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For arc light on E. 149th st. Received and referred to the director of public service.

ESTIMATED ASSESSMENTS
File No. 45302.

September 4th, 1917. Το the Honorable Council of the City of Cleveland:

The undersigned board of revision of assessments having met at the time and place designated in the notices served for the following improvement, after careful consideration approved the estimated assessment as it now stands, and the improvement being deemed a necessity recommended that the necessary legislation to proceed and assess a tax therefore be enacted.

Hartley rd. N. E., from E. 152nd st. to easterly end, sewer. G. R. 10318.

W. S. FITZGERALD,
Director of Law.

By A. A. Cartwright, Asst.
C. S. METCALF,

Deputy Director of Finance.
ALEX BERNSTEIN,

Director of Public Service.
W. F. THOMPSON,
President of the Council.

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An ordinance to amend 1699 of the revised ordinances of the city of Cleveland and fixing the standard sizes of loaves of bread.

Passage recommended by the committee on health and sanitation, judiciary and director of law. Read second time.

The rules were suspended.
Yeas 25, nays 1.

Krueger. Meyers

Those who voted in the affirmative are, Messrs.: Becker Damm Dickerson Dittrick Faulhaber Fleming Gahn Horrigan

Kadlecek

Michell

McGinty

Stannard Stolte Sulzmann Taylor

Reynolds

Rolf

Thompson Townes

Schwartz

Wagner

Sledz

Smith

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Gahn

Fleming

Horrigan

Kadlecek

Krueger

Meyers

Michell

McGinty

Reynolds

Rolf

Schwartz

Sledz

Smith

Stannard

ordinances.

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

Read second time.

Ord. No. 45222.

An ordinance to provide for the appointment of a rapid transit commission.

Adverse report by the committee on street railways.

Cleveland, Ohio, September 4, 1917. To the Council of the City of Cleveland,

Gentlemen:

Your committee on street railways is reporting adversely upon ordinance No. 45222, the same being an initiated ordinance providing for the appointment of a rapid transit commission, commonly known as a subway commission, in accordance with the provisions of sections 4000-16 to 4000-28 of the general code of the state of Ohio. Your committee takes this action for the reasons given heretofore for its adverse report to an identical ordinance presented by the mayor, which report is known as File No. 44622 and is found on page 775 of the city record of this year. Your committee wishes to emphasize at this time that the subway commission authorized to be appointed by the ordinance in question is appointed under the terms of a state act and is not only against the spirit of our charter but is probably illegal under the terms of our charter. The plan proposed in a word provides for state rule of our in street railway terminals the downtown district instead of home rule as provided in our city charter. Respectfully submitted, JOHN W. REYNOLDS, E. A. MEYERS,

W. L. WAGNER,
WM. STOLTE,

Committee on Street Railways.

The rules were suspended.

Yeas 26, nays 0.

Read third time, not passed.

Yeas 11, nays 15.

Those who voted in the affirma

tive are:

Damm

Messrs.

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Those who voted in the negative

Messrs.

Dickerson

Dittrick

Fleming

Sulzmann

Taylor

are:

Becker

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Faulhaber

Wagner

Horrigan

Kadlecek

Meyers

Those who voted in the negative are. Messrs.: Stolte

Zmunt

Ord. No. 45226.

By Mr. Horrigan.

An ordinance to re-establish the grade of the curb lines of Detroit ave. N. W., from W. 28th st. to W. 29th st., and to repeal an ordinance passed April 30, 1867, and found on page 62 of the council proceedings of 1867.

Passage recommended by the director of public service, committee on streets and director of law. Read second time. Ord. No. 45227.

An ordinance to re-establish the grade of the curb lines of W. 25th st., from Detroit ave. N. W. to Franklin ave. N. W., and to repeal ordinance No. 16449, passed December 13, 1909.

Passage recommended by the director of public service, committee on streets and director of law. Read second time. Ord. No. 45228.

An ordinance to re-establish the grade of the curb lines of Superior ave. N. W.. from W. 6th st. to W. 9th st., and to repeal an ordinance passed October 18th, 1859, and found in volume B, page 149 of book of

McGinty

Reynolds Rolf Schwartz

Sledz

EMERGENCY

Ord. No. 44971.

Smith

Stolte

Sulzmann

Thompson Wagner ORDINANCES

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house numbering funds.

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

ure.

Read second time.

Passed as an emergency measure. Yeas 26, nays 0.

Ord. No. 45160.

An ordinance to issue bonds in the sum of ten thousand ($10,000.00) dollars to pay the cost and expense of opening and extending Colgate ave. N. W., from W. 65th st. to Lawn ave. N. W., for purchasing or condemning any land necessary therefor, for improving the same, and for securing the more complete enjoyment of the same.

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

Motion by Mr. Michell to suspend the rules was not sustained. Yeas 15, nays 11.

Those who voted in the affirmative are, Messrs.: Damm Dickerson

Dittrick Faulhaber

Fleming

Gahn Horrigan

Krueger

Meyers

Michell

Reynolds

Stannard

Taylor

Townes

Zmunt

Sulzmann

Thompson

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

Schwartz

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Wagner

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An ordinance to transfer the following:

$6.000 from 52-A-3 for labor operation to $5.000 52-Z for equipment and $1.000 52-E for maintenance equipment. city hospital.

$5.000 from 52-B for supplies to 52-7 for equipment, city hospital.

$1,000 from 52-D for maintenance buildings to 52-E for maintenance of equipment, city hospital.

$1.000 from 52-Y, for buildings to 52-E for maintenance of equipment, city hospital.

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.

Passed as an emergency measure.
Yeas 26, nays 0.

Ord. No. 45166.

An ordinance to appropriate two thousand ($2.000) dollars from the surplus unappropriated in the divi

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Referred to the director of public utilities, committee on public works, finance, director of finance and director of law, as an emergency

measure.

Ord. No. 45307.
By Mr. Damm.

An ordinance to transfer the following:

$400 from 62-A-3 to 61-F-1.
$200 from 62-A-3 to 62-E-4.
$500 from 63-A-3 to 63-B-10.
$200 from 63-A-3 to 63-E-2.
$200 from 63-A-3 to 63-Z-1.
$500 from 65-A-3 to 65-B-6
$200 from 63-A-3 to 66-Z-19.
$50 from 63-A-3 to 66-A-2.
$200 from 63-A-3 to 66-E-7.
Read first time.

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

Ord. No. 45308.

By Mr. Damm.

An ordinance to transfer the follownig:

$3.000 from 50-Z to 50-B.

$10,000 from 51-B to 50-B.
$2,000 from 51-A-3 to 50-B.
Read first time.

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

Ord. No. 45309.

By Mr. Dittrick.

An ordinance to authorize the director of public service to expend a sum not to exceed twenty-six thousand ($26,000.00) dollars for the paving, draining and improving of Edgewater-Cliff boulevard from Lake Ave. to the westerly line of the Edgewater-Cliff Company's land, and for the driveways adjacent to the triangle owned by the city of Cleveland at the intersection of Edgewater-Cliff blvd, and W. 103rd

st.

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lowing:

One hundred ($100) dollars from $2-A-3, notice servers to 82-A-5, extra notice servers, within the division of assessments and licenses.

Read first time.

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

EMERGENCY RESOLUTIONS

ADOPTED

File No. 44887.

Mr. Dittrick.

Whereas, this council has received a petition signed by the owners of property abutting upon W. 90th st. affected by the proposed vacation of a part of said W. 90th st. hereinafter described, and waiving notice of the passage of the resolution declaring the intention of the council to vacate said part of said W. 90th st.. and of the time and place at which objections can be heard before the board of revision of assessments, and consenting to the vacation as prayed for in said petition; and

Whereas, this council is satisfied that there is good cause for vacating the portion of W. 90th st. hereinafter described, and that it will not be detrimental to the general interest and ought to be made; and

Whereas, it is necessary for the daily operation of the department of public service and for the preservation of public property and safety, that the following described portion of W. 90th be vacated; now, st.

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Whereas, this council has received a petition signed by owners of property abutting upon Franklin ave. affected by the proposed vacation of a part of said Franklin ave. hereinafter described, and waiving notice of the passage of the resolution declaring the intention of the council to vacate said part of said Franklin ave.. and of the time and place at which objections can be heard before the board of revision of assessments, and consenting to the vacation as prayed for in said petition: and

Whereas this council is satisfied that there is good cause for vacating the portion of Franklin ave. hereinafter described. and that it will not be detrimental to the general interest and ought to be made; and

Whereas, it is necessary for the daily operation of the department of public service and for the preservation of public property and safety. that the following described portion of Franklin ave. be vaceted; now, therefore,

Be it resolved by the council of the city of Cleveland, state of Ohio. two-thirds of all members elected thereto concurring, that it hereby declares its intention to vacate the following described part of Franklin ave.:

Beginning at the intersection of. the easterly line of W. 89th st. extended and the southerly line of Franklin ave.; thence westerly along the southerly line of Franklin ave. to the intersection of the center line of W. 90th st. and the southerly line of Franklin ave.; thence northerly along the center line of W. 90th st. extended to the northerly line of Franklin ave.; thence easterly along the northerly line of Franklin ave. to a point which is the intersection of the northerly line of Franklin ave, and the easterly line of W. 89th st. extended; thence southerly to the place of beginning. That 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 third time.

Adopted as an emergency measure.
Yeas 24, nays 0.
File No. 44889.

Mr. Dittrick.

Whereas, this council has received a petition signed by the owners of all the property abutting upon W. 89th st. affected by the proposed vacation of a part of said W. 89th st. hereinafter described, and waiving notice of the passage of the resolution declaring the intention of the council to vacate said part of said W. 89th st.. and of the time and place at which objections can be heard before the board of revision of assessments, and consenting to the vacation as prayed for in said petition; and

Whereas, this council is satisfied that there is good cause for vacating the portion of W. 89th st. hereinafter described. and that it will not be detrimental to the general interest and ought to be made; and

Whereas, it is necessary for the daily operation of the department of public service and for the preservation of public property and safety, that the following described portion of W. 89th st. be vacated; now, therefore,

Be it resolved by the council of the city of Cleveland, state of Ohio, two-thirds of all members elected thereto concurring, that it hereby declares its intention to vacate the following described part of W. 89th st.:

All that portion of W. 89th st.. bounded on the north by the southerly line of Franklin ave., and on the south by the northerly right of way line of the New York. Chicago & St. Louis Railroad Company.

That 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 third time.

Adopted as an emergency measure.
Yeas 24, navs 0.
File No. 45311.

Rv, Mr. Kadlecek,

Whereas, W. Tyler Mallo and Edna Mallo donated to the city of Cleveland a strip of land containing 3.626 acres. between Washington nark and Harvard rd.. for park and boulevard purposes, by deed dated Tuly 7th. 1916. and recorded in book No. 1, page 255 of land title registers of Cuyahoga county. Ohio, and

Whereas, under the terms of said deed the city of Cleveland agreed to complete the grading to the established grade of said boulevard from its present end near E. 42nd st. to Harvard rd.. on or before July 1st, 1918 and

Whereas, to complete said boulevard to Harvard rd. it is necessary to acquire a small parcel of land owned by William G. Volman: and

Whereas, by council resolution No 41272. passed July 17th. 1916, and council ordinance No. 42217, passed

November 27th, 1916, appropriation proceedings were begun in Insolvency court to acquire said necessary land, and

Whereas, by case No. 6718 in Insolvency Court of Cuyahoga county entitled "The City of Cleveland vs. William G. Volmar, et al" a verdict was rendered by said Insolvency Court April 13, 1917, granting said William G. Volmar et al the sum of seven thousand two hundred and fifty dollars ($7,250.00) for said land and

Whereas, the city of Cleveland has at present no fund for paying said sum of seven thousand two hundred and fifty dollars ($7,250.00) court costs amounting to sixty-four dollars and sixty-two cents ($64.62), and accrued interest on said verdict and

Whereas, W. Tyler Mallo is willing to advance money to pay said entire cost of the Volmer land; therefore

Be it resolved, that it is the sense of this council that the entire co of said Volmar land shall be reimbursed to W. Tyler Mallo as soon as the city of Cleveland shall have provided the necessary funds to pay said cost. The sum to be paid by the city of Cleveland shall not exceed seven thousand five hundred dollars ($7,500.00) and shall be determined by the cost of said land as set by the the Insolvency Court, plus court costs and the accrued interest on said verdict to date; all to be approved by the director of public service.

Adoption recommended by the director of public service, the committee on parks, finance, the director of finance, and the director of law as an emergency measure. Read first time.

Adopted as an emergency meas

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with and 's voltage starting taps. Rotary to be equipped with end play D. C. speed limiting device, equalizer switch on panel fastened to converter frame, shunt field break up switch mounted on converter, etc.; and

Be it further resolved, that when said converter has been received and installed at the Harvard ave, substation, the actual cost of same not to exceed $17,000.00 shall be deemed a capital charge as provided by amended ordinance No. 16238-A.

Adoption recommended by the committee on street railways.

Adopted.

File No. 45197.

Mr. Reynolds.

Resolved, that the Cleveland Railway Company be and the same is hereby authorized to enter into contract with The Cleveland Trolley Supply Company for 1,475 conductor's stools complete ready to attach to fare box stand as shown on The Cleveland Railway Company's drawing No. 2815; and

Be it further resolved. that when said stools are received and placed in service, the actual cost of same not to exceed $8,500.00 be deemed a capital charge provided as in

amended ordinance No. 16238-A. Adoption recommended by the committee on street railways. Adopted.

File No. 45198.

Mr. Reynolds.

Resolved, that the Cleveland Railway Company be and the same is hereby authorized to enter into contract with the Wm. Wharton Jr. & Co. for the purchase of special work to be used at the corner of Euclid ave, and E. 105th st.; and

Be it further resolved, that when said special work has been received and installed the cost of same not to exceed $8,856.30 to be distributed between capital and M. D. & Ras provided in amended ordinance No. 16238-A. the

Adoption

recommended by committee on street railways. Adopted.

NEW RESOLUTIONS ADOPTED File No. 45312.

By Mr. Reynolds.

Resolved, that, whereas, the operation of the extension in W. 35th st., requires the installation of a Wye at the old city limits near Cypress ave., and

feet

Whereas, The Cleveland Railway Company is desirous of purchasing a parcel of land about 41.8 front on W. 35th st., formerly State rd. for such purpose,

Now, therefore be it resolved that the Cleveland Railway Company be and the same is hereby authorized to purchase the said parcel of land for the purpose above set forth and that the actual cost of same not to exceed $1,600.00, be deemed a capital charge as provided by the sions of amended ordinance 16238-A.

Adoption recommended by committee on street railways. Adopted.

Fil No. 45313.

provi

No.

the

By Mr. Sulzmann. Whereas, the president of the United States has appealed to the people for the conservation of iron and steel, for use for war purposes, and

Whereas, the city, at this time, is fin ling difficulty in disposing of bonds for the public hall at a reasonable rate of interest; and

Whereas, it appears that the city will be unable to build a public hall, as planned, out of the sum of money authorized for its construction; and Whereas, traffic on the down town streets is daily becoming more con

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

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Whereas, the council did on July 16, 1917, by resolution file No. 44973, request that a study be made of a plan for downtown terminal subways by the office of the commissioner of engineering and construction, which study was to be made with such expert assistance as may be necessary; and

Whereas, it seems desirable that the city plan commission should supervise the study to be made of a plan for downtown terminal subways in accordance with the provisions of section 77 of the city charter, now, therefore,

Be it resolved by the council of the city of Cleveland, state of Ohio: that the city plan commission be requested to have a study made of the question of a plan for downtown subways and of any other features of a subway plan for Cleveland, using for this purpose the services of the office of the commissioner of engineering and construction of the city of Cleveland and such experts as the commission may find it necessary to employ; and

Be it further resolved: that the council hereby declares its intention to appropriate from time to time such sums of money as may be necessary for the making of this study by the city plan commission, and

Be it further resolved: that the city plan commission be requested to file with the council the results of its investigation when the same is completed.

Motion by Mr. Damm to refer to the committee on finance was sustained.

Yeas 13, nays 10.

Those who voted in the affirmative

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FIRST READING RESOLUTIONS File No. 45335.

Bv Mr. Thompson. Whereas, the council has received a petition signed by the owners of all property abutting upon the alley lying about one hundred and thirty (130) feet north of Union ave. S. E. and extending from E. 99th st. easterly to the easterly line of the Doering subdivision affected by the proposed vacation of a part of said alley, and waiving notice of the passage of resolution declaring the intention of the council to vacate said part of said alley, and of the time and place at which objections can be heard before the board of revision of assessments and consenting to the vacation as prayed for in said petition; and

Whereas, this council is satisfied that there is good cause for vacating the portion of said alley, and that it will not be detrimental to the general interests and ought to be made, now, therefore, be it

Resolved, by the council of the city of Cleveland, state of Ohio, that it hereby declares its intention to vacate the portion of the alley lying about one hundred and thirty (130) feet north of Union ave. S. E., and extending from E. 99th st., easterly to the easterly line of the Doering subdivision.

Read first time.

Referred to the director of public service, the committee on streets, city property and director of law.

SIDEDWALKS

File No. 45336.
By Mr. Stannard.

To lay, relay, repair sidewalks on various streets at various places: On Colgate ave., at No. 6804.

On N. W. corner W. 14th st. and Denison ave.

File No. 45337.

By Mr. Stannard.

To lay, relay, repair sidewalks on various streets.

On Broadway (SS) from No. 8840 to 100 ft. east.

On Kelly ave. (SS) from E. 38th st. to 200 ft. westerly.

On Maryland ave. at No. 7705. On Russell rd. at S. E. cor. Superior ave.

On St. Clair ave., at No. 7216.

On Spafford rd., opposite No. 7826. On N. W. cor. E. 43rd st. and Central ave.

On E. 69th st. (WS), Central ave. to Cedar ave.

On E. 71st st., at No. 1876.

On E. 71st st., from No. 3688 to Chambers ave.

On E. 79th st. (ES) vacant lot next S. of No. 731.

File No. 45338.

By Mr. Stannard.

To lay, relay, repair sidewalks on various streets at various places:

On E. 82nd st. (WS) from St. Clair ave, to northerly end of street.

On E. 90th st. (NS) from Cedar ave. to No. 2113.

On E. 117th st., at Nos. 3280 and 3244.

On E. 123rd st., at No. 1894. On E. 147th st., at No. 919. The above resolutions read first time.

Referred to the

sidewalks.

File No. 45339.

Mr. Stannard.

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Resolved, that the sidewalks on the following streets and between the points named be laid with the material and to the width hereinafter mentioned, as recommended by th committee on sidewalks.

Mr. Thompson-(File No. 45213) — That the sidewalks on E. 113th st. (east side), between house No. 4099 inc., and Harvard ave. S. E., be laid, relaid and repaired with stone or cement to the full width of present walk to the established grade, said stone in no place to be less than 21⁄2 inches thick.

Mr. Thompson-(File No. 45214)— That the sidewalks on E. 113th st., (west side) between house No. 4112 inc., and Harvard ave. S. E., be laid, relaid and repaired with stone or cement to the full width of present walk to the established grade, said stone in no place to be less than 2%1⁄2 inches thick.

Mr. Krueger (File No. 45215)— That the sidewalks on Helena ave, N. E., between E. 108th st. and Parkwood dr. N. E., be laid, relaid and repaired with stone or cement to the full width of present walk to the established grade, said stone in no place to be less than 21⁄2 inches thick.

By Mr. Townes-(File No. 45216) -That the sidewalks on W. 28th st., between Montclair ave. S. W., and Tate ave. S. W., be laid, relaid and repaired with stone or cement to the full width of five (5) feet to the established grade, said stone in no place to be less than 21⁄2 inches thick.

Mr. Dickerson-(File No. 45217)That the sidewalks on W. 110th st. (west side) between Lorain ave. and Fidelity ave. S. W., be laid, relaid and repaired with stone or cement to the full width of five (5) feet to the established grade, said ston in no place to be less than 221⁄2 inches thick.

And that the mayor be directed to cause legal notice to be served upon the owners of property abutting on said sidewalks, or their agent or agents, of the adoption of this resolution and if said sidewalks within fifteen days from the service of said notice are not constructed a tax will be levied to pay for the same and the director of public service is directed to have the same done at the expense of said proprty owners.

Adoption recommended by the committee on sidewalks.

Read second time, the rules were suspended. Yeas 23, nays 0. Read third time, adopted. Yeas 23, nays 0.

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