The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1941-12-26
Legal Advertisements

area bounded as follows to-wit all prop
erty with frontage on the Middletown
| Pike from the north corporation line of
| the City of Hamilton, Ohio, out to and
including the subdivisions of Eastover
| Falconridge and Oak Ridge; all proper
ties with frontage on HeadgateS Road
from Middletown Pike to the city res
ervo1r; and all properties with frontage
on Oak Ridge Drive, from Middletown
Pike to HeadgateS Road: and the Rent
schler properties on Millikin Road i'm
mediately adjoining Middletown Pike;
have applied to the City of Hamilton to
have said area established as fire pro-
lection district of said city, and have
designated Leeds Bronson to act for
| them in all matters relating to their ap-
plication and to the establishment and
maintenance of said fire protection dis
trict; and
WHEREAS, the City Manager on rec
ommendation of the Fire Chief has de-
termined that it is feasible for the fire
force of the city to render city fire pro-
lection in said district; and
WHEREAS, said petitioners have
| agreed to pay for said fire protection
the sum of $1.SS per $1,000.00 tax valu-
alton of the total tax values of the par
cells of real estate owned by said petit
| toners.
Now THEREFORE, BE IT OR
DAINE,D by the Council of the City of
| Hamilton, Ohio:
SECTION I: That the City of Hamil-
ton, Ohio, shall enter into contract with
the petitioners aforesaid acting through
Leeds Bronson, their designated agent,
| in substantially the following form;
1T is agreed by and between the City
| of Hamilton, Ohio, hereinafter called the
| City acting through. ...................
it's City Manager, and the petitioners,
Leeds Bronson, their designated agent,
| as follows:
l. The City of Hamilton, Ohio, shall fur
! nish such fire apparatus and such per-
al f<,- ,t,1r @I,.
same, as can be conveniently spared
4 by the fire force at the time requested,
to the owners of property included
within the area described in the pre-
| amble and shown on the plat hereto
fore filed with the application The
fire chief of the City of Hamilton,
Ohio, or his subordinate in charge,
shall be the sole judge of what ap-
paratus or personnel can be spared at
the time Ordinarily no apparatus or
personnel can be furnished when
either one of the two city fire com
panieS nearest to the location of the
fire is engaged at the time in an
other fire.
! 2. This contract shall, in no event, con-
fer on any property owner of the dis
trict or on any other person a right
of action for damages against the
City for operation or failure to op
| crate hereunder.
3. The contract shall be for the period
beginning January II, 1912 and end
ing January H. 1943.
A. The consideration of this contract is
the sum of $ ;...., paid to the City
of Hamilton, the receipt of which is
hereby acknowledged Said sum is
represented to be equal to payment
of one dollar and eighty-eight cents
($1S8) on each one thousand dollars
! ($1,000.00) of the total tax value of
the improved parcels of real estate
owned by the petitioners within said
district
5. The city will answer calls for fire
| wi in caid iCtr af
! out above, but in the event the call
is for the protection of premises whose
owners have not joined in the applica-
ton hereinabove referred to, the city
reserves the right to withhold fire
| services from such premises to the
extent that such action can be taken
without endangering the property of
owners who have paid for fire pro-
lection.
6. 1t is agreed that if the assessed prop
erty valuation of any of the petition
ing property owners has been under
stated, the said property owner lndl-
vidually and the petitioners generally,
agree to pay to the City of Hamilton,
within thirty days after the error
shall have been determined, the diff
ference between the sum paid for the
said parcel and the sum which should
/ have been paid.
| Z. Any owner of property within the dis
trict who has not joined in the appli-
cation requesting the establishment of
this district may become entitled TO
the protection of this contract by pay
ing to the City the amount which
would have been chargeable against
his premises, had he joined in the
/ application.
8. Any person hereafter erecting build
ing within the said district shall be
authorized to have the same protec-
tion by paying to the City the proper
tionate fee for the uneXpired part of
the protection period, the fee to be
based on the estimated tax value of
the improved parcel after the COM
pletion of such improvement.
8. The petitioners shall procure and de-
liver to the City of Hamilton Ohio,
at their own cost and expense, insur-
ance to indemnify and save harmless
the City of Hamilton, Ohio, from any
loss or damage to fire equipment or
apparatus, except loss or damage
caused by fire, theft or disappearance
of equipment or apparatus, and also
insurance to indemnify and save harm
less the city in damages for injury
or loss to persons or property, ana
for death by wrongful acts caused by
the negligence of it's officers, agents or
servants, including expenses of de-
Tending suits that might arise by rea-
son of the performance and execution
by the city of its duties under this
contract
IN WITNESS WHEREOF, the City of
Hamilton, Ohio and. .............
Bronson, designated agent of said appli-
cant property owners, have respectfully
caused this agreement to be executed
this. ..... day of. f...............,, 1912.
THE CITY OF HAMILTON, OHIO,
by ....-.....
| City Manager,
.......... ...............
Property Owners,
BY Leeds Bronson, Designated
agent of Petitioners"
SECTION II: That the City Manager
of the City of Hamilton, Ohio, is hereby
authorized and directed to execute said
contract for and on behalf of the City of
Hamilton, Ohio.
. SECTION III: This ordinance shall
take effect and be in full force and ef-
feet from and after the earliest period
allowed by law.
Passed: December II, 1941.
LEO j. WELSH, Mayor
Attest: ADELE EDMONDS,
City Clerk.
; Dec. 26-1t