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Ord. No. 48442.

By Mr. Townes.

An ordinance to issue bonds in the Sum of five hundred thousand ($500,00) dollars, for the purpose of erecting electric light works, and for supplying light to the incorporation and inhabitants thereof, and for purchasing the nacessary land therefor.

Passage recommended by the diector of public utilities, director of France and director of law, committee on appropriations and finance and public utilities.

Read first time in full.

The rules were suspended.
Yeas 26, nays 0.

Read second and third times.
Passed as an emergency measure.
Yeas 26, nays 0.

Ord. No. 48443.

By Mr. Sulzmann.

An ordinance to issue bonds in the sum of $800,000.00 for the purpose of erecting and constructing a pub

lic hall for auditorium and exposition purposes and for purchasing or condemning the necessary land therefor.

Passage recommended by the director of parks and public property, director of finance and director of law, committee on appropriations, finance and city property, as an emergency measure.

Read first time in full.
The rules were suspended.
Yeas 26, nays 0.

Read second and third times.
Passed as an emergency measure.
Yeas 26, nays 0.
Ord. No. 48444.
By Mr. Caldwell.

An ordinance authorizing the director of public service to enter into contract and to expend a sum not to exceed seven thousand ($7,000.00) dollars for the construction of a sewer in the extension of Carnegie ave. S. E., from E. 89th st. to E. 100th st.

Passage recommended by the director of public service, finance and director of law as an emergency measure.

Read first time in full.
The rules were suspended.
Yeas 26, nays 0.

Read second and third times.
Passed as an emergency measure.
Yeas 26, nays 0.

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Ord, No. 48060.

An ordinance to accept the dedication of E. 117th st., from Durant ave. N. E. to Temblett ave. N. E.

Passage recommended by the director of public service, committee on streets and director of law. Read second time. Ord. No. 48244.

An ordinance determining to proceed with the construction of a water main and its necessary appurtenances in Pawnee ave. N. E., from the E. L. of E. 185th st. to the W. L. of E. 200th st., and to assess a tax therefor, as per estimated assessment No. 2987. G. R. 10576.

Passage recommended by the director of public utilities, committee on streets, taxes and assessments, director of finance and director of law.

Read second time.
Ord. No. 48245.

An ordinance determining to proceed with the construction of a water main and its necessary appurtenances in Watterson ave. S. E., from E. 123rd st. to E. 131st st., and assess a tax therefor, as per estimated assessment report No. 2986. G. R. 10574.

Passage recommended by the director of public utilities, committee on streets, taxes and assessments, director of finance and director of law.

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THIRD READING RESOLUTION
File No. 48042.

By Mr. Thompson.
Resolved,

that the director of finance, by and with the concurrence of the board of revision of assessments, be and he is hereby au...orized and directed to abate all the taxes assessed for the sewer connections on Pratt ave. S. E. listed in the name of T. A. Fleming, and described as follows:

Subdivision, Fenton, original lot No. 465, sublot 15, E. P. 80.50 feet, Pratt ave., amount assessed $23.88.

The reason for this abatement is, that Mr. Fleming is the owner of land abutting upon Pratt ave., through which the city has constructed a sewer, and he is agreed to furnish the required easement for the consideration that he be not obliged to pay for the two sewer connections. (G. R. 1314).

Read third time. Adopted.
Yeas 26, nays 0.

GENERAL RESOLUTION

ADOPTED

File No. 48414.

Mr. Rolf.

ern

Be it resolved by the council of the city of Cleveland: That the director of law be, and he is, hereby requested to advise this council as to the rate of fare which can lawfully be charged and collected from the passengers riding on cars of The Cleveland, Painesville & EastRailway Company, from the public square to the easterly limits of the city of Cleveland and from the easterly limits of the city of Cleveland to the public square, both on the Euclid ave. main line and also on the shore line now used by said Cleveland, Painesville & Eastern Railway Company. Adoption recommended by committee on street railways,

Read third time. Yeas 26, nays 0.

Adopted.

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Whereas, Almighty God in His wisdom has called from this life Griffith C. Barnes, a former member of this body; and

Whereas, Griffith C. Barnes rendered distinguished services to this city while a member of this body; now, therefore,

Be it resolved by the council of the city of Cleveland, state of Ohio: That we express our heartfelt sympathy to the bereaved family and relatives of Griffith C. Barnes; and

Be it further resolved, that a copy of this resolution be spread upon the journal of the council and copy sent to the family of the deceased and Army and Navy Post

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File No. 48448.

W.

In the Council of the City of Cleveland.

Resolution by Mr. Gahn.

Whereas, there is a general impression on the part of the public that under present administration of criminal law grave defects have developed with reference to securing the prompt trial, conviction and punishment of offenders; and

Whereas, it is apparent that the present system of fixing the amount of bonds in criminal cases and securing collection on them when forfeited is unsatisfactory; and

Whereas, it may be possible for the council of the city of Cleveland to assist in remedying these conditions by the enactment of additional legislation;

Now, therefore, be it resolved, that the council hereby requests the judges of the court of common pleas and municipal court of Cleveland to make a thorough investigation of the administration of criminal law in this county, and hereby tenders to said judges its unreserved cooperation and support in the establishment of any remedial measures which they may deem proper and necessary.

Be it further resolved, that a of council committee composed three of its members be appointed by the president of the council to present this resolution to said judges.

Adopted.

The chair

appointed Messrs,

Townes, Hinchliffe and Sulzmann as such committee.

File No. 48449.
Mr. Hinchliffe.

Whereas, the crime situation in Cleveland has established the existence of many undesirable conditions and practices; and

Whereas, this council, by amending present ordinances or passing new ordinances, may be instrumental in eliminating such conditions and practices; therefore, be it

Resolved, by the council of the city of Cleveland, that a committee of five members of this council be appointed to investigate and report upon the crime situation and matters connected therewith, with the view of determining causes of such undesirable conditions and practices, and what legislative action may be taken to effect a remedy therefor;

Resolved, further, that such committee shall have, and are hereby given, all the powers enumerated in section 47 of the city charter in making such investigation,

The chair appointed Messrs. Caldwell, Stannard, Hinchliffe, Rolf and Gahn as such committee.

SECOND READING RESOLUTIONS
File No. 47887.
Mr. Caldwell,

Resolution authorizing and directing the director of public service to enter into an agreement for sewer outlet privileges with Cleveland

Heights village.

Whereas, the village of Cleveland Heights has requested permission to connect a portion of its sewer system with the outlet sewer system of the city of Cleveland; and

Whereas, the outlet sewer system of the city of Cleveland is deemed of adequate size to provide for the additional area to be drained from the village of Cleveland Heights; now, therefore,

Be it resolved by the council of the city of Cleveland, state of Ohio: That the director of public service be and he is hereby authorized and directed to enter into an agreement with the village of Cleveland Heights in the following form, towit:

AGREEMENT

SEWER OUTLET PRIVILEGE AND
CONSTRUCTION COST. CLEVE-
LAND HEIGHTS VILLAGE
This agreement made and con-
cluded this.
.day of..

A. D., 1918, by and between the city
of Cleveland, by its director of pub-
lic service, in that behalf duly au-
thorized, by resolution file No.
of the council of the city of Cleve-
land, adopted on the
..day of
191. party of the
first part, and the village of Cleve-
land Heights, by its mayor and
clerk, in that behalf duly authorized,
by resolution file No.
of the
council of the said village, adopted
on the... ..day of.
191.., party of the second part;

Witnesseth: That in consideration
of the sum of seven hundred and
seventy-five ($775.00) dollars, an-
nually to be paid in advance by the
second party to the first party, the
said first party hereby agrees to
allow the said second party to drain
that portion of its sewer system,
known as Ambler Heights, through
the sewer system of the said first
party, as shown upon the plan at-
tached hereto and made a part
hereof as "Exhibit A."

sum

of

The above mentioned
seven hundred and seventy-five
($775.00) dollars is a calculated por-
tion of the estimated total annual
cost of the sewer system, including
the construction required for sewage
treatment purposes, of the said first
party, proportioned in the ratio of
the tax value of the real estate.

Should the sewage from the ter-
ritory shown upon the blue print
attached hereto, or any portion of
said territory, be treated at the
purification works of the party of
the first part, at any time during the
period of this agreement, it is here-
by further mutually agreed that the
second party shall pay to the first
party, its proportionate share of the
cost of said treatment, said cost to
be determined by the commissioner
of engineering of the first party.

It is hereby further mutually agreed that in consideration of the sum of four hundred and eightynine ($489.00) dollars to be paid by the second party to the first party, the said first party hereby agrees to allow the said second party to use the so-called Mapleside dr. sewer, marked "AA" on the attached plan, as a sanitary and storm water sewage outlet for the Chestnut Hill dr. sewers. Said payment by said party of the second part to said party of the first part to be made within ninety (90) days after the execution of this agreement.

It is hereby further mutually agreed that in the event of a sewer being required in that portion of Chestnut Hill dr. lying partially in both municipalities, as shown upon the attached plan, and marked "BB," both municipalities will participate in the cost of the construction of the said sewer in equal amounts, either

by means of a joint contract in which one-half of each estimate is paid by each party, or by means of one party depositing with the other a sufficient sum to cover its portion of the cost of constructing the said

sewer.

It is hereby further mutually agreed that the prices herein fixed as sewer rental to be paid by the second party shall continue for a period of two (2) years from June 1st, 1918, and thereafter a price shall be fixed for like periods, to the satisfaction of both parties to this fixed the agreement, and until so rental herein mentioned shall remain operative.

Should the second party fail to make any of the payments as herein provided, said second party shall be deprived of the use of the sewer system by said first party, and said first party may disconnect the sewer of the second party within thirty (30) days after giving notice in writing to the second party of its intention so to do.

It is hereby further mutually agreed and understood that the plan of the connection herein agreed upon and any changes in the drainage area of the portion of the sewer system of the second party to be connected under the terms of this agreement, shall be such as will meet the approval of the commissioner of engineering of the first party.

Should the amount of sewage delivered to the sewer system of the first party by the sewer system of the second party become in the opinion of the commissioner of engineering of the first party, excessive, it is hereby further mutually agreed that the second party shall, upon six (6) months notice in writing from the first party, disconnect its sewers from the sewers of the first party, or shall reduce the amount of sewage delivered to such an amount as in the opinion of the said commissioner can be taken care of by the sewer system of the said first party.

Adoption recommended by the director of public service, committee on sewers and sidewalks and judiciary and director of law. Read second time. File No. 48043.

By Mr. Townes.

Resolution approving surveys, plans, profiles, cross-sections, estimates and specifications for the improvement of Harvard rd. No. 3 and declaring the necessity for such improvement.

Be it resolved by the council of the city of Cleveland, state of Ohio (three-fourths of all members elected thereto concurring):

Section 1. That the surveys, plans, profiles, cross-sections, estimates and specifications for the improvement of Harvard rd. No. 3, from the east approach of the Denison-Harvard bridge to Jennings ave., in Newburgh Heights village and the city of Cleveland, Cuyahoga county, Ohio, submitted to the council of the city of Cleveland by the county commissioners of Cuyahoga county, Ohio, be and the same are hereby approved.

Sec. 2. It is further determined and declared by the council of said city of Cleveland, that the improvement is necessary for the public convenience and welfare.

Sec. 3. Consent is hereby given to said county commissioners of Cuyahoga county, Ohio, to construct said of improvement within city the Cleveland, and said city agrees to pay 13.5% of the total cost and expense of said improvement, or $4,840.56, and the director of public service of said city is hereby au

thorized to execute such agreement on behalf of the city of Cleveland,

Sec. 4. The clerk of the city of Cleveland is hereby directed to publish in a newspaper of general circulation within said city, notice to the effect that consent has been given for the making of said improvement and that an agreement has been entered into with the county commissioners of Cuyahoga county, Ohio, agreeing as to the proportion of said improvement to be paid by the city of Cleveland, Ohio. Said notice shall further state that said surveys and profiles have been approved and are on file with the council of the city of Cleveland and that claims for compensation or damages, if any, on account of said proposed improvement, shall be filed with the clerk of the council on or before the date fixed in said notice. Said claims for compensation and damages shall be in writing and all claims not filed on or before said date shall be barred, except as to minors and other persons under disability.

the

Sec. 5. That when general bonds of the city of Cleveland have been sold for the said city's portion of said cost and expense as above, and the proceeds thereof are in treasury of the city of Cleveland, the director of finance be and he is hereby authorized and directed to issue a warrant payable to the treasurer of the county of Cuyahoga, Ohio, for the sum of four thousand eight hundred and forty dollars and fifty-six cents ($4,$40.56), and said warrant shall specify the purpose for which it is drawn.

Sec. 6. If after the completion of said improvement and the payment of the cost and expense thereof, any balance of the funds contributed by the city of Cleveland shall remain in the treasury of the County of Cuyahoga, the same shall be refunded to the said city of Cleveland to be disposed of according to law.

Sec. 7. That this resolution shall take effect and be in force from and after the earliest period allowed by law.

Adoption recommended by the director of public service, committee on streets, city plan commission and director of law when amended as follows:

In section 1, line 5, strike out the words "Newburgh Heights" and insert in lieu thereof the words "Cuyahoga Heights."

In section 3, line 4, strike out the figures "13.5% and insert in lieu thereof "10%."

In section 3, line 5, strike out the figures "$4,840.56" and insert in lieu thereof "$3,585.60."

In section 5, lines 7, 8 and 9,
strike out the words and figures
"four thousand eight hundred and
forty dollars and fifty-six cents
($4.840.56)" and insert in lieu there-
of the words and figures "three
thousand five hundred and eighty-
five dollars and sixty cents ($3,-
585.60)."

Amendments agreed to.
Read second time.

File No. 48375.

Mr. Rolf.

Resolved, that finance be and he is hereby authorized and directed to abate all the taxes for the years 1918, 1919. 1920, 1921 and 1922, assessed by ordinance No. 46616, passed April 1st, 1916, for E. 136th st. sewer from Eaglesmere ave. N. E. to Othello ave. N. E., upon the following described property, listed in the name of Henry C. Wick, and described as follows:

the director of

Subdivision, Henry C. Wick, original lot 351, sublot block A, all 50

feet Othello ave.

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FIRST READING RESOLUTIONS
File No. 48452.
Mr. Rolf.

Resolved, that the director of finance be and he is hereby authorized and directed to abate all the taxes for the years 1917, 1918, 1919, 1920 and 1921, assessed by ordinance No. 45351, passed September 17th, 1917, for Hartley rd. N. E. sewer, from E. 152nd st. to the easterly end, upon the following described property, listed in the name of Walter and Johanna Bodey:

C. & S. subdivision, original lot 1 and C, sublot 31, 41.37 feet on Hartley rd. N. E.

The reason for this abatement is, that they are taxed for a sewer in E. 152nd st. and will not be benefited by this improvement. (G. R. 10318).

Read first time. Referred to the director of finance, committee on taxes and assessments and director of law.

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the committee streets, taxes and assessments and director of law.

File No. 48457. Mr. Damm.

To grade, drain, curb, pave and improve with D. B. stone on concrete or brick on concrete E. 69th st., from St. Clair ave. N. E. to northerly end, and to repeal resolution No. 40937, adopted July 3rd,

1916.

Read first time.

Referred to the committee on streets, taxes and assessments and director of law.

EMERGENCY RESOLUTIONS

REFERRED

File No. 48458. Mr. Kadlecek.

Whereas, the council of the city of Cleveland, during 1917, passed a resolution determining to proceed with the improvement of Broadway ave. S. E., between E. 34th st. and Miles ave., by curbing, repaving and widening thereof under a plan by which the property owners abutting said improvement were to pay onethird of the cost thereof; the city of Cleveland one-third and the county of Cuyahoga one-third; the work to be done and the improvements constructed by the county of Cuyahoga under an agreement with the city of Cleveland which agreement was afterwards entered into; and,

Whereas, thereafter proper resolutions approving said agreement and assessing the property owners one-third of the cost thereof and approving plans and specifications, etc., were passed by the council; and,

Whereas, the property Owners abutting said improvement have paid assessments for a number of years for their share of the cost of these improvements; and,

Whereas, the city of Cleveland is now and has been since 1917 ready and willing to pay its share of the cost thereof and to proceed with the said improvements under the agreement with the county commissioners aforesaid; and,

Whereas, Broadway ave. S. E., between E. 34th st. and Miles ave. is in a very bad and dangerous condition between the car tracks and curb; and,

Whereas, this matter constitutes an emergency by way of providing for the daily operation of a municipal department, to-wit: the department of public service; now, therefore,

Be it resolved by the council of the city of Cleveland, state of Ohio: That the board of county commissioners of Cuyahoga county, Ohio, be and are hereby requested to at once take the necessary steps by way of procedure or otherwise in order that the improvements aforesaid on Broadway ave. S. E.. between E. 34th st. and Miles ave. may be completed in the spring or summer of 1919; and,

Be it further resolved, that the said commissioners be and are hereby requested to advise this council forthwith at what time they will begin work on said improvements under the agreement with the city as aforesaid; and.

Be it further resolved, that the clerk of the council immediately transmit a copy of this resolution to the board of county commissioners of Cuyahoga county Ohio.

This matter is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the mayor.

Read first time.

Referred to the director of public service, committee streets and

on

director of law as an emergency

measure.

File No. 48459.

By Mr. Caldwell.

Whereas, this council on June 18, 1917, adopted resolution 40819, providing for the widening and repaying of Cedar ave. S. E., between E. 89th st. and East blvd. under the plan by which the property owners were to pay one-third of the cost, the city of Cleveland one-third of the cost and the county of Cuyahoga one-third thereof, and further providing for an agreement between the city and the county of Cuyahoga to construct the improvements of aforesaid; and

an

Whereas, subsequent thereto agreement was entered into between the city of Cleveland and county of Cuyahoga by the terms of which said county of Cuyahoga was to proceed with the repaving, widening, etc., of Cedar ave. aforesaid; and

Whereas, the property owners of Cedar ave., between E. 89th st. and East blvd., have paid a number of assessments as their share of the cost of said improvement; and

Whereas, the city of Cleveland is now and has been ever since the passage of resolutions 45000 and 45001 on July 16, 1917, ready and willing to proceed with its share in the improvements aforesaid; and

Whereas, Cedar ave., between E. 89th st. and East blvd., in the portions between the curbs and street car tracks is in a very bad and dangerous condition; and

Whereas, the matter herein constitutes an emergency by way of providing for the daily operation of a municipal department, to-wit: the department of public service.

Be it resolvel by the council of the city of Cleveland, state of Ohio: That the board of county commissioners of the county of Cuyahoga be and are hereby requested to at once take the necessary steps by way of proceedure or otherwise, so that Cedar ave, may be repaved, widened, etc., in the spring or summer of 1919; and further,

Be it resolved, that the said board of commissioners be and are hereby

requested to advise this council forthwith at what time the said board will begin the work of repaving, widening, etc., as aforesaid; and further,

Be it resolved, that the clerk of the council transmit a copy of this resolution to the board of county commissioners at once.

This matter is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the mayor.

Read first time.

Referred to the director of public service, committee on streets and as an emergency

director

measure.

or law

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Ord. No. 48465.
By Mr. Kadlecek.

An ordinance to amend section 173-44 of ordinance No. 28151-A, passed March 31st, 1913, and sections 448-A, 448-B, 449, 450, 451, 452, 453, 454, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472 and 473 of ordinance No. 22783, passed December 11, 1911. Read first time.

Referred to the director of public safety, committee on building and' building code, finance and director of law.

VETO

Ord. No. 48248.

An ordinance to amend ordinance No. 35144, which amended section 85 of the revised ordinances of the city of Cleveland of 1907, and to fix the salaries of the members of the council in accordance with the charter of the city of Cleveland, approved July 1, 1913.

One week having expired after the receipt of the veto of the mayor, the council proceeded to reconsider the passage of the ordinance.

The ordinance was passed.
Yeas 18, nays 8.

Those who voted in the affirmative
are: Messrs.
Becker
Fleming
Braschwitz Gahn
Caldwell

Damm

Dittrick

Faulhaber

McGinty

Reynolds

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Those who voted in the negative

Gallagher Dembowski Michell

are: Messrs. Carroll

Finkle The

Rolf

Soika Sulzmann

council adjourned

to meet Monday, January 27, 1918, at 7:00 o'clock p. m.

Penkoski

Clerk of Council.

ADOPTED RESOLUTIONS AND ORDINANCES

File No. 48410. Mr. Braschwitz.

Resolved, that the director of

parks and public property be and he is hereby requested to change the arc lights on W. 98th st., between Loretta ave, and Walford ave., placing one at W. 98th st. and Loretta ave, and the other at W. 88th st. and Sunrise ave.

Adopted January 13, 1918.
HARRY C. GAHN,
President of the Council.

C. J. BENKOSKI,

Clerk of Council.

Approved by the acting mayor January 15, 1919.

File No. 48411. Mr. Zmunt.

Whereas, in the death of Theodore Roosevelt this nation has lost one of its foremost American citizens; now, therefore,

Be it resolved by the council of the city of Cleveland, state of Ohio:

That the United States senate and house of representatives be requested to take such steps as may be necessary to change the name of the Yellowstone National Park to that of Roosevelt Park, as a distinctive honor and in recognition of the life and character of Theodore Roosevelt; and

Be it further resolved, that a certified copy of this resolution be sent to the two senators from Ohio and to the representatives in congress from the twentieth, twenty-first and twenty-second districts of Ohio. Adopted January 13, 1918.

HARRY C. GAHN,
President of the Council.

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Whereas, Almighty God in His wisdom has called from this life Louis Black, a former member of this body; and

Whereas, Louis Black rendered distinguished services to this city while a member of this body; now, therefore

Be it resolved by the council of the city of Cleveland, state of Ohio: That we express our heartfelt sympathy to the bereaved family and relatives of Louis Black; and

Be it further resolved, that a copy of this resolution be spread upon the journal of the council and a copy sent to the family of the deceased.

Adopted by a rising vote.
Adopted January 13, 1918.
HARRY C. GAHN,
President of the Council.

C. J. BENKOSKI,

Clerk of Council.

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st. to a point 155 feet west of E. 122nd st.

Section 1. Be it ordained by the couneli of the city of Cleveland, state of Ohio: That the dedication of Jesse ave. S. E., from E. 116th st. to a point 155 feet west of E. 122nd st., be and the same is hereby accepted.

Sec. 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed January 13, 1919.

HARRY C. GAHN,
President of the Council.

C. J. BENKOSKI,

Clerk of Council.

Approved by the mayor January 14, 1919.

Effective February 23, 1919.

Ord. No. 48341.

An ordinance to accept the dedication of Puritan ave. S. E. from E. 116th st. to a point 155 west of E. 122nd st.

Section 1. Be it ordained by the council of the city of Cleveland, state of Ohio: That the dedication of Puritan ave. S. E., from E. 116th st. to a point 155 feet west of E. 122nd st., be and the same is hereby accepted.

Sec. 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed January 13. 1919.

HARRY C. GAHN,
President of the Council.

C. J. BENKOSKI,

Clerk of Council. Approved by the mayor January 14, 1919.

Effective February 23, 1919.

Ord. No. 48342.

An ordinance to accept the dedication of Robertson ave, S. E. from E. 116th st. to a point 155 feet west of E. 122nd st.

Section 1. Be it ordained by the council of the city of Cleveland, state of Ohio: That the dedication of Robertson ave. S. E.. from E. 116th st. to a point 155 feet west of E. 122nd st., be and the same is hereby accepted.

Sec. 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed January 13, 1919.

HARRY C. GAHN,
President of the Council.

C. J. BENKOSKI,

Clerk of Council.

Approved by the mayor January 14, 1919.

Effective February 23, 1919.

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assess a tax therefor, (G. R. 10402)." Section 1. Be it ordained by the council of the city of Cleveland, state of Ohio: That ordinance No. 46880, passed April 15th, 1918, being "An ordinance determining to proceed with the improvement of W. 25th st., between Potter ct. S. W., and the old city limits, by grading, draining, curbing, repaving and improving as per estimated assessment No. 2900, and to assess a tax therefor (G. R. 10402)" be and the same is hereby repealed, and the director of finance be and he is hereby authorized and directed to abate all the tax assessed by said ordinance, less the cost of printing, interest and collection.

Sec. 2. This ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed January 13, 1919.

HARRY C. GAHN,
President of the Council.

C. J. BENKOSKI,

Clerk of Council.

Approved by the mayor January 14, 1919.

Effective February 23, 1919.

Ord. No. 48377.

By Mr. Reynolds.

An ordinance authorizing and permitting the Otis Steel Company, its successors and assigns, to construct, maintain and use a canopy, a loading platform and a garage in E.

26th st.

Be it ordained by the council of the city of Cleveland, state of Ohio:

Section 1. That The Otis Steel Co., its successors and assigns, is hereby authorized and permitted to construct, maintain and use:

First: A steel canopy sixty-eight (68) feet long, extending northerly from a point about one hundred and seventy (170) feet north of the northerly line of Lakeside ave. N. E., and projecting out over the sidewalk space twenty-two (22) feet with a clearance of approximately fifteen (15) feet.

Second: A loading platform. about eighteen (18) feet long extending northerly from a point about two hundred and sixty-six (266) feet north of the northerly line of Lakeside ave. N. E., and projecting out into the sidewalk space eighteen (18) feet.

Third: A steel garage sixty-six (66) feet long, extending from the northerly end of the loading platform to the tracks of the N. Y. C. R. R. and projecting into the sidewalk space eighteen (18) feet, one story high, all as approximately shown on a plan which is referred to herein and attached to the original copy of this ordinance.

The said canopy, loading platform and garage to be so constructed as to meet the approval of the commissioner of buildings and the commissioner of engineering and construction.

The authority herein granted to said, The Otis Steel Co., its successors and assigns, is for the purpose

of permitting said company to more conveniently handle patterns, and to store automobile used in the conduct of its business, and subject to the conditions hereof.

Sec. 2. That said, The Otis Steel Co., its successors and assigns, shall obtain from the director of public service, such permits as are required under the rules and regulations of the department of public service for work to be done in the public streets in connection with the authority and obligations herein contained, and shall at all times pay for and bear the expense of restoring E. 26th st. to as good a condition as it was in before being disturbed under said authority and obligations herein contained and to the approval of the director of public service.

Sec. 3. That said, The Otis Steel Co., its successors and assigns, shall support, alter, change, move or relocate the structures herein authorized and permitted to be constructed at its Own expense, at any time, upon the written demand to that effect by the director of public service, and shall entirely remove as directed the structures herein authorized and permitted to be constructed at its own expense at any time upon the written demand for their removal by the director of public service, following the revocation of the authority herein provided by the said council, this right of revocation being hereby retained by the said council.

Sec. 4. That said, The Otis Steel Company, its successors and assigns, agrees to save the city of Cleveland free and harmless from any damage, loss or liability for injury to person or property, public or private, due to the construction of the structures herein authorized and permitted to be constructed, or by reason of the presence, use and maintenance of the structures herein authorized and permitted to be constructed, maintained and used in E. 26th st.

Sec. 5. That as a condition of the authority herein granted, the said, The Otis Steel Co., shall accept the terms of this ordinance in writing within ten (10) days after the passage thereof, and when so accepted shall constitute a contract between the city of Cleveland and said, The Otis Steel Co., its successors and assigns, subject to all the conditions of this ordinance and subject to all the terms as provided in the sections thereof.

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Sec. 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed January 13, 1919.

HARRY C. GAHN.
President of the Council.

C. J. BENKOSKI,

Clerk of Council. Approved by the mayor January 14. 1919.

Effective February 23, 1919.

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