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pay the cost and expense of making delinquent sewer and water connections, West side of river. G. R. 1314.

Read third times, passed.
Yeas 25, nay's 0.

CLAIM File No. 45589.

Of The Cleveland Sandusky Brewing Co., $6,000.00 for damages by reason of the grading of Superior ave. N. W. (bridge approaches).

Received.

Cleveland, O., Oct. 8, 1917. The regular meeting of the council was called to order, the president W. F. Thompson, in the chair. Becker Krueger Siannard Damm Meyer's Stolte Dickerson Michell Sulzmann Dittrick McGinty Taylor Faulhaber Reynolds Thompson Fleming Rolf

Townes Gahn

Schwartz Wagner
Horrigan Sledz

Zmunt
Smith
Absent--Mr. Kedlecek.
Also present were:
H. L. Davis, Mayor.
W. S. FitzGerald, Director of Law.

Alex Bernstein, Director of Public Service.

Laniar T. Beman, Director of Public Welfare.

Clarence Neal, Director of Finance.

Thomas S. Farrell, Director of Public Utilities.

Fielder Sanders, Street Railroad Commissioner.

Absent:

A. B. Sprosty, Director of Public Safety.

EMERGENCY ORDINANCES
Ord. No. 44308.

An ordinance to issue bonds in the sum of forty thousand ($40,000.00) dollars for purchasing the real estate for and establishing free public baths and equipping and furnishing the same.

Passage recommended by the director of public service, committee on parks, finance, director of finance and director of law as an emergenCy measure.

Motion by Mr. Schwartz to refer to the committee on city property, public works, parks and finance was sustained.

REPORTS
File No. 45590.

Of notices served on property owners of the adoption of a resolution to appropriate certain described property for the opening of Wheelock rd. X. E., through to Ansel rd. N. E.

Received.
File No. 45591.

Of notices served on property owners of the adoption of a resolution to appropriate certain described property for comfort station at Euclid ave. and E. 55th st.

File No. 45592.

Of notices served On property owners of the adoption of a resolution to appropriate certain described property for comfort station at W. 20th st. and Clark ave. S. W.

Received.

MOTION On motion of Mr.

Meyers, the reading of the minutes of the last meeting was dispensed with and the journal was approved.

ASSESSMENT REPORTS
File No. 45593.

No. 4811--To grade, drain, curb, pave with paving brick on concrete and improve E. 125th st., between Kinsman rd. S. E. and Union ave. S. E. Amount for property's portion

$12,238.00 Amount for city's portion.. 700.75

Received.
File No. 45594.

No. 4812--To gracie, drain, curb, pave with paving brick on concrete and improve E. 128th st., between Kinsman rd. S. E. and Union ave. S. E. Amount for property's portion

$10,772.99 Amount for city's portion.. 793.51

Received.

COMMUNICATIONS
File No. 45581.

Cleveland, Oct. 8, 1917.
From the commissioner of

purchases and supplies, a report of an emergency purchase of 60 tons of pig iron at $33.00 per gross ton for the division of light and heat.

Received and referred to the committee on finance.

File No. 45582.

From the commissioner of purchase and supplies, a report of purchase of labor and material to the amount of $1,059.80 for repairs to fire engine.

Received and referred to the committee on finance.

File No. 45583.

From the commissioner of purchases and supplies, a report of emergency purchase for the installation of 12 in. pipe sewer in E, 3rd st. for the amount of $1,195.50.

Received and referred to the committee on finance.

File No. 45584.

From the commissioner of purchases and supplies, a report of an emergency purchase of flour for the correction farm.

Received and referred to the committee on finance.

File No. 45585.

From The Steel Products Co., accepting terms and conditions of ord. No. 45417. (Pipe fine across E. 65th st.).

File No. 45586.

From The Upson Nut Co., accepting terms and conditions of ord. No. 45235. (Pipe line across Carter rd.).

Received.
File No. 45587.

From the N. Y. C. & St. L. R. R. Co. accepting terms and conditions of Ord. No. 44758. (Switch track Fairfield ave. S. W.).

Received.

MOTION Motion by Mr, Zmunt to relieve the committee on parks and finance of further consideration of Ord. No. 45156-an ordinance to issue bonds in the sum of $200,000 for park and boulevard purposes was not sustained. Yeas 12, nay's 13.

Those who voted in the affirmative are: Messrs. Damm Gahn

Stannard Dickerson Krueger Taylor Dittrick Meyers Townes Fleming Michell Zmunt

Those who voted in the negative are: Messrs. Becker Rolf

Sulzmann
Faulhaber Schwartz Thompson
Horrigan Sledz

Wagner
McGinty Smith
Reynolds Stolte

Ord. No. 45548.

An ordinance to transfer the following:

$750.00 from 51-X for lands, tuberculosis hospital, to 52-B for supplies, city hospital.

$ 1.250.00 from 51-B for supplies, tuberculosis hospital to 52-B

for supplies, city hospital.

$1,000 from 51-A-3 for labor (operation) tuberculosis hospital to 52-B for supplies, city hospital.

Passage recommended by the director of public welfare, committee on finance, director of finance, director of law as an emergency measure.

Read second time.
Passed as an emergency measure.
Yeas 25, nay's 0.
Ord. No, 45549.

An ordinance to authorize the director of public welfare to expend the sum of approximately five thousand eight hundred and fifty dollars for coal for the division of outdoor relief.

Passage recommended by the director of public welfare, committee on charities and correction, finance, director of finance, director of law, as an emergency measure.

Read second time.
l'assed as an emergency measure.
Yeas 25, nays 0.
Ord. No. 45554.

An ordinance to transfer twentyfive ($25.00) dollars from fund 38- E for equipment-maintenance, to 38-F for miscellaneous service, street signs and house numberings division,

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

Read second time.

THIRD READING ORDINANCES

Ord. No. 45533.

An ordinance to name the aler lying between W. 38th st. and W. 39th st. and extending from Peoria ct. S. W. to Fostoria ct. S.

W.W. 39th pl.

Read third times, passed.
Yeas 25, nays 0.
Ord. No. 45534.

An ordinance to change the name of Akron ave. S. W. extending from W. 23rd st. to W. 24th st. to Henninger rd. S. W.

Read third times, passed.
Yeas 25, nay's 0.
Ord. No. 45535.

An ordinance to change the name of E. 122nd pl, extending from Mt. Overlook ave. S. E. to Woodland ave. S. E. to E. 121st st.

Read third times, passer.
Yeas 25, nays 0.
Ord. No. 45467.

An ordinance to assess a tax to pay the cost and expense of constructing delinquent sidewalks, on streets and avenues hereinafter named. West side of river. G. R. 696.

Read third times, passed.
Yeas 25, nays 0.
Ord. No. 45468.
An ordinance to assess a tax to

as

or

Passed as an emergency measure,
Yeas 25, nays 0.
Ord. No. 45556.

An ordinance to transfer the sum of one hundred thirty-four ($134.00) dollars from 3-F, for miscellaneous services, to 3-B for supplies, mayor's office,

Passage recommended by the committee on finance, director of finance and director of law as an emergency measure.

Read second time, passed.
Passed as an emergency measure.
Yeas 25, nay's 0.
Ord. No. 45557.

An ordinance to transfer two thousand dollars from 34-A-3 for labor (operation) division of engineering and construction to 9612 for expert services in connection with electric light investigation before public utilities commission.

Passage recommended by the committee on finance, director of finance, director of law

an emergency measure.

Read second time.
Passed as an emergency measure.
Yeas 25, nay's 0.
Ord. No. 43106.

An ordinance to issue bonds in the sum of fifty thousand dollars for the purpose of purchasing and condemning the necessary land for park and boulevard purposes and for improving the same, and for improying or completing the improvement of existing parks and boulevards.

Passage recommended by the committee on public works, city property, finance and parks.

Read third time, passed as an emergency measure.

Yeas 25, nay's 0.
Ord. No. 45595.
By Mr. Becker.

An orilinance to appropriate property for the purpose of erecting and constructing a public comfort station.

Passage recommended by the committee on judiciary and director of law, as an emergency measure.

Read first time.
Passed as an emergency measure.
Yeas 25. nays 0.
Ord. No. 45596.
By Mr. Krueger.

An ordinance to appropriate property to public use for opening of Wheelock rd. X. E. through to Ansel rd. N. E. in the city of Cleveland.

Passage recommended by the committee on judiciary and director of law, as an emergency measure.

Read first time.
Passed as an emergency measure.
Yeas 25, nays 0.
Ord. No. 45597.
By Mr. Fleming.

An ordinance to appropriate property for the prupose of erecting and constructing a public comfort station.

Passage recommended by the committee on judiciary and director of law, as an emergency measure.

Read first time.
Passed as an emergency measure.
Yeas 25, navs 0.
Ord No. 45598.
By Mr. Damm.

An ordinance to transfer the following: :

$2500 from 63-A-3 to 61-B-9.
$1200 from 62-A-3 to 61-B-9.
Read first time.

Referred to the director of public welfare, committee on finance, director of finance, director of law, as an emergency measure.

Ord. No. 45599.
By Mr. Damm.

An ordinance to transfer the following:

$20.00 from 54-D to 54-B.
$50.00 from 54-E to 54-B.
$85.00 from 54-F to 54-B.
$ 9.05 from 54-2 to 54-B.
Read first time.

Referred to the director of public welfare, committee on finance, director of finance, director of law, as an emergency measure.

Ord. No. 45600.
By Mr. Damm.

An ordinance to authorize the director of public utilities to expend a sum not to exceed three thousand and 00-100 ($3,000) dollars for the purpose of equipping and installing a coal crusher at Fairmount station and the work appertaining thereto.

Read first time.

Referred to the director of public utilities, committee on finance, director of finance, director of law, as an emergency measure.

Ord. No. 45601.
By Mr. Damm.

An ordinance to authorize the director of public utilities to expend a sum not to exceed two thousand five hundred and 00-100 ($2,500) dollars for the purpose of building foundations at Division ave. pumping plant for the 30,000,000 gallon turbine pump now lcated at Kirtland station and the work appertaining thereto.

Read first time.

Referred to the director of public utilities, committee on finance, director of finance, director of law, as an emergency measure.

Ord. No. 45602.
By Mr. Damm.

An ordinance to authorize the director of public utilities to expend a sum not to exceed ten thousand and 00-100 ($10,000.00) dollars for the purchase of oils and grease for the division of water for the coming year.

Read first time,

Referred to the director of public utilities, committee on finance, director of finance, director of law, as an emergency measure.

Ord. No. 45603.
By Mr. Faulhaber.

An ordinance to authorize the payment of claim for damages to property affected by the separation of grade of W, 38th st, and the tracks of the Nickel Plate Railroad Company.

Read first time.

Referred to the director of public service, committee on claims and accounts, grade crossings, finance, director of finance and director of law as an emergency measure.

Ord. No. 45604.
By Mr. Damm.

An ordinance to provide for the reversion of money to the

fund from which it was drawn.

Read first time.

Referred to the director of public service, committee on finance, director of finance, director of law, as an emergency measure.

Ord. No. 45605.
By Mr. Damm.

An ordinance to provide for the reversion of money to the fund from which it was drawn.

Read first time.

Referred to the director of public service, committee on finance, director of finance, director of law, as an emergency measure.

Ord. No. 45606.
By Mr. Damm.

An ordinance to transfer the following:

$400.00 from 32-B to 30-A-4.
$1.000 from 32-A-3 to 30-F.
$600 from 32-A-3 to 30-D.
$200.00 from 32-A-3 to 30-C.
Read first time.

Referred to the director of public service, committee on finance, director of finance, director of law, as an emergency measure.

Ord. No. 45607.
By Mr. Damm.

An ordinance to transfer the following: $500 from 26-A-2 to 26-B, $1,650.00 from 26-2-7 to 26-B.

Read first time.

Referred to the director of public service, committee on finance, director of finance, director of law, as an emergency measure.

Ord. No. 45608. By Mr. Damm. An ordinance to transfer the sum of one thousand ($1,000) dollars from division 36-D-2 for maintenance-buildings, structures and improvements to 36-B for supplies, division of bridges and docks.

Read first time.

Referred to the director of public service, committee on finance, director of finance, director of law, as an emergency measure.

Ord. No. 45609.
By Mr. Rolf.

An ordinance to authorize the sewering, draining and improving of E. 171st st. between St. Clair ave. X. E. and Saranac rd. N. E., by contract and to provide for the expenditure necessary therefor.

Read first time.

Referred to the director of public service, committee on finance, director of finance, director of law, as an emergency measure.

Ord. No. 45610.
By Mr. Damm.

An ordinance authorizing the director of public service to expend a sum not to exceed $40,000.00 for the purpose of paying the .cost and expense of ereciing and constructing a public hall for auditorium and exposition purposes and for purchasing condemning the necessary land therefor.

Read first time.

Referred to the director of public service, committee on finance, director of finance, director of law, as an emergency measure.

Ord. No. 45611.
By Mr. Damm.

An ordinance to determine the method by which the labor necessary to be performed and the material necessary to be furnished for the excavation work required for the foundations of the public hall for auditorium and exposition purposes.

Read first time.

Referred to the director of public service, committee on finance, director of finance, director of law, as an emergency measure. SECOND READING ORDINANCES

Ord. No. 425 74.

An ordinance to accept the dedication of Chapelside ave. S. E. from E. 131st st. to E. 140th st.

Passage recommended by the director of public service, committee on streets and director of law.

Read second time.
Ord. No, 45414.

An ordinance to name the first alley east of W. 65th st. and extending from Prague ave. S. W. to Walworth ave. S. W.-W. 64th pl.

Passage recommended by the director of public service, committee on streets and director of law.

Read second time.
Ord. No. 45415.
By Mr. Faulhaber.
An ordinance to na me

the first alley east of W. 65th st, and extending from Fanwell ct. S.

W.

to Prague ave. S. W'.-W'. 63rd st.

Passage recommended by the director of public service. committee on streets and director of law,

Read second time.
Ord, No. 45418.

An ordinance granting to the Baltimore & Ohio System. C. T. & V. R. R., the right to lay a switch track across Merwin st. N. W.

Passage recommended by the director of public service, committee on steam railways and director of law.

Read second time.

Ord, No. 45466.
oruinance

to

amend section 1699 of the revised ordinances of the city of Cleveland and fixing the standard sizes of loaves of bread.

l'assage recommended by the committee on healih and sanitation, judiciary and director of law.

Read second time.
Ord, No. 45470.

An Ordinance to accept the dedicalion Of W. 39th pl., from Peoria Cl. S. W. to Fostoria ct. S. W.

Passage recommended by the director of public service, committee on streets and director of law.

Read second time.
Ord. No. 45471.

An ordinance to accept the dedication of W. 63rd st., from Fanwell ct. S. W. to Prague ave. S. W.

Passage recommended by the director of public service, committee on streets and director of law.

Read second time.
Ord. No. 45472.

An ordinance to accept the dedication of W. 63rd st., from Sargent ave. S W. to Walworth ave. S. W.

Passage recommended by the director of public service, committee on streets and director of law.

Read second time.
Ord. No. 45473.

An ordinance to accept the dedication of W. 64th pl., from Walworth ave. S. W. to Prague ave. S. W.

Passage recommended by the director of public service, committee on streets and director of law.

Read second time.
Ord. No. 46 476.

An orrina nee to accept the dedication of Muncie ave. N. W., from W. 95th st. 10 W. 97th st.

Passage recommended by the director of public service, committee on streets and director of law.

Read second time.
Ord. No. 45480.

An ordinance to vacate a portion of W. 90th st., hereinafter described.

l'assage recommended by the director of public service, committee in streets and director of law.

Rad second time.
The rules were suspended.

Yeas 2), nayS 0.

Read third time.
Passed. Yeas 25, nay's' 0.
Ord. No. 47 481.

An ordinance to vacate part of W. $9th st.. hereinafter described.

Passage recommended by the director of public service, committee on streets and director of law.

Road second time.
Ord. No. 45579.

An ordinance to accept the dedication of Seymour ave. S. W. from a point 200 feet easterly of W. 38th st. to a point 200 feet westerly of Fulton pd S. W.

Passage recommended by the director of public service, committee on streets and director of law.

Read second time.
Orol. No. 45580.

An ordinance to change the name of the portions of W. 71st st. lving within the city limits between Denison ave. S. W. and Brook Park rd. to Ridge rd. S. W.

Passage recommended by the director of public service. committee on streets and director of law'.

Read second time.

from W. 65th st. to W..66th pl.; and

Whereas, this legislation assessed fifty per cent (5090) of the cost of the improvement on the owners of the abutting property; and

Whereas, upon review of the assessment by the board of revision of assessments it was recommended that this percentage be cut from fifty per cent (50%) to thirty-three and one-third per cent (3313%); now, therefore, be it

Résolved, by the council of the city of Cleveland, state of Ohio, in concurrence with the action of the board of revision of assessments of September 7th, 1916, that the percentage o the cost to the property owners for the paving of Heber ave. S. W., from W. 65th st. to W. 66th pl., be reduced from fifty per cent (50%) to thirty-three and one-third per cent (3343%), as per the following figures: Original assessment based on 50% of the cost

$507.07 New assessment based on 33 13% of cost

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

Read third time, adopted.
Yeas 5, nays 0.
File No. 45209.
lir. Thompson.

Resolved, that the director of finance, in concurrence with the board of revision of assessments, be and he is hereby authorized and directed to abate all the taxes for the years 1916, 1917, 1918 and 1919 assessed for Holborn ave. S. E. grading and sidewalk, between the east line of E. 127th st. and 200 feet west of E. 120th st. on sublots Nos, 21, 22, 23, 24, 25, 26, 27 and 28, Weiss subdivision, original lot No. 452, and sublots Nos 29 and 30 in the Wieber subdivision, original lot No. 452.

The reason for this abatement is that no provisions have been made to take care of the creek that flows across Holborn ave. S. E. at E. 120th st., therefore it will be of no benefit to the above described property to grade and lar sidewalks at this time. G. R. 9760.

Read third time, adopted.
Yeas 25, navs 0.
File No. 45520.
By Mr. Damm.

Whereas, the sum of one hundred and fifty dollars ($150.00) has been deposited with Louise Dewall, supervisor of cemeteries, by Jane W. Abeel for the purpose of creating a permanent trust fund, the interest thereof to be used for the perpetual care of the northwest one-half of lot 40, section 13, in Woodland cemetery, and known as the Horace Wilkins lot.

Whereas, the said sum of one hundred and fifty dollars ($150.00) is now in the hands of the supervisor of cemeteries; 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 directed to place said sum of one hundred and fifty dollars ($150.00) to the crerit of a funil to be called the “Horace Wilkins trust fund" and that semiannually, unon settlement of the city depositories with the city of Cleveland for the interest due said city of Cleveland Unon its average daily balances in such depositaries, the director of finance be and he is hereby directed to place to the crerlit of the "Horace Wilkins trust fund" an amount poual

the interest unn one hundred and fifti dollars (150.00) for the time suich money has remained in the city treasury and acquired interest, as being a nort

of the nitt halonnes at a te of interest which shall be equal to

the average of the rates paid to the city by such depositaries; and that such amount of interest or so much thereof as may be necessary, shall be used from time to time for the perpetual care of the northwest onehalf of lot 40, section 1, in Woodland cemetery.

Read third time, adopted.
Yeas 25, nay's 0.

DECLARATORY
File No. 45523.
By Mr. Thompson,

To grade, drain, curb, pave and improve Beachwood ave. S. E., from 135 feet west of E. 124th st. to E. 131st st.

Read third time, adopted.
Yeas 23, nay's 0.
NEW RESOLUTIONS ADOPTED
File No. 46612.
By Mr. Schwartz.

Whereas, the director of finance has advised the council that the city will be unable to meet its operating expenses, including the salaries of employees, after November 15th, next, and probably will not be able to meet these expenses after November 1st, next, and

Whereas, this statement indicates an operating deficit of the city's operating revenue for the current year in some Sun not less than $600.000 and probably as great as $800,000; and

Whereas, it seems imperative that steps should be taken at once looking toward the securing of funds to operate the city for the last two months of this year, especially in view of the fact that any legislation that may authorize the securing of funds cannot take effect for forty dav's on account of the provisions of the charter on the referendum, now, therefore,

Be it resolved by the council of the city of Cleveland: that the director of finance be requested to forthwith report to the council what plans, if any, he has for securing funds to supply the deficit of the city's operating revenue in order that the city may continue its activities during the last two months of this year and that he submit with the report such legislation as may be necessary to secure these funds.

Adopted.
File No. 45613.
By Mr. Gahn.

Whereas, there may exist an emergency in the city of Cleveland because of a coal shortage, and

Whereas, the governments of the United States and of the state of Ohio have not

as yet solved the problem of giving an adequate supply of coal for Cleveland's municipal utilities and the inhabitants of the city.

Now, therefore, be it resolved by the council of the city of Cleveland that there is hereby declared to be a probable emergency because of the shortage of coal for the utilities of the city and for the domestic coal consumers and

Be it further resolved that the mayor be and he is hereby authorized and empowered to use all means at his command to get coal for the city's municipal utilities and for the domestic consumers of Cleveland, an

That he be and is hereby requester to take any necessary steps for the above mentioned purposes.

Adopind.
File No. 45614.
By Mr. Sulzmann.

Whereas, the charter of the city of Clevoland requires the mavor to file with council on November 15th next a budget estimate of the expenditures of the various departments for the rear 1918; and

Whereas, the various departments will soon be compiling their esti

THIRD READING RESOLUTIONS
File No. 44994.
Mr. Faulhaber.

Resolution to change the propor. tion of the property owners share of the cost of paving Hrber a ve. S. W., from W. 65th st. to W. 66th pl., from fifty ner cent (5000) to thirty1 thana and one-third per cent (3316%).

Whereas, legislation was started for the paving of Heber ave. S. W.,

or

lic service be requested to place an arc light on Japan ct. S. W., between Chatham ave, and Siam ave.

Adopted.
File No. 45 624,
By Mr. Meyers.

Resolved, that the director of public service be requested to place a gas lamp at the corner of Utica ave. and E. 55th st.

Adopted.
File No. 45 625.
By Mr. Taylor.

Resolved, that the director of public service be requested to place the necessary arc lights on E. 112th st. between Buckeye rd. and Woodland ave., to properly light said street.

Adopted.
File No. 45626.
By Mr. Wagner.

Resolved, that the director of public service be requested to place the necessary arc lights on Falcon ave. S. E., between E. 72nd st. and E. 75th st. to properly light said street.

Adopted.
File No. 45627.
By Mr. Wagner.

Resolved, that the director of public service be requested to place the necessary are light on E. 79th st., between Woodland ave. and Quincy ave., to properly light said street.

Adopted.

on

12

mates to form the mayor's budget; and

Whereas, heretofore there has been complaint for the reason that the budget estimates were not explained in detail as to how the totals requested were arrived

at;

now, therefore,

Be it resolved by the council of the city of Cleveland, that the mayor be requested to issue instructions to the Vai avus departments that when their budget requests for 1918 are beng prepared that there will be included therein by foot notes otherwise such detail information as will explain how the aggregate of any particular request is arrived at.

Adopted.
File No. 45615.
By Mr. Rolf.

Resolved, that the director of public service be requested to issue a permit to the Christopher Columbus Society for a pyrotechnical display to be held on October 12th, 1917, (Columbus Day) and on October 13, 1917, at the corner of St. Clair ave. N. E., and Holmes ave. N. E.

Adopted.
File No. 45616.
By Mr. Faulhaber.

Resolved, that the director of public service be requested to repair the pavement on W. 58th st., between Nickel Plate R. R. and Walworth ave. S. W., also repair pavement on Train ave, S. W. and Junction rd. S. W.

Adopted.
File No. 45617.
By Mr. Thompson.

Resolved, that the director of public service be and he is hereby re(illested to have the pavement Harvard ave. south side, in the vicinity of E. 71st st. repaired as the same is impassable.

Adopted.
File No. 45618.
By Mr. Thompson.

Whereas, Caine ave. from E. 131st st. east to city limits is impassable, therefore,

Be it resolved by the council of the city of Cleveland: that the director of public service be and he is harrhy requester to place the said street in a passable condition before winter sets in so that pedestrians may have the use of the same.

Adopted.
File No. 45619.
By Mr. Faulhaber.

Resolved, that the director of public service be requested to put W. 59+h st. south of Lorain ave., in condition for vehicle traffic, also the approach to temporary right of way on W. 58th st. and W. 59th st.

Aropted.
File No. 45620.
By Mr. Faulhaber.

Resolved, that the director of public service be requested to a hate the nuisance on Clark ave. S. W. under Big 4 grade crossing, near W, 65th st.. also repair pavement, and sidewalks, making same passable for pedertrians and vehicle traffic.

Adopted.
File No. 45 621.
By Mr. Sledlz.

Pecnlund that the director of public service be requested to clean all the catch hasins en E 76th st., between Union ave, and Aetna ril, and also all the match basins on E. 78th st., between Union ave. and Aetna rd.

Adopten.
FiFlo No. 45622.
By Mr. Faulhaher.

Resolved, that the director of public service he requested to pince an arc light on Fanwell ct. S. W., betwern WV 65th st. and W. 63rd st.

Anonton
File No. 45623,
By Mr. Faulhaber:
Resolved, that the director of pub-

SECOND READING

10SULUTIONS File No. 45522.

To reimburse the Cranwood Estates Co. for grading and improving a portion of East blvd.

Adoption recommended by the director of public service, committee on finance, director of finance and director of law,

File No. 45335.

To vacate portion of alley lying between E. 99th st. and E. L. of the Doering subdivision.

Adoption recommended by the director of public service, the committee on streets, city property and director of law. Read second time.

DECLARATORY
File No. 455 73.
By Mr. Sledz,

To grade, drain, curb, pave and improve Independence rd. S. E. from Fleet ave. S. E. to City limits.

Adoption recommended by the committee on streets, taxes and assessments.

Read second time,
File No. 45574.
By Mr. Zmunt.

To grade, drain, curb, pave and improve W. 7th pl., from Railway ave. S. W. to Novakave. S. W.

Adoption recommended by the committee on streets, taxes and assessments.

Read second time,
File No. 455 75.
By Mr. Zmunt.

To grade, drain, curb, pave and improve Novak ave. S. W., from W. 7th st. to W. 5th st.

Adoption recommended by the committee on streets, taxes and assessments, Read second time. GENERAL RESOLUTIONS

REFERRED
File No. 45628.
By Mr. McGinty.

Resolved, that The Cleveland Railway Company be instructed to repave the pavement and tracks on Broadway, between Central ave. and E. 23rd st.

Referred to the committee on street railways. EMERGENCY RESOLUTION

REFERRED File No. 45629. By Mr. Townes. Whereas, this resolution consti

tutes an emergency in that it is necessary for the daily operation of the department of public service that this land be obtained as soon as possible, now, therefore,

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

Section 1. It hereby declares its intention to appropriate for the purpose of constructing and maintaining sewers and a sewage disposal plant, an easement sufficient to permit a main intercepting sewer to pass underground from north to south under the following described property:

Situated in the village of Newburgh Heights, county of Cuyahoga and state of Ohio and known as being a part of original one hundred acre lot No. 308 and bounded and described as follows:

Beginning at the intersection of the easterly line of premises conveyed by Boardman Pearse and wife to The Board of Education of Newburgh Township, by deed dated June 1, 1870, and recorded in volume 186, page 338, and the northerly line of premises conveyed by H. D. Pierce and others to The Cleveland Wire Spring Company by deed dated Feb. 21, 1916, and recorded in Volume 1748, page 330 of Cuyahoga county records; thence northerly along said easterly line of premises so conveyed to The Board of Education of Newburgh township to the center line of Harvard st. (60 feet wide); thence north 63° 11' 00" east along said center linc of Harvard st., 222 69/100 feet to an angle in said street: thence north 619 21'00" east along said center line of Harvard st.,

feet to the southeasterly corner of premises conveyed by Hiram

Pierce and others to Emma Setele by deed dated February 25, 1909, ann recorded in volume 1102, page 539 of Cuya hoga county records; thence northwesterly at right angles to said center line of Harvard st. and along the easterly line of premises so conveyed to Emma Setele 91-28 100 fent to an angle:, thence westerly along the northerly line of premises so conveyed to Emma Set le 179-36-100 feet to the northwesterly corner thereof, said northwesterly corner being distant southerly 104 33-100 feet from the northerly line of said original lot No. 308, measured along the extension northerly of the westerly line of premises conveyer to Emma Setele, as aforesaid; thence northerly along said extension 84 33-100 feet to the northerly line of premises conveyed by Russell Grant Pierce to H. D Pierce by deed dated August 5, 1898, and recorded in volume 700, page 8 of Cuya hoga county records; thence easterlv along said northerly line of premises so conveyed to H. D. Pierce, which northerly line is parallel with and distant southerly 20 feet, at right angles, from the northerly line of said original lot No. 308 to the northwesterly corner of premises conveyed by Hiram D. Pierce and others to Anton Maciak, bv deed dated November 29. 1913, and ге. corded in volume 1492, page 576 of Cuvahoga countv recorris; thenre southerly at right angles to said center line of Harvard st., and along said westerly line of premises so conveyed to Anton Mariak, 206. 29100 feet to said center line of Harvard st.; thence north 61° 20' 0" mart along said center line of Harvard st. to an angle in said street at the northerly line of saint original lot No. 308; thence north 890 31 east along said center line of Harvard st. and along said northerly line of original lot No. 308 to the northeasterly corner of premises

conveyed to H. D. Pierce as aforesaid; thence southerly along the easterly line of premises conveved to H. D. Pierce as aforesaid, to the northerly line of premises conveyed to The Cleveland Wire Spring Company, as aforesaid, and thence south 89° 8' 30" west along said northerly line of premises conveyed to The Cleveland Wire Spring Company, 732 2-100 feet to the place of beginning, be the same more or less but subject to all legal highways.

Sec. 2. That immediately upon the passage of this resolution the mayor shall cause written notice to be given as required by law.

Sec. 3. This resolution 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 city property and director of law as an emergency measure.

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DECLARATORY
File No. 45631.
By Mr. Thompson.

To grade, drain, curb, pave, and improv E. 128th st. from Kinsman rd. S. E. to Union ave. S. E.

Read first time.

Referred to the committee on streets, taxes and assessments.

File No. 45632.
By Mr. Thompson.

To grade, drain, curb, pave and improve E. 125+ h st. from Kinsman ids. E to Union ave. S. E.

Read first time.

Referred to the committee on streets, taxes and assessments.

the city, as listed and assessed for taxation, as before describeci, to be in the sum of one million five hundred thousand ($1,500,000.00) dollars, and that the question of issuing and selling said bonds of said city in excess of said two and one-half per cent (22,1), that is, in the sum aforesaid, be submitted to a vote of the qualified electors of the city of Cleveland at the general election to be held on the sixth day of November, 1917, that said election be held at the regular places of voting in said city,

as established by the board of deputy state supervisors and inspectors of elections of Cuyahoga county and to be between the hours of six-thirty a. m. and sixthirty P. m.

Cleveland time; that said election shall be conducted and certified in the manner provided by law. Twenty (20) days notice of the election shall be given in one or more newspapers printed in the city of Cleveland once a week for four (4) consecutive weeks prior thereto, stating the purpose for which the bonds are issued, the amount of such bonds and the time and place of holding the election.

The ballots used at said election shall state briefly the proposition to be voted on, indicating the name of the

municipal corporation, the amount of bonds to be issued and further, shall be in form as follows:

"For the issue of deficiency bonds. Yes."

“For the issue of deficiency bonds No."

Sec. 2. This resolution shall take effect and be in force from and after the earliest period allowed by law.

The committee on finance reports:

“There are objections to adoption of this resolution. In the first place the report of the director of finance referred to in the preamble of resolution is not in conformity with senate bill No. 232.

It does not officially state the deficit the director of finance unofficially states to be existing.

Secondly it is not sworn to as the act specifically provides Again senate bill No. 232 requires action by council not later than Oct. 1, 1917. See detailed report accompanying.'

Cleveland, Ohio, October 8, 1917. The Council of the City of Cleve

land, Gentlemen:

Your committee on finance submits the following report in reference to council resolution file No. 45571, being “A resolution submitting to the electors at the regular election, November 6, 1917, a proposed deficiency bond issue in the sum of one million five hundred thousand dollars ($1,500,000.00)" and purporting to be in accordance with Senate Bill No. 232, known as the Terrell Act.

On this day, Monday, October 8, 1917, the director of law appeared before the committee and stated that there are legal objections to the adoption of this resolution, referring to the provision in the said Senate bill requiring the council to act no later than Monday, October 1, 1917.

The fact is that the Senate Bill No. 232 was the best the last section of the general assembly would do for Cleveland and the council had a right to act under it if it wished. The director of finance has prevented the council from acting unter the provisions of the Terrell Bill. Under the provisions of this bill the nirector of finance was required to file a sworn statement of the city's deficit estimated as of July 1, 1917, host emhracing the whole of the year 1917. The council with the approval of the ma vor could then submit to the electors a proposed deficiency bond issue based as to amount upon the said sworn statement of the di

rector of finance. The electors could then, by a majority vote, approve or disapprove such a bond issue.

As early as May 28, 1917 by resolution file No. 44320, the council requested the director of finance to file the Sworn statement required by the Terrell bill.

The director of finance filed a stau ment under date of August 13, 1917, with the council but did not swear to the statement, as required by the act. Later, when this omission was called to his attention he did swear to the statement on the 20th day of August, 1917. Said statement was not in conformity with the Terrell act. It was a statement of cash receipts and disbursements which meant nothing according to the terms of the Terrell bill. His sworn statement at the end of his report was-"That the foregoing statement of cash receipts and cash disbursements from January 1, 1917, to July 1, 1917, of the general fund are true as he verily believes," As stated above, the Terrell act did not call for a statement of cash receipts and cash disbursements and both this statement and his verification thereof were both unnecessary, uninforming and not in conformity with the Terrell act.

The director of finance filed no Sworn statement as

to the city's deficit,

In the said communication filed by the director of finance he specifically advised against the policy of issuing deficiency bonds and deliberately evaded the provisions of the

law which required him to file a sworn statement of the deficiency.

It was the business of the director of finance to file a sworn statement of the deficiency and then it became the business of the council and the mayor to determine whether a deficiency bond issue should be proposed, based upon the director of finance's Sworn statement. This statement of the director of finance was filed with the council during the summer recess and at the first meeting after this recess, namely August 27, 1917, the council renewed its request for the report required by the Terrell bill and adopted a resolution, file No. 45170, to this effect.

The director of finance ignored this request and ignored the personal and written requests of the author of the resolution to have the report filed.

Finally a taxpayer started a suit in court to have the lirector of finance do his swon duty and comply with the specific provision of the law by filing the sworn statenient required. The court ordered the report filed. The director of finance at 7 o'clock p. m. on Monday, October 1, 1917, the last day that the council could legally act under the Terrell bill, filed a statement with the council that the deficit was one million five hundred thousand dollars and indicating that it was more but that the clerks of his office had gone home and, therefore, it was impossible to furnish the actual figures. This non-illuminating information was furnished by the director of finance even though the council had requested the information on Mav 28, 1917.

The director of finance had stated privately to the committee on finance that the deficit this year would be six hundred thousand to Seven hundred thousand dollars. Under oath in court he arimited that statement and yet he derlinell to file an official statement with the council. even though the Terrell act stated that he must do it and the charter required that he must give information to the council when requested, and the council requested it.

RESOLUTIONS
File No. 45571.
Py Mr. Damm.

Resolution sleclaring the necessity of issuing bonds of the city of Cleveland in excess of the aggregate of two and one-half per cent (212%) of the total value of all property in the city of Cleveland as listed and assesser for taxation in the sum of one million five hundred thousand ($1,500.000.00) dollars for the purpose of supolving a deficiency in the revenues of the city.

Whereas the director of finance, in conformity with the requirements of senate bill No. 232 known as the Terrell act, submitted a statement tothe council of the city of Cleveland (file No. 450 43 12), showing the amount of the accumulated deficiencies in the revenues of the city for the years 1913, 1914 and 1915, amounting to one million five hundred thousand ($1,500,000) dollars, therefore

Be it resolved by the council of the city of Cleveland, state of Ohio, a majority of all members thereto concurring, that:

Section 1. It is necessary to sell bonris of the city of Cleveland, in evenes of two and one-half por cent (214%) of the total value of all property in the city of Cleveland, Jicted and assessed for taxation, for the purpose of supplying a deficiency in the revenues of the city; the sail honnis so to he issued in excess of two and one-half (21 ner cent of the total value of all property in

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