The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1941-09-26
RESOLUTION NO. 77s2

A resolution granting to Krauth Sc Ben
ninghofen, of Hamilton, Ohio, a part
nership, permission to construct a new
sidetrack on Zimmerman Avenue, from
the first alley running east and west,
north of Symmes Avenue, southwardly
on Zimmerman Avenue approximately
$50 feet, under certain terms and con-
ditions.
WHEREAS Krauth & Bennnghofen
have asked Council for permission to con-
Struct and maintain new sidetrack over,
upon and across Zimmerman Avenue,
from the first alley running east and
west, north of Symmes Avenue south
wardly on Zimmerman Avenue approx
imately 260 feet, in the Sixth Ward of
the City of Hamilton, Ohio. which side
track will serve the property of Krauth
x Benninghofen and Will connect with
the main line of The Baltimore & Ohio
Railroad Company
THEREFORE, BE 1T RESOLVED by
the Council of the City of Hamilton,
Ohio:
SECTION I: That permission is hereby
given to Krauth & Benningho part
nership of Hamilton, Ohio, comprising
Eleanor c. Diesbach, Paul Benninghofen,
Margaret Werner, and The First National
Bank & Trust Company of Hamilton,
Ohio, Trustee under the terms of the last
viii and testament of Christian Benning-
hofen, deceased, to construct and MAIN
tain new Sidetrack over, upon and
across Zimmerman Avenue, from the first
alley running east and west north OF
Symmes Avenue, southwardly on Iim-
norman Avenue approximately 26O feet,
in the Sixth Ward of the City of Ham
ilton, Ohio, all as shown upon the plat
attached to their petition now on file
with Council, which Sidetrack viii serve
the property of Krauth & Benninghofen
and will connect with the main line of
The Baltimore & Ohio Railroad Com
pany, said sidetrack to replace the side
track now existing therein.
SECTION II: That the authority, right
and perm iSSiOn hereby granted is sub iect
to the following terms, restrictions and
conditions
(a) That the existing sidetrack over,
upon and across Zimmerman Avenue,
which now serves the property of Krauth
& Benninghofen and which connects with
the main line of The Baltimore & Ohio
Railroad Company, shall be removed by
said Krauth e Benninghofen
(b) Said sidetrack shall be constructed
and laid in conformity to the existing
grade of said street.
(c) Said Krauth & Benninghofen shall
repaVe the street where said SidetrackS
are removed at it's sole cost and expense,
and shall repave at it's sole cost and eX-
pense said street where said new side
track is placed all subject to the direc-
tion and approval of the Director of
Public Works of the City of Hamilton,
Ohio
cd That said sidetrack shall be con-
Structed under the supervision and to
the satisfaction of the Director of Pub
lie Works Of the City of Hamilton, Ohio.
te) That said krauth & Benninghofen
shall at all times keep said street be-
tween the rails of said track in good
order and repair
(f) That Krauth & Benninghofen shall
indemnify and save harmless the City of
Hamilton Ohio from and against all
claims, demands suits and liabilities of
any kind that the city may be subjected
to by reason of the prosecution of said
work, or the construction, maintenance
and use of said sidetrack.
SECTION ILL., This resolution shall
take effect and be in full force and eff
feet from and after the earliest period
allowed by the charter of the City of
Hamilton Ohio.
Passed: September II, 1941.
LEO j. WELSH, Mayor.
Attest: ADELE EDMONDS,
City Clerk.
Sept 26-1t