The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1937-11-26
ORDINANCE No. 362O

Defining the terms and conditions upon which
the Pennsylvania Railroad Company, its sue
cessors and assigns. may construct MAIN
tain and operate sidetrack in Mosler Ave-
nue. and Edison Avenue Alley. in the Fifth
Ward of the City of Hamilton, Ohio to
serve property of The Antenen Engineering
Company, its successors and assigns to-wit:
Lots numbered 1928 to 1927, both inclusive.
BE IT ORDAINED by the Council of the
City of Hamilton, Ohio:
Section L: That permission be and the same
IS hereby granted TO the Pennsylvania Railroad
Company, its successors and assigns for a
period OF Is years, from and after the passage
of this ordinance, to construct maintain and
operate sidetrack in Mosler Avenue and Edi-
son Avenue Alley. in the Fifth Ward of the
City of Hamilton. Ohio to serve the property
OF The Antenen Engineering Company, its
successors and assigns, to-wit: Lots numbered
l1228 to 1927, both inclusive said sidetrack
to be connected to the tracks Of the railroad
at a point approximately where the south
curb line of Edison Avenue if extended east
Wardiy would intersect the east right of way
line of the Pennsylvania Railroads thence
eurving enthusiastically and across Mos
Ter Avenue to point approximately the south
east corner of Lot Number 11242; thence con-
tlnuing on approximately the same radius of
curve over and Edison Avenue Alley
to the property of The Antenen Engineering
Company. Such permission is to be upon the
following terms and conditions and subject to
strictions, to-wit:
(a1 Said sidetrack shall be used to serve
the property of The Antenen Engineering
Company. its successors and assigns.
tb) Said sidetrack shall be constructed in
accordance with specifications to be approved
by the City Manager and the Director of
Public Works.
tc) The granting of the aforesaid permission
snail IN no way interfere with the right of
the City Of Hamilton to construct, operate and
maintain pipes. wires conduits, service lines.
or other structures above, through or under
the space occupied by said sidetrack, or to
Grant permission To any public utility operating
in the City of Hamilton to construct such
structures above, through under said space.
(d) Said Railroad Company shall replace
and restore any pipes wires. conduits, service
lines or other structures disturbed by it in
the construction of said sidetrack including
street restoration, subject to the approval OF
the Director of Public Works.
le1 In accepting the permission granted
hereunder. the said Pennsylvania Railroad
Company and The Antenen Engineering Com
pany, their respective successors and as
signs. agree that they will not permit any car
to stand at any time on said roadway
tf In accepting the permission granted here
under, the said Pennsylvania Railroad Company.
its successors and assigns and The Antenen En-
eineering Company. its successors and assigns
agree that they will save and hold the City
Of Hamilton, Ohio, harmless from all ex-
pense. costs. liability and claims for damages
caused by or growing out of the construction
maintenance, operation. discontinuance or
abandonment of said sidetrack.
tgl Whenever the permission herein granted
shall cease, the said Pennsylvania Railroad
Company, its successors, shall Immediately
remove said sidetrack from said location. and
in event of failure 70 remove said sidetrack
the City of Hamilton shall have the right TO
make such removal and charge the expense
thereof to said Pennsylvania Railroad Conn
pany and its successors and assigns.
th) Before constructing said sdetrack said
Railroad Company shall obtain all necessary
permits required by ordinances for similar
construction.
Gl The permission herein granted to con-
struot said sidetrack shall be exercised, and
said sidetrack constructed within one year
from the date which this ordinance becomes
effective otherwise the provisions Of this ordi-
nance shall be void.
(j1 Said Railroad Company is hereby re-
quired at all times to keep said street and alley
between the rails of said track in good order
and repair so as TO permit travel and
across the same.
SECTION II: The construction OF the side
track herein authorized shall be considered as
an acceptance by the Pennsylvania Railroad
Company and The Antenen Engineering Com
pany of the terms and conditions OF this
ordinance.
SECTION III: This ordinance shall take
effect and be in full force and effect from and
after the earliest period allowed by the char
ter Of the City Of Hamilton Ohio.
Passed November III 1887
R. II. BURKE, Mayor
Attest: ADELE EDMoNDs,
Clerk of Council.
Nov. 26-It