The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1942-05-29
ORDINANCE NO. 427o

An ordinance granting to Defense Plant
Corporation the right to lay, construct
and maintain a new sidetrack on Ziln-
merman Avenue and across Laurel
Avenue, in the Sixth Ward of the City
Of Hamilton, Ohio, approximately 2
feet inches west of the present side
track on said streets, laid and con-
structed by The Liberty Machine Tool
Company, under certain terms and con-
ditions.
WHEREAS, Defense Plant Corpora
tion has asked Council for permission to
construct lay and maintain a new side
track on Zimmerman Avenue and across
Laurel Avenue, in the Sixth Ward of the
City of Hamilton, Ohio, approximately Z
feet inches west of the present side
track laid and constructed by The Lib
erty Machine Tool Company, which side
track viii serve the property Of the De-
fenSe Plant Corporation and viii connect
with the main line Of The Baltimore &
Ohio Railroad Company.
THEREFORE, BE 1T ORDAINED by
the Council of the City of Hamilton
Ohio
SECTION I: That the Defense Plant
CorporatiOn be and is hereby authorized
and granted the right to lay construct
and maintain a single railway sidetrack
on Zimmerman Avenue and across Laurel
Avenue, in the Sixth Ward of the City
OF Hamilton, Ohio, approximately Z feet
6 inches west of the present sidetrack
laid and constructed by The Liberty Ma
chine Tool Company under authority of
Ordinance No. 1874 of the Council of the
City of Hamilton, Ohio, which sidetrack
will serve the property of the Defense
Plant Corporation and will connect with
the main line of The Baltimore & Ohio
Railroad Company, said sidetrack to re-
place the present sidetrack now existing
therein.
SECTION II: The authority, right and
permission hereby granted is subject to
the following terms, restrictions and
conditions:
(a) The existing sidetrack over and
upon Zimmerman Avenue and across
Laurel Avenue, in the Sixth Ward of the
City of Hamilton, Ohio constructed by
The Liberty Machine Tool Company and
which connects with the main line of
The Baltimore & Ohio Railroad Company
shall be removed by said Defense Plant
Corporation.
(b) Said sidetrack shall be constructed
and laid in conformity to the existing
grade of said streets.
(c) Said Defense Plant Corporation
shall restore the streets where said side
track is removed to the same condition
as the remaining part of said streets is
in, all of such work to be subject to the
direction and approval of the Director of
Public Works of the City of Hamilton
Ohio.
(d) Said new 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
(e) The Defense Plant Corporation
shall at all times keep the space be-
tween the outer lines of the ties in good
order and repair as directed by the
proper authorities of the City of Ham
ilton, Ohio, and open to traffic at all
times at its own cost.
CD The Defense Plant Corporation
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 sub
jected to by reason of the prosecution
of said work or the construction, main
tenance and use of said sidetrack
(g) The said Defense Plant Corpora
tion shall change the grade of said track
at its own expense at any time the proper
authorities of the City of Hamilton, Ohio,
may order ii to do so.
(h) That said Sidetrack shall not be
constructed until after the plans there
for have been filed with, and approval
had by, the Director of Public Works of
the City of Hamilton, Ohio and the writ
ten acceptance of this grant and the
conditions thereof filed by said Company
with Council
I'D This grant is for an indeterminate
period and may be revoked by the Coun-
ell of the City of Hamilton, Ohio, at any
time public necessity requires or upon