The Butler County press. [volume], June 14, 1946, Image 3

About The Butler County press. [volume] (Hamilton, Ohio) 1900-1946

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0I9XMV01 VO. 4595
AvtkoHitav tad dlmtlaf the City km#
arn to rater lato a contraot with thi
Cincinnati Qti ft Electric Oompuf
for the puoluu* and supply of Oas to
the City of Hamilton, Ohio.
WHEREAS, the City of Hamilton,
Ohio, owns and operates a municipal
~g as plant and system of gas distribu
tion and in order to operate the same and
burnish the city and its inhabitants with
gas it is necessary to procure and pur
chase a supply of gas from others and
WHEREAS, The Cincinnati Gas &
Electric: Company is engaged in the bus
iness of supplying to public and private
consumers and at the present time is
Supplying mixed gas to the City of Ham
ilton, Ohio, for the operation of its Bald
gas plant and system of gas distribu
tion and
WHEREAS, the City of Hamilton,
Ohio, is willing to enter into a contract
with The Cincinnati Gas & Electric Com
pany for the purchase and supply of
mixed gas for the operation of its munic
ipal gas plant and system of gas dis
tribution, upon the terms, conditions and
Htipulations hereinafter set forth.
NOW THEREFORE BE IT ORDAIN
ED by the Council of the City of Hamil
ton, State of Ohio
SECTION I That the City Manager
for and on behalf of the City of Hamil
ton, Ohio, be and he is hereby authorized
and directed forthwith upon the taking
effect of this ordinance, to enter into
a written contract with The Cincinnati
Gas & Electric Company for the pur
chase and supply and delivery of gas to
the City of Hamilton, Ohio, upon the
terms, conditions and stipulations, viz.
(a) The contract between the City
of Hamilton, Ohio, and The Cincinnati
Gas & Electric Company for the pur
chase and supply and delivery of gas
pursuant to the terms, conditions and
stipulations of this ordinance shall be
for a period of one (1) year from and
after July 21, 1946.
(b) The City of Hamilton, Ohio, here
by agrees and shall agree to purchase
and take from The Cincinnati Gas &
Electric Company, and The Cincinnati
Gas & Electric Company hereby agrees
and shall agree to sell and deliver to
the City of Hamilton, Ohio, from and
after July 21, 1946, all the mixed natural
gas and coke oven gas (herein also re
ferred to as "mixed gas") to meet the
full requirements of the city of Hamil
ton, Ohio, at all times in the operation
of its municipal gas plant and system
of gas distribution in supplying gas to
the City of Hamilton, Ohio, and its in
habitants, as herein provided.
(c) The mixed gas purchased, taken
and contracted for by the City of Hamil
ton, Ohio, shall be delivered to and taken
by the City at the present regulator
stations of the City at all times at a
gauge pressure of not less than ten
(10) pounds and taken by the City at
the same point that mixed gas is now
being delivered to the City of Hamilton,
Ohio, by The Cincinnati Gas & Electric
Company, which delivery point is here
in referred to as the established point of
delivery. The quantity of gas purchased
and delivered shall be measured at the
established point of delivery by suitable
measuring devices of standard make to
be furnished and installed by The Cin
cinnati Gas & Electric Company at its
cost, and shall be measured at a pres
sure of eight (8 Oz.) ounces above four
teen and four-tenths (14.4) pounds, at
mospheric pressure, according to the
application of Boyle's Law for the
Measurement of Gas at Varying Pres
sures.
(d) The heat unit quality of the mix
ed gas purchased and delivered shall be
ascertained by means of a recording
calorimeter of standard make to be
furnished, installed and maintained by
The Cincinnati Gas & Electric Company
at the station where the natural gas and
coke oven gas is mixed.
The head of the Department of Pub
lic Utilities of the City of Hamilton,
Xhio, or his successor in authority, or
any duly accredited representative of
the City of Hamilton, Ohio, shall have
access to said Station, and full facili
ties for checking the operation and reg
istration of said calorimeter, and shall
keep informed as to all matters affect
ing or pertaining to the heat unit quali
ty of the mixed gas supplied and deliv
ered, and shall make accurate copies
of the recording charts once a day or
oftener, as may be desired, and shall
keep at the office of the Department of
of Public Utilities of the City an accu
rate and continuous record of the heat
unit quality of the gas throughout each
day of the year.
The City of Hamilton, Ohio, may, at
its option and cost, furnish and install
its own devices in order to check the
registration and determination of both
the quantity and heat unit quality of
the mixed gas so purchased and deliv
ered.
SECTION II Except as hereinafter
provided in Section 5 of this ordinance,
the gas to be purchased, taken and con
tracted for by the City and to be sup
plied and delivered by The Cincinnati
Gas & Electric Company shall be a mix
ed gas composed of natural gas and coke
oven gas manufactured in the by-pro
duct coke oven plant of the Hamilton
Coke & Iron Division of The American
Rolling Mill Company, or a successor
thereto, at New Miami, near the City
of Hamilton, Ohio, in the following pro
portions, viz.: approximately two parts
natural gas and one part coke oven
gas, and shall be so mixed by The Cin
cinnati Gas & Electric Company as to
contain approximately nine hundred
900) British Thermal units to the cubic
foot at the established point of deliv
ery.
SECTION III The City of Hamilton,
Ohio, shall pay and contract to pay The
Cincinnati Gas & Electric Company for
all mixed gas supplied and delivered of
the heat unit quality provided for in
Section 1 of this contract the sum of
Forty-four and one-third (44^,) cents
for each one thousand (1,000) cubic feet
supplied and delivered in the manner
herein provided during the one year
term of said contract.
SECTION IV In case the mixed gas
composed of approximately two parts
natural gas and one part coke oven gas
provided for in Section 2 of this ordin
ance as delivered to and received by
the City of Hamilton, Ohio, for an ag
gregate period of seventy-two (72) hours
tr more, in any calendar month, con
tains a heat unit quality of less than
tight hundred fifty (850) British ther
mal units to the cubic foot at the es
tablished point of delivery, then and
In that event the City of Hamilton,
Ohio, shall receive a discount on the
purchase price of the quantity of mix
fid gas delivered and received during
sa.'d aggregate period of seventy-two
lib) hours or more when the heat unit
quality shall be less than eight hun
dred fifty (850 British thermal units
to the cubic foot, as follows
For said mixed gas delivered and
received during said period containing
between eight hundred fifty (850) and
«even hundred fifty (750) British ther
mal units to the cubic foot, a discount
of five per centum (5%).
For said mixed gas delivered and
Received during said period containing
between seven hundred fifty (750) and
£ix hundred fifty (650) British thermal
tinits to the cubic foot, a discount of
,ten per centum (10%).
(c) For said mixed gas delivered and
tess
ecelved during said period containing
than six hundred fifty (860) Brit
ish thermal units to the cubic foot, a
fHscount of fifteen per centum (1B%).
Nothing herein contained In this Sec
tion 4 shall, however, be qomtractl as
/.permitting The Cincinnati (H* Elec
tric Company to permanently reduce the
"heat unit quality of the mixed fas to be
supplied and delivered to the City of
jHamllton, Ohio, below th« neat unit
-fruality as agreed to be n.\aintained un
ii©r S6
Section 2 of this ordinance.
Cinclnnat
y time after
Electric Company at
is engaged in supplying mixed gas
under the
ito, deems
change the
SECTION V If The Cincinnati Gas
engaged in supply}
*o the City of Hamilton,
^contract made pursuant
It necessary or desirable
iroportions of the mlxc'
thereunder from the baa
tiatural gas and one part
Jw privided for in 8ec(
ordinance. It shall have oi option and
rlffht, u#on giving the OMkfMll of the
..r"
I supplied
two parts
oven gas,
of this
1
City of Hamilton, Ohio, sixty days' writ
ten notice thereof, to supply mixed gas
under said contract, based upon a mix
ture of one part natural gas and one
part coke oven gas, which shall be so
mixed by The Cincinnati Gas & Electric
Company so as to contain not less than
eight hundred (800) British thermal
units to the cubic foot at the establish
ed point of delivery and for all mixed
gas thereafter supplied and delivered to
the City of Hamilton, Ohio, under said
contract, based upon said mixture of
one part natural gas and one part coke
oven gas containing not less than eight
hundred (800) British thermal units to
the cubic foot at the established point
of delivery, the City of Hamilton, Ohio,
shall pay The Cincinnati Gas & Electric
Company the sum of forty-one and one
half (41*40) cents for each one thousand
(1,000) cubic feet of said mixed gas de
livered in the manner herein provided.
Nothing herein contained, however,
shall confer upon or give the City of
Hamilton, Ohio, the option or right to
require The Cincinnati Gas & Electric
Company to supply and deliver mixed
gas under said contract other than mix
ed gas based upon the proportion of two
parts natural gas and one part coke
oven gas, as provided for in Section 2
of this ordinance.
SECTION VI: In case the mixed gas
composed of one part natural gas and
one part coke oven gas provided for
in Section 5 of this ordinance as deliv
ered to and received by the City of Ham
ilton, Ohio, for an aggregate period of
seventy-two (72) hours or more, in any
calendar month contains a heat unit
quality of less than seven hundred fifty
(750) British thermal units to the cubic
foot at the established point of delivery,
then and in that event the City of Ham
ilton, Ohio, shall receive a discount on
the purchase price of the quantity of
mixed gas delivered and received dur
ing said aggregate period of seventy
two hours or more, which the heat unit
quality shall be less than seven hundred
fifty (750) British thermal units to the
cubic foot, as follows:
(a) For said mixed gas delivered and
received during said period containing
between seven hundred fifty (750) and
six hundred fifty (.•50) British thermal
units to the cubic foot, a discount of five
per centum (5%).
(b) For said mixed gas delivered and
received during said period containing
between six hundred fifty (650) and five
hundred fifty (550) British thermal
units to the cubic foot, a discount of ten
per centum (10%).
(c) For said gas delivered and receiv
ed during said period containing less
than five hundred fifty (550) British
thermal units to the cubic foot, a dis
count of fifteen per centum (15%).
Nothing herein contained in this Sec
tion 6 shall, however, be construed as
permitting The Cincinnati Gas & Elec
tric Company to permanently reduce the
heat unit quality of the mixed gas to
be supplied and delivered to the City
of Hamilton, Ohio, below the heat unit
quality as agreed to be maintained un
der Section 5 of this ordinance.
SECTION VII: As soon as practicable
after the end of each calendar month,
The Cincinnati Gas & Electric Company
shall render a bill to the City of Hamil
ton, Ohio, for all gas delivered during
said month, and the City of Hamilton,
Ohio, shall pay said bill within fifteen
(15) days after the rendition thereof.
SECTION VIII: In the event litiga
tion is instituted affecting the validity
of this ordinance, or said contract, The
Cincinnati Gas & Electric Company shall
agree to continue to supply and deliver
mixed gas to the City of Hamilton,
Ohio, to meet its full requirements in
the operation of its municipal gas plant
and system of gas distribution at the
same rate and upon the same terms and
conditions as are now provided for in
Section 3 hereof. Provided, however,
that if for any reason this ordinance
or the contract entered into pursuant
to this ordinance is by final judgment
of a court of competent jurisdiction de
clared void, the City of Hamilton, Ohio,
shall pay The Cincinnati Gas & Electric
Company forty-four and one-third cents
(44%c) for all mixed gas delivered from
July 21, 1946, to the da.e said final judg
ment becomes effective, as provided for
in this ordinance.
SECTION IX: The rates provided here
in include no allowance for any tax
which may be imposed on The Cincinnati
Gas & Electric Company subsequent to
December 31, 1941, by federal, state or
other governmental authorities, on the
basis of the number of thousand cubic
feet produced, transmitted, distributed
or sold, or on the basis of a percentage
of the Company's gross revenues derived
from rendition of gas service to the
City of Hamilton. In the event of the
imposition by any governmental author
ity of any tax on the production, trans
mission, distribution or sale of gas on a
thousand cubic foot basis, the Com
pany shall have the right to increase
its monthly charges for gas to the City
in an amount equivalent to the appli
cable amount of such tax or taxes, cal
culated on the basis of the total number
of M. C. F. supplied to City subsequent
to the effective date of such new tax
or taxes and in the event of the im
position by any governmental authority
of any new or additional tax on the
basis of a percentage of Company's gross
revenues derived from the supply of
gas to City, the Company shall have the
right to add a surcharge to its monthly
bills for gas hereunder in the amount
equivalent to the total amount of such
new or additional tax or taxes on all
gas service supplied to City subsequent
to the effective date of such new tax or
taxes.
Upon the adoption of such new tax
measures by federal, state or other gov
ernmental authorities, the Company will
immediately advise the City the effec
tive date of such new or additional tax
or taxes.
If the Company is exempt from the
payment of such new or additional tax
or taxes on gas produced, transmitted,
distributed and/or sold to the City of
Hamilton or the revenues therefrom,
then this section shall not apply.
SECTION X: The Cincinnati Gas &
Electric Company shall also agree not
to sell or dispose of any gas, mixed or
natural, to any person or corporation
other than the City of Hamilton, Ohio,
located within the boundaries of said
City of Hamilton, Ohio, during the term
of the contract made pursuant to this
ordinance.
SECTION XI: If either the City of
Hamilton, Ohio, or The Cincinnati Gas
& Electric Company fails to perform any
obligation assumed under the contract
entered into pursuant to the terms of
this ordinance, and such failure is due
to a referendum election or elections on
this ordinance, or to acts of God, public
enemies, war, strikes, riots, injunctions
or other interferences through legal pro
ceedings, breakage or accidents to ma
chinery or lines of pipes, washouts,
earthquakes, storms, freezing of lines
or wells, or any cause beyond control,
or as caused by the necessity of making
alterations or repairs to machinery or
lines of pipe, such failures shall not be
deemed to be a violation of the obliga
tions arising thereunder, but each party
shall use due diligence at all times to
again put itself forthwith in position
to carry out all obligations assumed
thereunder.
SECTION XII The contract entered
into pursuant hereto shall inure to, and
all of its obligations shall be binding
upon any of the successors or assigns
of The Cincinnati Sas Electric Com
pany.
SECTION XIII This ordinance shall
take effect and be in full force and ef
fect from and after the earliest period
allowed by law.
Passed: June 5, 1946.
WILLIAM BECKETT, Mayor.
Attest: ADELE EDMONDS, City Clerk.
Biioumoir mo. ma
Declaring it necessary to improve Sipple
Amim Alley A from Stomth street
to Itomfk Street Alley, Sippls Ave
nue Alley from Itorettk Street to
Bemtk Street Alley uA Bleveath
Street Alley from Strata Avenue to
ChramA BMieniA lattendh Wart of
the Olty mt Wilton, Ohio, by graft
ing MM paring the e with a pe»
SMUMM Material mh as Bton9: An*
ykalfc Ommm*
THE BUTLER COUNTY PRESS
Le^al Advertisements
Bitulithic, Concrete, Brick or any
other type of material as may be
determined.
WHEREAS, the owners of more than
sixty per cent of the foot frontage on
Sipple Avenue Alley A from Eleventh
Street to Eleventh Street alley, Sipple
Avenue Alley from Eleventh Street
to Eleventh Street alley, and Eleventh
Street alley from Sipple Avenue to Grand
Boulevard in the Fifth Ward of the City
of Hamilton, Ohio, have petitioned in
writing for the improvement of said al
leys, between the points named, by grad
ing and paving the roadway thereof with
a permanent material, and that the en
tire cost of the improvement, including
city's portion cost, such as advertising,
engineering, inspection, stakes, etc., be
assessed in proportion to the benefits
which may result from the improvement,
upon the lots and lands bounding and
abutting upon said Sipple Avenue Alley
A from Eleventh Street to Eleventh
Street Alley, Sipple Avenue Alley from
Eleventh Street to Eleventh Street Alley,
and Eleventh Street Alley from Sipple
Avenue to Grand Boulevard.
NOW THEREFORE, BE IT RESOLV
ED by the Council of ti e City of Hamil
ton, Ohio:
SECTION I: That it is necessary and
conducive to the public health, conven
ience and welfare that Sipple Avenue
Alley A from Eleventh Street to Eleventh
Street Alley, Sipple Avenue Alley
from Eleventh Street to Eleventh Street
Alley, and Eleventh Street Alley from
Sipple Avenue to Grand Boulevard, in
the Fifth Ward of the City of Hamilton,
Ohio, be improved by grading and pav
ing the same with a permanent material
such as sheet asphalt, asphaltic concrete,
Warrenite bitulithic, concrete, brick or
any other type of material as may be
determined.
SECTION II: That the grade of said
alley when improved shall be as fol
lows
Center Line Grade:
Sipple Avenue Alley A from Eleventh
Street to Eleventh Street Alley:
Beginning on the west line of Eleventh
Street at elevation 95.12, then west on
a descending grade of 1.00 foot in 100
feet for 120 feet to elevation 93.92 at
the east line of Eleventh Street Alley.
Center Line Grade:
Sipple Avenue Alley from Eleventh
Street to Eleventh Street Alley:
Beginning on the west line of Eleventh
Street at elevation 95.12, then west on
an ascending grade 10.00 feet in 100
feet for 30.5 feet to elevation 98.97,
thence continuing west on a descind
ing grade of 0.80 feet in 100 feet for
95.5 feet to elevation 98.49, then west
on a descending grade of 7.30 feet in
100 feet for 30 feet to elevation 96.30
at the east line of Eleventh Street
Alley.
Center Line Grade:
Eleventh Street Alley from Sipple
Avenue to Grand Boulevard:
Beginning at the south line of Sipple
Avenue at elevation 93.48, then south
on an ascending grade of 0.30 feet in
100 feet for 250 feet to elevation 94.23,
then continuing south, on an ascending
grade of 1.56 feet in 100 feet for 50
feet to elevation 95.01, then on an as
cending grade of 1.74 feet in 100 feet
for 100 feet to elevation 96.75, then on
an ascending grade of 2.00 feet in 100
feet for 16 feet to elevation 97.07, then
on a descending grade of 1.53 feet in
100 feet for 34 feet to elevation 96.45,
then on a descending grade of 3.75
feet in 100 feet for 32 feet to eleva
tion 95.25 at the north line of Grand
Boulevard.
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 of the City of Hamilton, Ohio,
be and the same are hereby adopted and
approved.
SECTION IV: That the whole cost of
said improvement shall be assessed in
proportion to the benefits which may
result from the improvement 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 de
termined to be specially benefited by
said improvement, and the cost shall in
clude the expense of preliminary and
other surveys and printing and publish
ing of notices, resolutions and ordinances
required, the serving of said notices, the
cost of construction, together with in
terest on bonds or notes' issued in antici
pation of the collection of deferred as
sessments and all other necessary ex
penditures.
SECTION V: That the assessments to
be levied shall be paid in ten annual in
stallments with interest on deferred
payments at the same rate of interest
as shall be borne by the bonds to be is
sued in anticipation of the collection
thereof, provided the owner of any prop
erty assessed may at his option pay such
assessment in cash within thirty days
after the passing of the assessment
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 together with the
cost of any real estate or interest here
in purchased or appropriated, and the
cost and expense of any appropriation
proceedings therefor, and the damage
awarded any owner of adjoining 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 Direcetor of Finance
who shall thereupon proceed to make an
assessment report in accordance with
the methods of assessment provided in
this resolution and 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 effect
from and after the earliest period al
lowed by the charter of the City of
Hamilton, Ohio.
Passed: June 5, 1946.
WILLIAM BECKETT, Mayor.
Attest: ADELE EDMONDS, City Clerk.
OBDXHAHCE No. 4590
An Ordinance providing for the issuanoe
of 93,035,700.00 of Bonds by the City
of Hamilton, Ohio, for the purpose of
paying the cost and expense of con
structing Sanitary Belief, Trunk, Main
and Intercepting Sewers, Pumping
Stations, Sewage Disposal and Treat
ment Works and all structures inciden
tal thereto, and the expense of tests,
preparation of plans and specifica
tions incidental to the prosecution of
such sewage program for improving
and developing the sewage system of
the City of Hamilton, Ohio, and the
cost of condemning or purchasing the
lands, easements or rights of way
necessary therefor, and paying damag
es incidental thereto, and to furnish
and equip the sewage disposal and
treatment works and structures inci
dental thereto.
WHEREAS, at an election held on the
6th day of November, 1945, on the prop
osition of issuing bonds of the City of
Hamilton, Ohio, in the sum of $2,131,
700.00, for the purpose of paying the
cost and expense of constructing sanitary
relief, trunk, main and intercepting sew
ers, pumping stations, sewage disposal
and treatment works and all structures
incidental thereto, and the expense of
tests, preparation of plans and speci
fication incidental to the prosecution
of such sewage program for improving
and developing the sewage system of
the City of Hamilton, Ohio, and the cost
of condemning or purchasing the lands,
easements or rights of way necessary
therefor, and paying damages incidental
thereto, and to furnish and equip the
sewage disposal and treatment tforks
and structures incidental thereto, and the
levy of taxes outside the ten mill limi
tation to pay the interest and principal
of such bonds, at least 65% of those vot
ing upon the proposition voted in favor
thereof, and this Council proposes to
proceed with the issuance or the second
series of said bonds in the principal
amount of $2,025,700.00 for the purpose
aforesaid, and
WHBRBAS, this Council has request
ed the Director of Finance to issue his
certificate as to the estimated life of
the improvement to be constructed from
the proceeds of the bonds hereinafter
referred to, and said Director of Finance
has certified to said Council such esti
mated life as exceeding five years and
has further certified the miximum ma
turity of such bonds as twenty-five
years,
NOW, THEREFORE, BE IT ORDAIN
ED by the Council of the City of Hamil
ton, Ohio:
SECTION I: That it is necessary to
issue and sell bonds of the City of Ham
ilton, Ohio, in the principal amount of
$2,025,700.00 for the purpose of paying
the cost and expense of constructing
sanitary relief, trunk, main and inter
cepting sewers, pumping stations, sew
age disposal and treatment works and
all structures incidental thereto, and
the expense of tests, preparation of plans
and specifications incidental to the pros
ecution of such sewage program for
improving and developing the sewage
system of the City of Hamilton, Ohio,
and the cost of condemning or purchas
ing the lands, easements or rights of
way necessary therefor, and paying dam
ages incidental thereto, and to furnish
and equip the sewage disposal and treat
ment works and structures incidental
thereto. That such bonds be issued in
series of which the present issue is the
series of Sanitary Sewer and Disposal
1'lant Bonds. Said bonds shall be sub
ject to call for redemption on September
1, 1957, or on any interest payment date
thereafter, at par and accrued interest.
SECTION II: That serial bonds of the
City of Hamilton, Ohio, shall be issued in
said principal amount of $2,025,700.00 for
the purpose aforesaid. All said bonds
shall be dated August 1, 1946, and shall
be of the denomination of $1,000.00 each,
except the first bond which shall be of
the denomination of $700.00 they shall
be numbered as follows: Series B1 to
152026, both inclusive, and shall bear
interest at the rate of not to exceed
four (4%) per cent per annum, payable
semi-annually on the first day of March
and the first day of September of each
year, commencing March 1, 1947, until
the principal sum is paid, provided, how
ever, that if said bonds are sold bearing
a different rate of interest than herein
before specified, said bonds shall bear
such rate of interest as may be pro
vided for in the resolution of Council
approving the award thereof. Said bonds
shall mature in their consecutive serial
order as follows: $81,700.00 on the first
day of September of the year 1947,
$81,000.00 on the first day of September
of each of the years 1948 to 1971, both
inclusive, which maturities are hereby
determined to be in substantially 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 all of said
bonds shall be payable at the office
of the City Treasurer of the City of
Hamilton, Ohio.
SECTION III: That said bonds shall
express upon their face the purpose for
which they are issued that they are
issued in pursuance of this ordinance,
and shall be signed by the City Manager
and Director of Finance and sealed with
the corporate seal of the city. The inter
est coupons attached to said bonds shall
bear the facsimile signature of said
Director of Finance.
SECTION IV: That for the purpose
of providing the necessary funds to pay
the interest on the foregoing issue of
bonds promptly when and as the same
falls due, and also to provide a fund
sufficient to discharge said serial bonds
at maturity, there shall be and is here
by levied on all the taxable property in
the City of Hamilton, Ohio, in addition
to all other taxes, a direct tax annually
during the period said bonds are to run,
outside of the limitations of Section 2 of
Article XII of the Constitution of Ohio,
which tax shall be sufficient in amount
to provide funds to pay the interest on
said bonds as and when the same falls
due, and also to provide for the dis
charge of the principal of said bonds at
maturity and not less than the interest
and sinking fund tax required by Sec
tion 11 of Article XII of the Constitu
tion of Ohio.
Said tax shall be and is hereby ordered
computed, certified, levied and extend
ed upon the tax duplicate and collected
by the same officers, in the same manner
and at the same time that taxes for
general purposes for each of said years
are certified, extended and collected.
Said tax shall be placed before and in
preference to all other items and for
the full amount thereof. The funds de
rived from said tax levies hereby re
quired 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 the principal of said
bonds when and as the same falls due.
SECTION V: That said bonds shall
be first offered at par and accrued in
terest to the Sinking Fund Commission
in its official capacity and if said com
mission refuses to take any or all of
said bonds, then said bonds not so taken
shall be advertised for public sale and
sold in the manner provided by law un
der the direction of the Director of
Finance, but not for less than their par
value and accrued interest the bond sale
advertisement shall state that any one
desiring to do so, may present a bid or
bids for such bonds based upon their
bearing a different rate of interest than
hereinbefore fixed, provided, however,
that where a fractional interest rate is
bid, such fraction shall be one-quarter
of one per cent or a multiple thereof
the amount of the bond or certified check
to accompany bids shall be $20,257.00
the proceeds from the sale of said bonds,
except the premium and accrued inter
est thereon, shall be credited to the
Sanitary Sewer and Disposal Plant Fund,
and used for no other purpose, and shall
be disbursed upon proper vouchers for
the purpose specified herein, for which
purpose said money is hereby appro
priated the premium and accrued in
terest received from such sale shall be
transferred to the Sinking Fund to be
applied to the payment of the principal
and interest of said bonds in the man
ner provided by law.
SECTION VI: The City Clerk is here
bv directed to forward a certified copy
of this Ordinance to the County Auditor.
SECTION VII: That this Ordinance
shall take effect and be in force from
and after the earliest period allowed
by law.
Passed: June 5, 1946.
WILLIAM BECKETT, Mayor.
Attest: ADELE EDMONDS, City Clerk.
OBDXNANCE Ho. 4591
An Ordinance providing for the issuance
of (387,390.00 of Bonds of the City of
Hamilton, Ohio, for the purpose of
paying the cost and expense of Improv
ing and rehabilitating with permanent
Improvements existing playground and
recreation centers, and to purchase
land for and to equip new playgrounds
and recreational centex s with perm
anent Improvements.
WHEREAS, at an election held on the
6th day of November, 1945, on the prop
osition of issuing bonds of the City of
Hamilton, Ohio, in the sum of $439,390.00,
for the purpose of paying the cost and
expense of improving and rehabilitating
with permanent improvements existing
playground and recreation centers, and
to purchase land for and to equip new
playgrounds and recreational centers
with permanent improvements, the levy
of taxes outside the ten mill limitation
to pay the interest and principal of such
bonds, at least 65% of those voting upon
the proposition voted in favor thereof,
and this Council proposes to proceed
with the issuance of the second series
of said bonds in the principal amount
of $387,390.00, for said purpose, and
WHEREAS .this Council has request
ed the Director of Finance TO ISSUE
HIS CERTIFICATE AS TO THE ESTI
MATED LIFE OF THE IMPROVE
MENT TO be constructed from the pro
ceeds of the bonds hereinafter referred
to, and said Director of Finance has
certified to said Council such estimated
life as exceeding five years and has
further certified the maximum maturity
of such bonds as twenty years.
NOW THEREFORE, BE IT ORDAIN
ED by the Council of tlw City of Hamil
ton, Ohio:
SECTION I: That it is necessary to
issue and sell bonds of the City of Hamil
ton, Ohio, in the principal amount of
$387,390.00 for the purpose of paying
the cost and expense of improving and
rehabilitating with permanent improve
ments existing playground and recrea
tion centers, and to purchase land for
and to equip new playgrounds and re
creational centers with permanent im
provements. That such bonds be issued
in series of which the present issue is
the series of Playground and Re
creation Center Improvement Bonds.
Said bonds shall be subject to call for
redemption on September 1, 1957, or* on
any interest payment date thereafter, at
par and accrued interest.
SECTION II: That serial bonds of the
City of Hamilton, Ohio, shall be issued
in said principal amount of $387,390.00
for the purpose aforesaid. Said bonds
shall be dated August 1, 1946, and shall
be of the denomination of $1,000.00 each,
except the first bond, which shall be in
the denomination of $1,390.00 they shall
be numbered as follows: Series B1 to
B387 both inc!usive, and shall bear in
terest at the rate of not to exceed four
(4) per cent per annum, payable semi
annually on the first day of March and
the first day of September of each year,
commencing March 1, 1947, until the
principal sum is paid, provided however,
that if said bonds are sold bearing a
different rate of interest than herein
before specified, said bonds shall bear
such rate of interest as may be provid
ed for in the resolution of Council ap
proving the award thereof. Said bonds
shall mature in their consecutive serial
order as follows: $20,390.00 on the first
day of September of the year 1947,
$20,000.00 on the first day of September
of each of the years 1948 to 1953, both
inclusive, and $19,000.00 on the first
day of September of each of the years
1954 to 1966, both inclusive, which ma
turities are hereby determined to be in
subsetantially 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 all of said
bonds shall be payable at the office of
the City Treasurer of the City of Hamil
ton, Ohio.
SECTION III: That said bonds shall
express upon their face the purpose for
which they are issued: that they are
issued in pursuance of this ordinance,
and shall be signed by the City Manager
and Director of Finance and sealed with
the corporate seal of the city. The inter
est coupons attached to said bonds shall
bear the facsimile signature of said Di
rector of Finance.
SECTION IV: That for the purpose of
providing the necessary funds to pay
the interest on the foregoing issue of
bonds promptly when and as the same
falls due, and also to provide a fund
sufficient to discharge said serial bonds
at maturity, there shall be and is here
by levied on all the taxable property in
the City of Hamilton, Ohio, in addition
to all other taxes, a direct tax annually
during the period of said bonds are to
run, outside of the limitations of Sec
tion 2 of Article XII of the Constitution
of Ohio, which tax shall be sufficient
in amount to provide funds to pay the
interest on said bonds as and when the
same falls due, and also to provide for
the discharge of the principal of said
bonds at maturity and not less than the
interest and sinking fund tax required
by Section 11 of Article XII of the Con
stitution of Ohio.
Said tax shall be and is hereby order
ed computed, certified, levied and ex
tended upon the tax duplicate and col
lected by the same officers, in the same
manner and at the same time that taxes
for general purposes for each of said
years are certified, extended and col
lected. Said tax shall be placed before
and in preference to all other items and
for the full amount thereof. The funds
derived from said tax 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 the principal of said
bonds when and as the same fall due.
SECTION V: That said bonds, shall
be first offered at par and accrued in
terest to the Sinking Fund Commission
in its official capacity, and if said com
mission refuses to take any or all of
said bonds, then said bonds not so taken
shall be advertised for public sale and
sold in the manner provided by law un
der the direction of the Director of
Finance, but not for less than their par
value and accrued interest the bond
sale advertisement shall state that any
one desiring to do so, may present a
bid or bids for such bonds based upon
their bearing a different rate of inter
est than hereinbefore fixed, provided,
however, that where a fractional inter
est rate is bid, such fraction shall be
one-quarter of one per cent or a multi
ple thereof the amount of the bond or
certified check to accompany bids shall
be $3,873.90 the proceeds from the sale
of said bonds, except the premium and
accrued interest thereon, shall be credit
ed to the Playground and Recreation
Center Improvement Fund, and used for
no other purpose, and shall be disbursed
upon proper voucher for the purpose
specified herein, for which purpose said
money is hereby appropriated: the prem
ium and accrued interest received from
such sale shall be transferred to the
Sinking Fund to be applied to the pay
ment of the principal and interest of
said bonds in the manner provided by
law.
SECTION VI: The City Clerk is here
by directed to forward a certified copy
of this ordinance to the County Auditor.
SECTION VII: That this ordinance
shall take effect and be in force from
and after the earliest period allowed by
law.
Passed: June 5, 1946.
WILLIAM BECKETT, Mayor.
Attest: ADELE EDMONDS, City Clerk.
OBDXNANCE No. 4589
An Ordinance providing for the issuance
of $105,000.00 of Bonds of the City of
Hamilton, Ohio, for the purpose of
paying the cost and expense of con
structing a Municipal Incinerator
Plant and properly furnishing and
equipping the same.
WHEREAS, at an election held on
the 6th day of November, 1945, on the
proposition of issuing bonds of the City
of Hamilton, Ohio, in the sum of $105,
000.00, for the purpose of paying the
cost and expense of constructing a mun
icipal incinerator plant and properly fur
nishing and equipping the same, and the
levy of taxes outside the ten mill limi
tation to pay the interest and principal
or such bonds, at least 65% of those
voting upon the proposition voted in
favor thereof, and this Council proposes
to proceed with the issuance of the first
series of said bonds in the principal
amount of $105,000.00, for the purpose
of constructing a municipal incinerator
plant and properly furnishing and eyuip
ping the same, and
WHEREAS, this Council has request
ed the Director of Finance to issue his
certificate as to the estimated life of
the improvement to be constructed from
the proceeds of the bonds hereinafter
referred to, and said Director of Finance
has certified to said Council such esti
mated life as exceeding five years and
has further certified the maximum ma
turity of such bonds as twenty-two
years.
NOW THEREFORE, BE IT ORDAIN
ED by the Council of the City of Hamil
ton, Ohio:
SECTION I: That it is necessary to
issue and sell bonds of the City of Ham
ilton, Ohio, in the principal amount of
$105,000.00 for the purpose of paying
the cost and expense of constructing a
municipal incinerator plant and proper
ly furnishing and equipping the same.
That such bonds be issued as Incinerator
Plant and Equipment Bonds. Said bonds
shall be subject to call for redemption
on September 1, 1957, or of any inter
est payment date thereafter, at par and
accrued interest.
SECTION II: That serial bonds of the
City of Hamilton, Ohio, shall be issued
in said principal amount of $105,000.00
for the purpose aforesaid. Said bonds
shall be dated August 1, 1946, and shall
be of the denomination of $1,000.00 each
they shall be numbered as follows:
Series 1 to 105, both inclusive, and shall
bear interest at the rate of not to ex
ceed four (4%) per cent per annum,
payable semi-annually on the first day
of March and the first day of Septem
ber of each year, commencing March 1,
1947, until the principal such is paid,
provided, however, that if said bonds
are sold bearing a different rate of in
terest than hereinbefore specified, said
bonds shall bear such rate of interest
as may be provided for in the resolution
of Council approving the award thereof.
Said bonds shall mature in their consec
utive serial order as follows: $5000.00
on the first day of September of each of
the years 1947 to 1963 inclusive, and
$4000.00 on the first day of September
of each of the years 1964 to 1968, both
inclusive, which maturities are hereby
determined to be in substantially equal
annual installments.
Said bonds shall be issued, executed
and disposed of in accordance with the
genera] laws of the State of Ohio, par
ticularly the Uniform Bond Act of the
General Code of Ohio.
The principal and interest of all of
said bonds shall be payable at the of
fice of the City Treasurer of the City
of Hamilton, Ohio.
SECTION III: That said bonds shall
express upon their face the purpose for
which they are issued that they are is
sued in pursuance of this ordinance, and
shall be signed by the City Manager and
Director of Finance and sealed with the
corporate seal of the city. The interest
coupons attached to said bonds shall bear
the facsimile signature of said Director
of Finance.
SECTION IV: That for the purpose
of providing the necessary funds to pay
the interest on the foregoing issue of
bonds promptly when and as the same
fulls due, and also to provide a fund
sufficient to discharge said serial bonds
at maturity, there shall be and is here
by levied on all the taxable property
in the City of Hamilton, Ohio, in addi
tion to all other taxes, a direct tax an
nually during the period said bonds are
to run, outside of the limitation of Sec
tion 2 of Article XII of the Constitu
tion of Ohio, which tax shall be suf
ficient in amount to provide funds to
pay the interest and said bonds as and
when the same falls due, and also to
provide for the discharge of the prin
cipal of said bonds at maturity and not
less than the interest and sinking fund
tax required by Section 11 of Article
XII of the Constitution of Ohio.
Said tax shall be and is hereby ordered
computed, certified, levied and extended
upon the tax duplicate and collected by
the same officers, in the same manner
and at the same time that taxes for gen
eral purposes for each of said years are
certified, extended and collected. Said
tax shall be placed before and in pref
erence to all other items and for the
full amount thereof. The funds derived
from said tax levies hereby required
shall be placed in a separate and dis
tinct fund, which, together with all
interest collected on the same, shall be
irrevocably pledged for the payment of
the interest and the principal of said
bonds when and as the same fall due.
SECTION V: That said bonds shall be
first offered at par and accrued inter
est to the Sinking Fund Commission in
its official capacity and if said commis
sion refuses to take any or all of said
bonds, then said bonds not so taken shall
be advertised for public sale and sold in
the manner provided by law under the
direction of the Director of Finance, but
not for less than their par value and
accrued interest: the bond sale adver
tisement shall state that any one desir
ing to do so, may present a bid or bids
for such bonds based upon their bearing
a different rate of interest than herein
before fixed, provided, however, that
where a fractional interest rate is bid,
such fraction shall be one-quarter of one
per cent or a multiple thereof: that the
amount of the bond or certified check
to accompany bids shall be $1,050.00
the proceeds from the sale of said bonds,
except the premium and accrued inter
est thereon, shall be credited to the In
cinerator Plant and Equapment Fund,
and used for no other purpose, and shall
be disbursed upon proper vouchers for
the purpose specified herein, for which
purpose said money is hereby appro
priated the premium and accrued inter
est received from such sale shall be
transferred to the Sinking Fund to be
applied to the payment of the principal
and interest of said bonds in the manner
provided by law.
SECTION VI: The City Clerk is here
by directed to forward a certified copy
of this Ordinance to the County Auditor.
SECTION VII: That this Ordinance
shall take effect and be in full force
from and after the earliest period al
lowed by law.
Passed: June 5, 1946.
WILLIAM BECKETT, Mayor.
Attest: ADELE EDMONDS, City Clerk.
EMERGENCY ORDINANCE No. 4593
An Ordinance approving plans and spec
ifications for Improving the Electric
Power and I,lght Plant and Distribu
tion system of the City of Hamilton,
Ohio, prepared by the Proehlich &
Emery Engineering Company cover
ing contracts Number El, E2, E3, E4,
E5, E6.
WHEREAS, the subject matter here
in contained constitutes an emergency
in that the improvement and betterment
to be made to the electric power and
light plant and distribution system of
the City of Hamilton, Ohio, are imme
diately necessary for the daily opera
tion of said plant so as to provide for
the public safety and welfare of the
citizens of Hamilton, Ohio.
THEREFORE BE IT ORDAINED by
the Council of the City of Hamilton,
Ohio:
SECTION I: That the plans and spec
ifications for the improvement of the
electric power and light plant and dis
tribution system of the City of Hamil
ton, Ohio, prepared by The Froehlich &
Emery Engineering Company, covering
Contracts Number El, E2, E3, E4, E5,
E6, Substations in East Hamilton and
Lindenwald areas, are hereby approved
and adopted.
SECTION II: This ordinance is here
by declared to be an emergency measure
and shall be in full force and effect
from and after its passage.
Passed: June 5, 1946.
WILLIAM BECKETT, Mayor.
Attest: ADELE EDMONDS, City Clerk.
RESOLUTION No. 7971
A Resolution repealing Resolution No.
7970 declaring it necessary to Improve
Sipple Avenue Alley A from Eleventh
Street to Eleventh Street Alley, Sip
ple Avenue Alley from Eleventh
Street to Eleventh Street Alley and
Eleventh Street Alley from Sipple
Avenue to Grand Boulevard In the
Pifth Ward of the City of Hamilton,
Ohio, by grading and paving the same
with a permanent material such as
Sheet Asphalt, Asphaltic Concrete,
Warrenite Bitulithic, Concrete, Brick
or any other type of material as may
be determined.
BE IT RESOLVED by the Council of
the City of Hamilton, Ohio:
SECTION I: That Resolution No.
7970 declaring it necessary to improve
Sipple Avenue Alley A from Eleventh
Street to Eleventh Street Alley, Sipple
Avenue Alley from Eleventh Street to
Eleventh Street Alley, and Eleventh
Street Alley from Sipple Avenue to
Grand Boulevard in the Fifth Ward of
the City of Hamilton, Ohio, by grading
and paving the same with a permanent
material such as sheet asphalt, asphaltic
concrete, Warrenite bitulithic, concrete,
brick or any other type of material as
may be determined, be and the same is
hereby repealed.
SECTION II: 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: June 5, 1946.
WILLIAM BECKETT, Mayor,
•^ttfst: ADELE EDMONDS, City Clerk.
OBDXNANCB No. 4994
An Ordinance to make appropriftttMM for
a contract between the fHuotunntl 9M
Bloetrlc Company and the City of
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