An ordinance to accept the dedication of Rexford ave. S. E., from E. 118th st. to the west line of the R. Weiss allotment. Passage recommended by the director of public service, committee on streets and director of law. Read second time. Ord. No. 47487. By Mr. Rolf. An ordinance determining to proceed with the improvement and to levy and assess a special tax to pay the cost and expense of constructing a brick masonry, concrete steel, segmental block, and vitrified pipe sewer with necessary appurtenances in Larchmont rd. N. E.. from St. Clair ave. N. E. to Clermont ave. N. E., as per estimated assessment No. 2944. (G. R. 10490). Passage recommended by the committee on taxes and assessments and the director of law. Read second time. Ord. No. 47488. By Mr. Meyers. An ordinance to assess an additional tax to pay the cost and ex577 Resolved, that the sidewalks cn the following streets and between the points named, be laid, with the material and to the width hereinafter mentioned, as recommended by the committee on sidewalks: Mr. Soika-(File No. 47167)-That the sidewalks on Honeydale ave. S. E., between E. 116th st. and E. 120th st., 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. Soika-(File No. 47215)-That the sidewalks on E. 140th st., north. between Kinsman rd. and city limits, 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. Rolf (File No. 47317)-That the sidewalks on E. 160th st., between Waterloo rd. N. E. and north end of street, 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. Braschwitz-(File No. 47318) -That the sidewalks on West blvd. S. W., between Lorain ave. and Loretta ave. S. W., 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 inches thick. Mr. Townes (File No. 47319)-That the sidewalks on Riverside ave. at northeast corner Fulton rd., 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. Soika (File No. 47320)-That the sidewalks on Rexford ave. (north side), between E. 118th st. and E. 120th st., 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. Soika (File No. 47369)-That the sidewalks on Parkview ave. S. E., between East blvd. S. E. and E. 111th st.. be laid, relaid and repaired with stone or cement to the full width of four feet to the established grade, said stone in no place to be less than 21⁄2 inches thick. Mr. Soika-(File No. 47370)-That the sidewalks on various streets 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: On Parkview ave. (north side), from E. 123rd st. to a point 300 feet west. On E. 84th st., between Linwood ave. and Hough ave. Mr. Dittrick-(File No. 47371)— That the sidewalks on W. 116th st., between Detroit ave. N. W. and Clifton blvd. N. W., 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. Braschwitz-(File No. 47372) -That the sidewalks on Almira ave. S. W. (north side), between W. 88th st. and W. 94th st., be laid, relaid and repaired with stone or cement to the full width of five feet to the established grade, said stone in no place to be less than 221⁄2 inches thick. Mr. Soika-(File No. 47373)-That the sidewalks on Franklin ave. (north side) lot No. 60, being 30 feet east of house No. 2326, 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 22 inches thick. Mr. Dembowski-(File No. 47415) -That the sidewalks on Bessemer ave. (south side), between E. 65th st. easterly and Standard Car Wheel Co., 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. Soika-(File No. 47416)-That the sidewalks on various streets and places be laid, relaid and repaired with stone or cement to the full with of present walk to the established grade, said stone in no place to be less than 21⁄2 inches thick: On Scranton rd. (east side), between Fairfield ave, and house No. 2297. On W. 49th st. (west side), at house No. 3490. on ave. Mr. Soika--(File No. 47482)-That sidewalks the Governor (south side), next lot west of house No. 11217, 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% inches thick. Mr. Soika-(File No. 47483)-That the sidewalks on E. 65th st. (east side), at house No. 2651, 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 22 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 property owners. Adoption recommended by the committee on sewers and sidewalks. Read second time. The rules were suspended. Read third time. Adopted. Yeas 24, nays 0. Be it resolved by the council of the city of Cleveland, state of Ohio: That steps be taken by this body looking toward enactment of a law that will forbid rent profiteering, and that the director of law is hereby directed and instructed to draw up an ordinance creating a board to hear controversies between landlord and tenant, as to what was reasonable rent with the right of appeal to the city court and a jury trial. Adoption recommended by the committee on judiciary. The director of law reports as follows: July 1, 1918. John Sulzmann, Councilman, City. Dear Mr. Councilman: Referring to recent conversation relative to your resolution No. 47410 in regard to rent profiteering, I beg to advise you that in my judgment there is no authority vested in the city whereby disputes between landlord and tenant could be legally determined. Such power might be vested in public officials if authorized by congressional action as a war measure. However, as previously suggested to you, there would be no illegality connected with the creation of a local board or commission to hear controversies with respect to charges for rent but any finding made by such a tribunal would have to depend for enforcement upon the pressure of public sentiment rather than on any power which the city might possess. Adopted. Very truly yours, File No. 47417. declaring the necessity to appropriate property for park and boulevard purposes. Whereas, on or about March 6, 1895, the city of Cleveland entered into possession of certain property theretofore belonging to Jesse Nichols, under and by virtue of condemnation proceedings instituted in the probate court of Cuyahoga county, on or about August 17, 1894, pursuant to action of the board of park commissioners, created, organized and acting under a statute of the state of Ohio enacted April 5, 1833; and Whereas, protracted litigation has followed the matter of such acquisition of said property, resulting in a decision by the United States circuit court of appeals, on the 8th day of January, 1918, declaring said condemnation proceedings to be null and void, and decreeing the title to said premises to be in Viola M. Nichols, as grantee from said Jesse Nichols; and Whereas, the said property has, since 1895, been improved by the city of Cleveland and made a part of its public park and boulevard system, and is now being used as such; and Whereas, this resolution constitutes an emergency in that it pro July 3, 1918 vides for the immediate preservation Be it resolved by the council of Section 1. It hereby declares its Situated in the city of Cleveland, Commencing at the northeast corner of original lot No. 393, which corner lies at the intersection of the center lines of Wade Park ave, and E. 105th st.; thence in a southerly direction along the center line of E. 105th st. and the east line of said lot No. 393, and which bears south 0° 31' 50" east, a distance of 424.10 feet to a point; thence south 89° 38' 40" west along the northerly lines of parcels A and D of Jesse Nichols Sr.'s sub-division as recorded in volume 33, page 6 of Cuyahoga county records, a distance of 444.66 feet to a point which is the place of beginning and which bears south 89° 38' 40" west, 25.03 feet from a stone; thence along the arc of a circle deflecting to the left 125.79 feet to its intersection with the southerly line of parcel D in said Jesse Nichols Sr.'s sub-division, said are having a radius of 1097 feet, a chord which bears south 1° 33′ 39′′ west 125.72 feet; thence south 86° 25′ 40′′ west along the southerly line of parcel D, 42 feet to the southwest corner of said parcel D; thence south 9° 14' 50" east along the west line of parcel E in said Jesse Nichol Sr.'s sub-division 126.50 feet to a point which is the northwest corner of parcel F in said sub-division; thence south west east along the 242 39′ 50′′ corline of said parcel F, 118.33 feet the southwest to a point at south F: thence of parcel the along west 10" 899 35' land formerly line of southerly owned by Jesse Nichols Sr., a disstone; 547.68 feet to of tance Jesse thence north 0° 21' 40" east along line of the the westerly Nichols Sr.'s land 87.03 feet to a stone; thence north 0° 2′ 50′′ east along the westerly line of the Jesse Nichols Sr.'s land 273.78 feet to a stone; thence north 89° 28' 10" east along the northerly line of the Jesse Nichols Sr.'s land 284.28 feet to a stone; thence continuing along the northerly line of Jesse Nichols Sr.'s land 238.44 feet to the place of beginning. ner a Also in connection with the foregoing appropriation for park and boulevard purposes, it hereby derights, clares its intention to appropriate easement, the following privileges and restrictions, to-wit, the right to use, for the purpose of constructing, laying and maintaining therein sewers, drains, conduits, gas pipes, which water pipes and may be at any time constructed or laid by the city of Cleveland in or under a strip of land 25 feet in off from the westerly side dewidth of the premises hereinafter scribed, with the further right to impose the following restrictions upon the premises next hereinafter described, to the effect that no building or structure of any kind shall be erected or placed upon said lands within 25 feet of the lands herein and for park no first appropriated and that boulevard purposes, building or structure now or herethereon or placed after erected within 100 feet of the land so appropriated for park and boulevard purposes shall be used for a stable, The City Record saloon or any mechanical, mercan- Situated in the city of Cleveland, county of Cuyahoga and state of Ohio, and more particularly described as follows: Commencing at the northeast corner of original lot No. 393, which corner lies at the intersection of the center lines of Wade Park ave, and E. 105th st.; thence in a southerly direction along the center line of E. 105th st. and the east line of said lot No. 393 and which bears south 0° 31' 50" east, a distance of 424.10 feet to a point; thence south 89° 38' 40" west along the northerly lines of in parcels A and D of Jesse Nichols as recorded Sr.'s sub-division 6 of Cuyahoga 33, page volume county records, a distance of 419.63 feet to a stone which is the place of beginning; thence along the arc of a circle deflecting to the left 12.03 feet, said are having a radius of 1072 chord which bears S, feet and a 4° 02′ 56′′ west 12.03 feet; thence or Also in connection with the foregoing appropriation for park and it hereby deboulevard purposes, clares its intention to appropriate the right to impose the following restrictions upon the premises next hereinafter described, to the effect that no building or structure now or hereafter erected or placed thereon within 100 feet of the land so appropriated for park and boulevard as first above described, purposes shall be used for a stable, saloon or for any mechanical, mercantile purpose; provided, manufacturing always, that, subject to the restrictions, rights and reservations herein appropriated, the owner of said parhereinafter denext cel of land scribed, shall have the right of access by way of ingress and egress to and from the boulevard now located on the premises first above described. The premises to which said easement and restrictions appertain are described as follows: Situated in the city of Cleveland, state of decounty of Cuyahoga and more particularly Ohio, and scribed as follows: Commencing at the northeast corner of original lot No. 393, which corner lies at the intersection of the center lines of Wade Park ave, and E. 105th st.; thence in a southerly direction along the center line of E. 105th st. and the east line of said lot No. 393 and which bears south 0° 31' 50 east, a distance of 424.10 feet to a noint; thence south 89° 38' 579 40" west along the northerly lines of 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 Adoption recommended by the di- By adding after the word "de- "subject to such reasonable con- Adopted as an emergency measure. SECOND READING RESOLUTIONS To construct water main together To construct water main together with its appurtenances in W. 94th st., from 60 feet south of Almira ave. S. W. to north line of Maywood ave. S. W. Adoption recommended by the di assessments rector of public utilities, committee on streets, taxes and and director of law. Read second time. File No. 47535. By Mr. Townes. Resolution declaring the necessity of issuing bonds of the city of Cleveland in excess of the aggregate of 21⁄2 per cent of the total value of all property in the city of Cleveland, as listed and assessed for taxation, in the sum of $2,500,000.00 for the purpose of supplying a deficiency in the revenues of the city. Be it resolved by the council of the city of Cleveland, state of Ohio, two-thirds of all members thereto concurring, that it is necessary to issue and sell bonds of the city of Cleveland for the purpose of supplying a deficiency in the revenues of the city, in an amount in excess of two and one-half per cent (220) of the total value of all property in the city of Cleveland, as listed and assessed for taxation, to-wit: in the sum of two million five hundred thousand ($2,500,000.00) dollars; and that the question of issuing and selling said bonds of said city in excess of two and one-half per cent (22%) as aforesaid, in the sum as aforesaid, be submitted to a vote of the qualified electors of the city of Cleveland at the general election to be held on the fifth day of November, 1918, at the regular place or places of voting in said city, as established by the board of deputy state supervisors and inspectors of elections of Cuyahoga county, Ohio, between the hours of 5:30 a. m. and 5:30 p. m., central standard time; that said election shall be conducted and certified in the manner provided by law; that the question whether such bonds shall be issued shall be in the form following: "Shall the bonds of the city of Cleveland be issued in the sum of $2,500,000.00 for the purpose of supplying a deficiency in the revenues of the city;" and those who vote in favor of the proposition shall have written or printed on their ballots the words: "For the issue of bonds," and those who vote against the same shall have written or printed on their ballots the words: "Against the issue of bonds." That the mayor be and he is hereby directed to give public notice of the time and places of holding said election in the manner provided by law, and that the clerk of council be and he is hereby directed to certify a copy of this resolution to the board of deputy state supervisors and inspectors of elections of Cuyahoga county, Ohio. This resolution shall be in force from and after the earliest period allowed by law. Read first time. On W. 43rd st. at southeast corner Train ave. The above resolutions read first time and referred to the director of public service, committee on sewers and sidewalks, taxes and assessments and director of law. An ordinance determining to proceed with the improvement and to levy and assess a special tax to pay the cost and expense of constructing a brick masonry, segmental block or concrete steel sewer with necessary appurtenances in Adelbert rd., from Euclid ave. to N. Y., C. & St. L. R. R., as per estimated assessment No. 2948. (G. R. 10498). committee on taxes and assessments and the director of law. Ord. No. 47543. By Mr. Krueger. An ordinance determining to proceed with the improvement and to levy and assess a special tax to pay the cost and expense of constructing a vitrified pipe sewer with necessary appurtenances in St. Clair ave. N. E., from E. 88th st. to E. 93rd st., as per estimated assessment No. 2949. (G. R. 10500). Read first time. Referred to the taxes and assessments and the director of law. Ord. No. 47544. By Mr. Becker. An ordinance determining to proceed with the improvement and to levy and assess a special tax to pay the cost and expense of constructing a vitrified pipe sewer with necessary appurtenances in W. 47th st., from Clark ave. S. W. to Oakley ave. S. W., as per estimated assessment No. 2950. (G. R. 10502). Read first time. committee on taxes and assessments and the director of law. Ord. No. 47545. By Mr. Krueger. An ordinance determining to proceed with the improvement and to levy and assess a special tax to pay the cost and expense of constructing a vitrified pipe sewer with necessary appurtenances in Lowell ave. N. E., from E. 96th st. to E. 99th st., as per estimated assessment No. 2951. R. 10504). Read first time. the committee (G. on taxes and assessments and the director of law. Ord. No. 47546. By Mr. Rolf. An ordinance determining to proceed with the improvement and to levy and assess a special tax to pay the cost and expense of constructing a vitrified pipe sewer with necessary appurtenances in Yorick ave. N. E., from Ivanhoe rd. to 850 feet easterly, as per estimated No. 2952. assessment (G. R. 10506). Read first time. on Referred to the committee taxes and assessments and the director of law. Ord. No. 47547. By Mr. Rolf. An ordinance determining to proceed with the improvement and to levy and assess a special tax to pay the cost and expense of constructing a vitrified pipe sewer with necessary appurtenances in Waldo rd. N. E., from St. Clair ave. to Yorick ave., as per estimated assessment No. 2953. (G. R. 10508). Read first time. to the taxes and assessments and the director of law. Ord. No. 47548. By Mr. Kadlecek (by request). An ordinance to vacate a portion of E. 33rd st., from the right of way of the Erie R. R. Co. to 229.46 feet southerly. a point Read first time. Referred to the director of public service, committee on streets, city property and director of law. The council recessed to meet Monday, July 8, 1918, at 6:55 o'clock p. m. "PenKorki' Clerk of Council. ADOPTED RESOLUTIONS AND File No. 47060. a By Mr. Thompson. To construct gether with the appurtenances in water main toDove ave. S. E., from E. 116th st. to E. 109th st. Section 1. Be it resolved by the council of the city of Cleveland, state of Ohio (three-fourths of the whole number elected thereto concurring): That it is necessary and conducive to the public health, convenience and welfare that Dove ave. S. E., from E. 116th st. to E. 109th st., be improved by therein a water main together with constructing the necessary appurtenances in ac The City Record cordance with the plans, specifica- Sec. 2. That so much of the entire of public utilities has fixed 100 years Sec. 4. That notes or bonds of Sec. 5. That the remainder of the Adopted June 24, 1918. HARRY C. GAHN, construct Section 1. Be it resolved by the 13 of W. 49th st., in proportion to the benefits which may result from said improvement and it is hereby determined that said lots and lands are especially benefied by said improvement. Sec. 3. That the assessments so to be levied shall be paid in five (5) annual installments; provided that the owner of any property assessed may at his option pay such assessment in cash with forty (40) days from and after the passage of the assessing ordinance. of public utilities has fixed 100 years The director the estimated life of the improvement. as Sec. 4. That notes or bonds of the city of Cleveland shall be issued in anticipation of the collection of assessments by installments. Sec. 5. That the remainder of the entire cost of said improvement, not especially assessed, including the cost of intersections, and one-fiftieth of all cost and expense exclusive of street intersections shall be paid out of the water fund or moneys derived from the sale of bonds. Sec. 6. That the finance is hereby directed to cause director of written notice to be served upon the owner of each lot or parcel of land to be assessed, or upon the persons in whose names the same may be assessed for taxation upon the tax duplicate. Sec. 7. That this resolution shall take effect and be in force from and after the earliest period allowed by law. Adopted June 24, 1918. HARRY C. GAHN, President of the Council. Section 1. Be it resolved by the council of the city of Cleveland, state of Ohio (three-fourths of the whole number elected thereto concurring): That it is necessary and conducive to the public health, convenience and welfare that Avon ave. S. E., from 5391⁄2 feet east of E. 102nd st. to 24 feet west of E. 116th st.. be improved by constructing therein a water main together with the necessary appurtenances in accordance with the plans, specifications and profiles, on file in the office of the director of public utilities, and with the shown by assessment report No. 7, cost as all of which are hereby approved. Sec. 2. That so much of the entire cost and expense of this improvement, less the cost of laying said water main across street intersections and one-fiftieth of the entire cost exclusive of street tions, shall be assessed upon all the interseclots and lands abutting upon said Avon ave. S. E., between 5391⁄2 feet east of E. 102nd st. and 24 feet west of E. 116th st., in proportion to the benefits which may result from said improvement and it is hereby determined that said lots and lands are especially benefited by said improvement. |