio, on October 27, 1939,
as provided by the Charter of the City
of Hamilton, Ohio.
SECTION III: This resolution shall
take effect and be in full force and ef
fect from and after the earliest period
allowed by the charter of the City of
Hamilton. Ohio.
Passed: September 20, 1939.
R. H. BURKE, Mayor.
Attest: ADELE EDMONDS.
Clerk of Council.
Sept. 29—It
BSSOX.UTIOK NO. 7611
Declaring- it necessary to improve Hoo
ven Avenue Alley, from Benninghofen
Avenue east to the west line of Lots
1056G and 10589 as the same are known
and designated on the revised list of
lots in the Sixth Ward of the City of
Hamilton. Butler County, Ohio, said
Hooven Avenue Alley being the first
alley south of and parallel to Hooven
Avenue, by grading and paving the
roadway thereof with a permanent
material such as concrete, brick, as
phalt, asphaltic concrete, Warrenite
bitulithic, or any other type of ma
terial as may be determined, and con
structing storm sewers, manholes and
inlet basins where necessary.
WHKItEAS, the owners of tin ire than
sixty per cent of the foot frontage of
the property on the above named alley
have petitioned in writing for the im
provement of Hooven Avenue Alley,
from Benninghofen Avenue east to the
west line of Lots 105G6 and 105S9 as the
same are known and designated on the
revised list of lots in the Sixth Ward
of the City of Hamilton, Butler County,
Ohio, said Hooven Avenue Alley being
the first alley south of and parallel to
Hooven Avenue, by grading and paving
the roadway thereof with a permanent
material such as concrete, brick, as
phalt, asphaltic concrete, Warrenite
bitulithic, or any other type of material
as may be determined, and that the en
tire cost and expense for said improve
ment as is not borne by the Works
Progress Administration for the City
of Hamilton, Ohio, including incidental
costs such as advertising, engineering,
inspection, stakes, etc., shall be assessed
by the foot frontage upon the lots and
lands bounding and abutting upon Hoo
ven Avenue Alley, between the points
aforesaid, and consent that the assess
ment be levied and collected 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 I: That it is necessary and
conducive to the public health, conven
ience and welfare that Hooven Avenue
Alley, from Benninghofen Avenue east
to the west line of Lots 10506 and 10589
as the same are known and designated
on the revised list of lots in the Sixth
Ward of the City of Hamilton, Butler
County, Ohio, said Hooven Avenue Alley
being the first alley south of and parallel
to Hooven Avenue, be improved by grad
ing and paving the roadway thereof
with a permanent material such as con
crete, brick, asphalt, asphaltic concrete,
Warrenite bitulithic, or any other type
of material as may be determined, and
constructing storm sewers, manholes
and inlet basins where necessary.
SECTION II: That the grade of said
alley when Improved shall be as follows:
Center Iilne Grade:
Beginning at the east line of Benning
hofen Avenue at elevation 98.18 feet
thence east on an ascending grade of
1.81 feet in 100 feet for 50 feet to an ele
vation of 99.10 feet thence on a de
scending grade of 0.30 feet In 100 feet
for 80 feet to elevation 98.81 then on
an ascending grade of 0,36 feet in 100
feet for 70 feet to elevation 99.06 then
on a descending grade of 0,54 feet In
100 feet for 150 feet to elevation 98.25
then on an ascending grade of 0.30 feet
in 100 feet for 135 feet to elevation of
98.65 at the west line of City-owned lots
Nos. 10566 and 10589.
SECTION III: That the plans, speci
fications, 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 Hamil
ton, Ohio, is in excess of two per cent
and cost of intersection, and less the
costs of storm sewers, manholes and
inlet basins, which cost, shall be borne
by the City of Hamilton, Ohio, shall be
assessed by the foot frontage upon the
following described 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 In
elude the expense of preliminary and
other surveys and printing and publishi
ng notices, resolutions and ordinances
required, the serving of said notices,
and the cost of construction, together
with interest on bonds or notes issued
in anticipation of the collection of de
ferred assessments, and all other neces
sary 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 prop
rty assessed may at his option pay
such assessments in cash within thirty
days after the passage of the assessing
ordinance.
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, and less the
•osts of storm sewers, manholes and
nlet basins, which cost shall be borne
by the City of Hamilton, Ohio, together
with the cost of any real estate or in
terest herein purchased or appropriated,
md the cost and expense of any- appro
priation proceedings therefor, and the
damages awarded any owner of adjoin
ing 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: This resolution shall
take effect and be in. full force and ef
fect from and after the earliest period
il lowed by the charter of the City of
Hamilton, Ohio.
Passed: September 20, 1939.
R. H. BURKE, Mayor.
Attest: ADELE EDMONDS,
Clerk of Council.
Sept. 29—It
RESOLUTION NO, 7612
Declaring it necessary to improve Ridge
lawn Avenue Alley, from Rhea Avenue
to Gray Avenue, in the First Ward of
the City of Hamilton, Ohio, by grad
ing and paving the roadway thereof
with a permanent material such as
concrete, brick, asphalt, asphaltic con
crete, Warrenite bitulithic, or any
other type of material as may be de
termined.
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 im
provement of Ridgelawn Avenue Alley,
from Rhea Avenue to Gray Avenue, in
the First Ward of the City of Hamilton,
Ohio, by grading and paving the road
way thereof with a permanent material
such as concrete, brick, asphalt, as
phaltic concrete, Warrenite bitulithic,
any other type of material as may be
determined, and that the entire cost and
expense for said improvement as is not
borne by the Works Progress Adminis
tration for the City of Hamilton. Ohio,
including 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 Ridgelawn Avenue
Alley, between the points aforesaid, and
consent that the assessment be levied
and collected 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 I: That it is necessary and
conducive to the public health, conven
ience and welfare that Ridgelawn Ave
nue Alley, from Rhea Avenue to (5ray
Avenue, in the First Ward of the City
of Hamilton, Ohio, be improved by grad
ing and paving the roadway thereof
with a permanent material such as con
crete, brick, asphalt, asphaltic concrete,
Warrenite bitulithic, or any other type
of material as may be determined.
SECTION II: That the grade of said
alley when improved shall be as follows:
Center Line Grade:
Beginning at the north line of Rhea
Avenue at an elevation of 144.S5 feet
thence northerly on an ascending grade
2.55 feet in 100 feet for a distance of
65 feet to an elevation of 146.50 feet:
then on an ascending grade of 0.53 feet
in 100 feet for 85 feet to an elevation
of 146.95 feet then on an ascending
grade of 0.85 feet in 100 feet for 100
feet to an elevation of 147,80 feet then
on an ascending grade of 0.62 foot in
100 feet for ISO feet to an elevation of
148.91 then on a descending grade of
0.30 foot in 100 feet for 70 feet to an
elevation of 148.70 feet at the south
line of Gray Avenue and there termi
nating.
SECTION III: That the plans, speci
fications, estimates, profiles of the pro
posed improvement heretofore prepared
by the City Engineer and now on fib
in the office of the Director of Public
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 Ad
ministration' 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 described 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 In
elude the expense of preliminary and
other surveys and printing and publish
ing notices, resolutions and ordinances
required, the serving of said notices,
and the cost of construction, together
with interest on bonds or notes Issued
in anticipation of the collection of de
ferred assessments, and all other nec
essary expenditures,
SECTION V: That the assessments
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 assessed may at his option pay
such assessments in cash within thirty
days after the passage of the assessing
ordinance.
SECTION VI: That notes or bond!
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 cos
and expense of such award, shall be
paid by special assessments.
SECTION VIII: This resolution shall
be certified o the Director of Finance
who shall thereupon proceed to make
an assessment report in accordance with
the method of assessment provided in
this resolution, aa provided for in the
charter of the City of Hamilton, Ohio.
SECTION IX: This resolution shall
take effect and be In full force and ef
fect from and after the earliest period
allowed by the charter of the City of
Hamilton, Ohio.
Passed: September 20, 1939.
R. H. BURKE, Mayor.
Attest: ADELE EDMONDS,
Clerk of Council.
Sept. 29—It
RESOLUTION NO. 7613
Declaring It necessary to improve Race
Street, from Third Street to Fourth
Street, in the Third Ward of the City
of Hamilton, Ohio, by grading1 and
paving* the roadway thereof wltfr a
permanent material such as concrete,
brick, asphalt, asphaltic concrete,
Warrenite bitulithic, or any other
type of material as may be determined.
WHEREAS, the owners of more than
sixty per cent of the foot frontage of
the property on the above named street
have petitioned in writing for the im
provement of Race Street, from Third
Street to Fourth Street, in the Third
Ward of the City of Hamilton, Ohio,
by grading and paving the roadway
thereof with a permanent material such
as concrete, brick, asphalt, asphaltic
concrete, Warrenite bitulithic, or any
other type of material as may be de
termined, and that the entire cost and
expense for said improvement as is not
borne by the Works Progress Adminis
tration for the City of Hamilton, Ohio,
including 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 Race Street, between
the points aforesaid, and consent that
the assessment be levied and collected
without reference to the value of the
property of the subscribers thereto, and
waive all benefits of any statute, consti
tution 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 I: That it is necessary and
conducive to the public health, conven
ience and welfare that Race Street, from
Third Street to Fourth Street, in the
Third Ward of the City of Hamilton,
Ohio, be improved by grading and pav
ing the roadway thereof with a per
manent material such as concrete, brick,
asphalt, asphaltic concrete, Warrenite
bitulithic, or any other type of material
as may be determined.
SECTION II: That the grade of said
street when improved shall be as fol
lows:
Center Line Grade:
Commencing on the east property line
of Third Street at elevation 94.40 thence
east on an ascending grade of 0.40 foot
in 100 feet a distance of 100 feet to ele
vation 94.80 thence on a descending
grade of 0.60 foot in 100 feet a distance
of 50 feet to elevation 94.50 thence on
a descending grade of 1.40 feet in 100
feet a distance of 50 feet to elevation
93.SO thence on a descending grade of
2.40 feet in 100 feet a distance of 50
feet to elevation 93.60 thence on a de
scending grade of 1.60 feet In 100 feet
a distance of 50 feet to elevation 91.77
thence on a descending grade of 0.88
foot in 100 feet a distance of 100 feet
to elevation 90.89 on the west property
line of Fourth Street.
SECTION III: That the plans, speci
fications, estimates, profiles of the pro
posed improvement heretofore prepared
by the City Engineer and now on file in
the office of the Director of Public
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 Ad
ministration 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 described 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 in
clude the expense of preliminary and
other surveys and printing and pub
lishing notices, resolutions and ordi
nances required, the serving of said
notices, and the cost of construction,
together with interest on bonds or notes
issued in anticipation of the collection
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 prop
erty assessed may at his option pay
such assessments in cash within thirty
days after the passage of the assessing
ordinance.
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 in
terest herein purchased or appropriated,
ind the cost and expense of any appro
priation proceedings therefor, and the
damages awarded any owner of adjoin
ing land and interest therein, and the
cost and expense of such award, shall
be paid by 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: This resolution shall
take effect and be in full force and ef
fect from and after the earliest period
allowed by the charter of the City of
Hamilton, Ohio.
Passed: September 20, 1939.
R. H. BURKE, Mayor.
Attest: ADELE EDMONDS,
THE BUTLER COUNTY PRESS
Le^al Advertisements
Clerk of Council.
Sept. 29—It
ORDINANCE NO. 3845
Authorising and directing the payment
of a claim of Melvln J. Hauser against
the City of Hamilton, Ohio.
WHEREAS, Melvin .1. Hauser has pre
sented to Council his claim against the
City of Hamilton, Ohio, in the amount
of $340.85, alleging that on or about
May 1, 1939, at 6:45 P. M. while driving
his truck south on Seventh Street, cross
ing High and Seventh Streets on the
green light, his truck was hit by the
car operated by the Chief of the Fire
Department while answering a flre
alarm and
WHEREAS, it Is the desire of Council
that said claim be paid and that said
claim Is just and morally due.
THEREFORE BE IT ORDAINED by
the Council of the City of Hamilton,
Ohio:
SECTION I: That the Director of Law
be and he is hereby authorized to settle
the claim of Melvin J. Hauser against
the City of Hamilton, Oh,o, for the sum
of $840.85 as above stated, and that said
sum is hereby ordered and directed to
be paid in full settlement of said claim
against the City of Hamilton, Ohio.
SECTION II: That the Director of
Finance Is hereby authorized and di
rected to issue his warrant in payment
thereof from Contingent Fund Item 110
SECTION III: This ordinance shall
take effect and be in full force and ef
fect from and after the earliest period
allowed by the charter of the City of
Hamilton, Qhio.
Passed: September 20, 1939.
R. H. BURKE, Mayor
Attest: ADELE EDMONDS,
Sept.
Clerk of Council.
29-*—It
ORDINANCE NO. 3846
Determining to proceed with the im
provement of Twelfth Street Alley
from Hanover Street to Hanover
Street Alley B, said Twelfth Street
Alley being the first alley west of and
parallel to Twelfth Street, in the
Fifth Ward of the City of Hamilton,
Ohio, by grading and paving the road
way thereof with a permanent ma
terial such as concrete, brick, asphalt
asphaltic concrete, Warrenite bitu
lithic, or any other type of material
as may be determined, 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
Finance 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 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
in ined to proceed with the Improvement
of Twelfth Street Alley, from Hanover
Street to Hanover Street Alley B, said
Twelfth Street Alley being the first al
ley west of and parallel to Twelfth
Street, in the Fifth Ward of the City
of Hamilton, Ohio, by grading and pav
ing the roadway thereof with a perma
nent material such as concrete, brick,
asphalt, asphaltic concrete, Warrenite
bitulithic, or any other type of material
is nuiy be determined, pursuant to Reso
"ution No. 7592 adopted by Council on
August 2, 1939, and for the purpose of
paying the cost and expense thereof
there is hereby levied a special tax
upon the several lots and parcels of
'and 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 Council by the Board
of Revision of Assessments on the 20th
day of September, 1939, which was made
in proportion to the benefits which may
result from said improvement upon the
following described lots and lands, to
wit: all lots and lands bounding and
abutting upon the proposed improve
ment, 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 or
dinance, 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 an
nual installments with the regular tax
)f 1940, 1941, 1942, 1943, 1944, 1945, 1946,
1947, 1948, and 1949, and the Director of
Finance is hereby authorized to certify
all unpaid assessments to the County
Auditor to be returned on the tax du
plicate.
SECTION III: That bonds or notes of
the City at 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 Admin
istration participation and to purchase
the necessary materials, rent the nec
essary 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 ef
fect from and after the earliest period
allowed by the charter of the City of
Hamilton, Ohio,
Passed: September 20, 1939.
R. H. BURKE, Mayor.
Attest: ADELE EDMONDS,
Clerk of Council.
Sept. 29—It
ORDINANCE NO. 3847
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 Twelfth Street Alley, from
Hanover Street to Hanover Street Al
ley B, said Twelfth Street Alley bein
the first alley west of and parallel to
Twelfth Street, in the Fifth Ward of
the City of Hamilton, Ohio, by grading
and paving the roadway thereof with
a permanent material such as con
crete, brick, asphalt, asphaltic con'
crete, Warrenite bitulithic, or any
other type of material as may be de
termined.
BE IT ORDAINED by the Council of
the City of Hamilton, Ohio:
SECTION I: That it is deemed nec
essary to borrow money in anticipation
of the issuance of bonds to be issued
in anticipation of the collection of spe
cial assessments to pay the cost and ex
pense of improving Twelfth Street Al
ley, from Hanover Street to Hanover
Street Alley B, said Twelfth Street A1
ley being the first alley west of and
parallel to Twelfth Street, in the Fifth
Ward of the City of Hamilton, Ohio, by
grading and paving the roadway thereof
with a permanent material such as con
crete, brick, asphalt, asphaltic concrete,
Warrenite bitulithic, or any other type
of material as may be determined, as
provided in Section 2293-24 of the Gen
eral Code of Ohio, in the sum of $797.46,
the estimated amount of the assessment,
SECTION II: That the City Manage!
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 upon their face
the purpose for which they were issued,
that they were issued in pursuance of
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 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
payment of such notes at maturity,
there shall be and is hereby levied upon
all of the taxable property of the City
of Hamilton, Ohio, in addition to all
other taxes a direct annual tax suffi
cient 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. Pro
vided, however, that in each year that
the assessments anticipated by said
notes are payable and are applicable to
the payment of such interest and prin
cipal and are appropriated for such pur
pose, the amount of such tax shall be
reduced by the amount of the assess
ment 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 arnoun'
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
principal of said notes when 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
proceeds of all bonds sold in anticipa
tion of the collection of deferred in
stallments of assessments and all cash
payments of assessments shall be ap
plied to the payment of said note or
notes and interest thereon until both
are fullv provided for.
SECTION V: That the Director of
Finance be and he is hereby authorized
to issue his warrant to the Treasurer
in payment for the cost of said im
provement.
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: September 20, 1939.
R. H. BURKE, Mayor.
Attest: ADELE EDMONDS,
Clerk of Council.
Sept. 89—It
ORDINANCE NO. 3848
Determining to proceed with tha im
provement of Cereal Avenue Alley,
from Hunter Avenue to North
Street, in the First Ward of the City
of Hamilton, Ohio, by grading and
paving the roadway thereof with a
permanent material such as concrete,
brick, asphalt, asphaltic concrete,
Warrenite bitulithic, or any other
type of material as may be determined,
and levying the assessment therefor.
WHEREAS, the Board of Revision of
Assessment has reported to this Coun
cil the necessity for this improvement
and recommended the assessment re
port filed with Council by the Director
of Finance 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 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 Cereal Avenue Alley, from Hunter
Avenue to North Street, in the First
Ward of the City of Hamilton, Ohio, by
grading and paving the roadway thereof
with a permanent material such as con
crete, brick, asphalt, asphaltic concrete,
Warrenite bitulithic, or any other type
of material as may be determined, pur
suant to Resolution No. 7591 adopted
by Council on August 2, 1939, and for
the purpose of paying the cost and ex
pense thereof there is hereby levied a
special tax upon the several lots and
parcels of land designated in and in ac
cordance with the estimated assessment
prepared by the Director of Finance, as
made for that purpose, on file with Coun
cil and recommended to Council by the
Board of Revision of Assessments on
the 20th day of September, 1939, 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 pro
posed improvement, which lots and
lands are hereby determined to be spe
cially 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 or
dinance, and in default thereof said tax
with interest at not to exceed six per
cent per annum, payable annually in ad
vance on deferred payments, shall be
paid to the County Treasurer in ten an
nual installments with the regular tax
of 1940, 1941, 1942, 1943, 1944, 1945, 1946,
1947, 1948, and 1949, and the Director of
Finance is hereby authorized to certify
all unpaid assessments to the County
Auditor to be returned on the tax du
plicate.
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 Admin
istration participation and to purchase
the necessary materials, rent the nec
essary 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 satne.
SECTION VI: This ordinance shall
take effect and be in full force and ef
fect from and after the earliest period
allowed by the charter of the City of
Hamilton, Ohio.
Passed: September 20, 1939.
R. H. BURKE, Mayor.
Attest: ADELE EDMONDS,
Clerk of Council.
Sept. 29—It
ORDINANCE NO. 3849
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 Cereal Avenue Alley, from
Hunter Avenue to North Street, in
the First Ward of the City of Ham
ilton, Ohio, by grading and paving the
roadway thereof with a permanent
material such as concrete, brick, as
phalt, asphaltic concrete, Warrenite
bitulithic, or any other type of ma
terial 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
anticipation of the collection of special
assessments to pay the cost and expense
of improving Cereal Avenue Alley, from
Hunter Avenue to North Street,
the First Ward of the City of Hamilton,
Ohio, by grading and paving the road
way thereof with a permanent material
such as concrete, brick, asphalt, as
phaltic concrete, Warrenite bitulithic,
or any other type of material as may
be determined, as provided in Section
2293-24 of the General Code of Ohio, in
the sum of $568.00, 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 rat*
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 upon their face
the purpose for which they were issued
that they were issued in pursuance of
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 III: That the faith, revenue
and credit of the City of Hamilton,
Ohio, are pledged to the prompt pay
ment of said notes hereinabove described
in accordance with the laws and consti
tution of the State of Ohio in the event
that assessments are not levied or bonds
are not issued to provide a fund for
the payment of such notes at maturity,
there shall be and is hereby levied upon
all of the taxable property of the City
of Hamilton, Ohio, in addition to all
other taxes a direct annual tax suffl
cient 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 Sec
tion II, of Article 12 of the Constitution
Provided, however, that in each year
that the assessments anticipated by
said notes are payable and are applie
able to the payment of such interest
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 tax
ing 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
principal of said notes when 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 proceeds of all bonds sold in antici
pation of the collection of deferred in
stallments of assessments and all cash
payments of assessments shall be ap
plied to the payment of said note or
notes and interest thereon until both
are fully provided for.
SECTION V: That the Director of
Finance be and he is hereby authorized
i to issue his warrant to the Treasurer
w.* r«
in payment for the cost of said im
provement.
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: September 20, 1939.
R. H. BURKE, Mayor.
Attest: ADELE EDMONDS,
Clerk of Council.
Sept. 29—It
ORDINANCE NO. 3850
Determining to proceed with the im
provement of Cereal Avenue Alley,
from North Street to Baton Road,
in the First Ward of the City of
Hamilton, Ohio, by grading and pav
ing the roadway thereof with a per
manent material such as concrete,
brick, asphalt, asphaltic concrete,
Warrenite bitulithic, or any other
type of material as may be deter
mined, the block from Sherman Ave
nue to Eaton Road to be paved to a
16-foot width only, 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 re
port filed with Council by the Director
of Finance .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 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 Cereal Avenue Alley, from North
Street to Eaton Road, in the First Ward
of the City of Hamilton, Ohio, by grad
ing and paving the roadway thereof
with a permanent material such as con
crete, brick, asphalt, asphaltic concrete,
Warrenite bitulithic, or any other type
of material as may be determined, the
block from Sherman Avenue to Eaton
Road to be paved to a 16-foot width
nly, pursuant to Resolution No. 7595
adopted by Council on August 2, 1939,
and 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 as
sessment prepared by the Director of
Finance, as made for that purpose, on
file with Council and recommended to
Council by the Board of Revision of
Assessments on the 20th day of Sep
tember, 1939, which was made on the
basis of the foot frontage upon the fol
lowing 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 benefited by said improve
ment.
SECTION II: That the owners of the
several lots and parcels of land in
cluded 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 or
dinance, 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 1940, 1941, 1942. 1943, 1944, 1945,
1946, 1947, 1948, and 1949, and the Di
rector of Finance is hereby authorized
to certify all unpaid assessments to the
County Auditor to be returned on the
tax duplicate.
SECTION III: That bonds or notes of
the City of Hamilton, Ohio, shall be
issued 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 Admin
istration participation and to purchase
the necessary materials, rent the nec
essary equipment and employ the nec
essary 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 ef
fect from and after the earliest period
allowed by the charter of the City of
Hamilton, Ohio.
Passed: September 20, 1939.
R. H. BURKE, Mayor.
Attest: ADELE EDMONDS,
Clerk of Council.
Sept. 29—It
GEO. KAPPEL
Practical all-around tailor, would like
to be favored with your patronage, for
Repairing, Altering, Cleaning, Press
ing, Removing Wearshine and Re
lining, 162 N. Street. Will call for.
Give estimates and deliver.
ersills
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