The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1937-10-29
PROPOSED ORDINANCE

Defining the terms and conditions upon which
the Pennsylvania Railroad Company, its sue
cessors and assigns, may construct, MAINTAIN
and operate sidetrack in Mosler Avenue
and Edison Avenue Alley, in the Fifth Ward
Of the City of Hamilton, Ohio, to serve
property Of the Antenen Engineering Com
pany, its successors and assigns, lo-"h:
Lots numbered 1928 to 1927, both inclusive
BE IT ORDAINED by the Council OF the
City of Hamilton, Ohio:
SECTION 1 That permission be and the
same is hereby granted for a period OF 10
years from and after the passage OF TINS
ordinance to The Pennsylvania Railroad Com
pany its successors and assigns, TO construct,
maintain and operate sidetrack IN Moslef
Avenue and Edison Avenue Alley, IN the Fifth
Ward of the City of Hamilton, ONO. 70 serve
the property of The Antenen Engineering
Company its successors and assigns, to-wit: !:
Lots numbered 1929 to 1877, both inclusive,
said sdetrack to be connected to the tracks
of the railroad at point approximately where
the south curb line of Edison Avenue 1t eX-
tended eastwardly would intersect the east
right of way line of the Pennsylvania Rail-
road; thence curving southWestWardty over
and across Mesler Avenue to a point approx
mately the southeast corner of Lot Number
11242: thence continuing on approximately
the same radius OF curve over and across Edl-
son Avenue Alley to the property oil me
Antenen Engineering Company. Such permls-
sion is to be upon the following terms ana
conditions and subject to the following resef-
vations. limitations and restrictions, to-Wlt;
fa) Said sidetrack shall be used to serve
the property of The Antenen Engineering Com
oany. its successors and assigns.
(b) Said sidetrack shall be constructed in
accordance with specifications to be approved
by the City Manager and the Director OF
Public Works.
al The granting of the aforesaid PERMISSION
ebalI ii no way interfere with the right oil
the CITY Of Hamilton, Ohio, to construct,
onerate and maintain pipes, wires, condIits,
service lines, or other structures above, Inrough
or under the space occupied by said sidetrack,
or to grant permission to any pubHc utiiity
operating in the City of Hamilton to constfucI
such structures above, through or under said
space.
ld) Said railroad company shall replace ana
restore any pipes, wires, condults service Ihes
~ other structures disturbed by it in the
construction of said sidetrack, including street
restoration subject to the approval OF the
Director Of Public Works
le) In accepting the permission granted here
under. the said Pennsylvania Railroad Com
pany and The Antenen Engineering Company
their respective successors and assigns, agree
that they will not permit any car TO stanu
at any time said roadway
(f) In accepting the permission granted
hereunder the said Pennsylvania Railroad
Company its successors and assigns, and The
Antenen Engineering Company, ITS successors
and assigns agree that they will save and
hold the City of Hamilton, Ohio, harmless
from all expense, costs, liability and claims
for damages caused by or growing out OF the
construction, maintenance, operation, dlscon-
tinuance or abandonment of said sidetrack.
(g) Whenever the permission herein granted
shall cease. the said Pennsylvania Railroad