Democrat and Chronicle from Rochester, New York • Page 32

UOOUEKTKU DK.MOOKAT AND FKIhAV. A L'7. KkiiiIi Mldotl vs. City of Itorhrntar, my tn entry into errau-i tn prevm Ions of this paragraph. OFFICIAL PROCEEDINGS ft All rolivrva Mces of lola nluill he niniln sul'lecl lo anv and nil rnstiie-I Ions common to Ihe trad and Huh- No 4IU1.

ovriHiiiln and conditions which shall run Willi I he hi I 1. That no building or other struc-tllle ahull be rlii led over tln port toll 6. The Cltv nerres tn pay te ih Cltv of rioeh- Philip Hyrneiisiv vs. lleix Company for the niclel Jei to pole, wire and public utility ester. No.

411)2. or tiik tmnmnlltrs, en somen! rir.hlei and hrrelnbrfoi elrm i and ellMeliicnl i ntnl liny nlllcl ni lomoih a tore Clty of Jtvseph Vlllonn vs. ol Ihe preiol'feii Rtllijrd fil I In of leiioil 'lb" ininrfinrp.i of h'q wlnr, No I'rteirrd to, liirltidln thonn mfrrrrd (J VVIIIoli Iloeh-II or Kuril nilid iiflJi lllrlll 2 Thai no building or nil in line anv null or 001 ion ibeieol dinll COUNCIL as well ns eecpressi-d In Hie rorrgoim; on llldeinvny Avenue Mbnll he limdn nllb'e enrl Vn I Inn by I'ily of Itoclii Hlcr of Ilie llonl led Itocheslir. No. 41114 Jniiirn WInlmil vs.

City rrmpers. the sum of Two Thousand ive lluuilrrel DollMrs ($1 ftoo of HII 111 erected upon any part of the premised, nor any chimney on nor any cninttiey on ester, No. 4 Htr. lawful money of the United Slatra. said each lot.

for slreet pin 10. All conveyances of said lots City of IN WITNESS WHEREOF, th.m kI I en nt point nbovB ht Box Company property; and WHEREAS, thf City In or about 19.17 and constructed nd in pul oiopleti'd. In mid nlmiK he mild pall of Ihe Nrv Yi'iti t'idilinl Railroad llghl ed way. lul elnre 1 1 tig tin. lands of said Hut t'ouipnny olnl ol her laiid.e.

a rlalii sloriii water drainage sewer (hereinafter referree! to as the storm water sewer); and WHEREAS, the Citv. at a point above or to the sontiiwe-st of the P.ox Company's an id lands, has heretofore diverted the waters of said stream, including the Greece sewer waters therein dimharged, from the id tit renin heel Into the said storm water srwrt; mtel below said point ed ilivcrsion. but also above the point where the mild at ream enters the Box Company's aid lands, has heretofore discharged from saul ste.rm Klwood Heideck VS. Hochester. No.

4HM1 Received and filed. shall bo bv iiult claim died. ROCHESTER FOLDING BOX COM .0 i in I in i- shall be erected, which said structure mid chimney phall be higher than that approved by the proper Federal coverlimenl bureau mid, or II. All rlgtr and interesl to public THE CITY OF ROCHESTER PANY has caused this Agreement tr lion proceeding, I lierebv certify that I ho following deeirlbeil irnl i-slate In no longer needed for City purposes Tivnnlv-Mirrj (2.TI tots In the TjiUe-itfile Addition locnted hm follown: l.nla Nninbeta II ID Iim Inolvo on Ihe rno phle of Luke A Vclilln Loin NlMiibi'iM I to fi Inrltinlvn oil llin liorlli f. I I nf 1 1 ii i 1 1 1 1 Komi; I.eita Numbers HI to 23 Inclusive on tho went Hide of Hopper Terrace.

Twenty-three (231 lots In ihe Went Seiiecii Trail Incaled ns follows: Numhers 61. 62, 63. (14, 65. 178, 1S2. 412, 41.1.

414. 415 and 4111 situated on the smith side of Kidgrwav Avenue; I Aits Numhers 154. 155, 156, 100, 104. 171 174 and 175 sitlinted oil Ihr cued nlile of Wrnlmoiinl Hlrerl; Numbers 2t4, 2or( and 2d situated on the went side of Went moiinl Slreet, reserving the front ft 25 feet on lots on Rldge-way Avenue. HAROLD S.

W. MaoFARLIN, Commissioner of Commerce. Received, filed and published. streets abutlin" said lots now vested be executed ami its corporate neal pnllioctil of Anxennliieli! and Tnn-tloll of the City of Itncbestpi'. fee, 2.

This ordinance shall lake effect twenty days nflcr Its adoption. Itrferred to CI I'lnhnliiK end Vininll Iwi, My Councllmnti Krmih Ordinance No. 4J-Ktl. Aullmrl.atlon ef Hie iimnlhnrr of lMit.ll.- Safety In I'ny Kills for Services Henilered I'lremeii. P.e It.

ordained by the Council of the City of Hochester ns follows; Seel Ion 1. The Comm ion loner of Public Safety Is hereby tn certify to the Comptroller for payment the following lillls: Genesee Hospital, lr. Ovid Pearson, S11.IHI. Helen R. Ward, R.

$140 00. Catherine Marshall, K. $90.00. Gertrude Martin. R.

$50.00. Anna M. O'Brien. R. $140.00.

in the City shall be reserved to the affixed this day eif March 24, 1912. To the Council: Gentlemen I am In rcrcipt of a City in the con eya nee of said lots. 19 and THE CITY OF ROCHES 12. In the event th.it the purchiiri TER, bv orelinnnce duly adopted at communication from the Assessor. er prevented I com perlorounK II meeting of the Council hrhi en regular mkktint, March 24, 1912.

the City of tin best er. 3. The said premises shall be used nob ly and exclusively for an aviation repair whop, provided however Hint no jiiiiciart. except aircraft owned by jibe ouiieis of eaid preiiimen, will be jslored on said pi cinises, and lurlbei provided that no gasoline or ml will the elay or 194 ha authorized tlie name to be etecntr'l by the Cltv Manager and the srat pail of Ibis contract by reason of Iirohihit ioim on the part of the 'tilted Slates Government In the procuring of essoii I la building male-rials, the purchaser shall not be submitting Ihn Assessment roll for WdHrig Itoml Concrete Willis, locnl Improvement Ordinance No. nod stating (but.

the smile linn been duly iiiepiired by him alter hearing allegations thereon In accordince with notice duly published pursuant ihe City of Koehenter affixed thereto. ROCHESTER FOLDING BOX COM oe sold on said premises and that said premises will not bu used lot-any purpose lnconsi.st ent with the to law, and which be states has been PANY, i'y i President THE CITY OF ROCHESTER, I 1942. March 24, I'lrscni SnmiU'l It. Dicker, Mayor the 'itv of Roe heste-r, Councilmeu Hart. Doane-, Erwin, Krank, Ruppel, Van Lure tt.

Absent None. approval ok the minutes By Councilman Mills Resolved, Tliit the tn 1 ii t-n of the Bv Sec. 2. This oriiinance shall take water sewer a portion of the waters flowing therein, bne-k into the bed of said stream, wherein such c.iS charged waters follow the original course of said stream. Into and across the said lands of the Box Company to a point in the right ed wav of' said railroad company, at which point the waters flowing into said stream are again diverted Into saiel steirm water tiewer; ami WHEREAS, the City has constructed a weir and opening in the said storm water sewer at a point Pur- effect immediately.

From: W. Raymond Whitley, City Manager Sec. 2 This ordinance shall tint Unanimous consent wa.i granted to effe-et immediately. vole thereon. chasing Agent.

To: Tho City Council. Nuhlect Kale Offer No. 619-523 Jay Street. Mr. Chester Villa offers One Thousand Hollars cash for Lot 4 of Section of the Whitney Tract, known as No.

M9-523 Jay Street, the City of Rochester reserving 10 feet Adopted unanimously. Councilman Frank Ordinance No. 42-87. purposes ot the airport adjacent to said premises. The purchaser of said premises covenants that lie will establish and maintain an aviation repair which shall at all tunes nave approval of the proper Federal governmental bureau.

4. Tin purchaser shall at its own proper cost and expcii.se abide by and comply with all laws, lawful rules, regulations and ordinances relating to the use of said premises or the airport adjoining, promulgated by any proper governmental authority, Including local, state and federal governments, both as to the premises first above described and by eason of the. use of the adjacent premises as an airport. 5. That anv chimney erected in connection with any structure on said ibe said storm water held responsible and either party may terminate this contract upon ten days' written notice to the other, either per.ionally or by registered mail addressed "to the last known place of business of the parties.

I. 1. In the event of anv dispute arising out of the iigreerient the snino shall be submit led to arbitrators, one to be appointed by the vendor and one by the purchaser, and should the said two arbitrators not be able lo come to an agreement relative to -the matter in dispute a third arbitrator appointed by the tit her two shall he chosen. The decision of the arbitrators shall be final. II.

In file event of the failure of the purchaser to fulfill the conditions set forth as 4, 5 and or any of them or any of the other conditions of this agreement on its part to be performeii the purchase price of all lots, the title to which has not been transferred, will be retained by the city as and for liquidated damages and not as a penalty and there Confirmation of Assessment Koll sewer intersects the said stream bed on the said right of way. through which a portion of the waters flowing in said storm water sewer are verified and certified us required by law. Respectfully mihmitted, THOMAS P. O'LKARY. City Clerk.

Received, filed and published. March Ifi, 1942. Raymond V. Kllis, Comptroller of the City of Rochester, do hereby certify that the entire cost and expense of the completion of local Improvements, done pursuant to the following final ordinance, based upon records in tho Comptroller's office and statement received from the Commissioner of Public Works, is as follows: Ordinance number, 645. Location of improvement, Waring Road.

Kind of Improvement, concrete walks. Amount. $11,159.99. RAYMOND V. ELLIS, Comptroller.

Reeclved, filed and published. ironi tor street. Waring Koad Concrete Walks Local Improvement Ordinance No. BI5. redischarged intei the said stream beet and flow therefrom generally northwesterly and northerly across W.

RAYMOND WHITLEY. Purchasing Agent. Received, filed and published. March 16, 1942. From: Harold R.

W. MacFarlin. Be it ordained bv the Council of Referred to Finance Cemmltt. By Concllman Ruppel Ordinance No. 42-98.

Authorizing City Manager to Kxeeute Releases Be it ordained by the Council of the City of Rochester as follow Section 1. The City 1-anager 1 hereby authorUeel to execute releases on behalf of the City of Rochester to the following, upon payment of the sums respectively foruij Edith Holycross and the Metropolitan Life Insurance-Company solely in reference to policies 125210025 and 12I7454S6 $2075 11 Katherino Mueller 25000 John Patrick Daniel Sullivan solely in reference to the net proceeds of his claim against the said right of way ami across the aid lands of the Box Company lung northwesterly of saiel right the City of Rochester as follows: Section 1. That the assessments Commissioner of Commerce. premises shall be located at a point. for the following named improve of way and WHEREAS, the Box Company to be approved bv the Civil Aeronau Iffuinr Hurting of Man 1U, be-u I'i'i ov id hi published in tho official tfn-ets of tl- proceedings.

Adopted unanimously. COMMUNICATION'S FROM THE CITY MANAGER Abolishing 1 position of AsHt. lo Director at $3.1. SO 00 per year, 1 position of Asst. to Director at (3,000.00 year, and 3 positions of Attendant at per year unit creating 1 position of Asst.

to Director at S'i (k) per year and 2 positions of Attendant at per vcar in the I 'p partment of Public Library. No. I2o3-6. Received and filed. S'ate of New York! County ot City of Kuchestcrj I.

Iyoui.t Cartwright, City Mana-f i oi the City of Rochester, N. j'i hereby certify that tie average of ttie classes of improvements Within the purpo.se stated within the ii't nances about to he introduced ment. as set forth in the assessment roll for the same; reported to the To: The City Council. Subject: Certification on Sale. tics Commission and the City of Rochester, and said chimney shall Council March 24.

1942, prepared has heretofore constructed an artificial pool on that part of its said lands lying northwesterly of saiei right of" wav. which pool is and has niw.n rii'hto and unvi i'o of tne be constructed as to afford access at verified and certified as required by purchaser under this agreement shall in accordance with tne provisions of Section 8-18 of Volume II of the all times bv the Cltv. its agent.s law. are hereby in all I-1 immediately cease and ly cease and terminate been used bv the Box Company Municipal Code, authorizing the sale -oved and eoniirmeo: oi lands acquired in tax foreclosure anil this agreement may at the! option of the vendor tie immediately! an auxiliary water supply and has heretofore been fe-ei bv the waters Local Improvement Ordinance No. PRESENTATION AND REFER incelled itbout further notice to 6-15 -Waring Road Concrete Walks.

and excess condemnation proceedings, I hereby certify that the following described real estate Is no flowing in said stream and Is now ENCE OF PETITIONS AND REMONSTRANCES the pun baser. Sec. 2. This ordinance) shall take fe-d by the waters discharged from said storm water sewer through That tho purchaser shall not Le-o olayorl and E. T.

effect immediately. longer needed for City purposes Giambla 150 00 Lot No. Ol of Section of the said opening; and By Councilman Frank Petition Whitney Tract, known as numbers Anelrew D'Onofrio and tha Prudential Insurance Com WHEREAS, the Box Company relative to a nuisance and unsani sell any of the lots set forth ill Schedule A at a price higher than the cost to the purchaser under this contract, and that the purchaser will at tho time of transfer of title of Jay Street, fronting approxi claims that the aforesaid acts on tarv condition existing on property pany of America solely in owned bv Mr. Miller located at servants, employes and designees, by a ladder built into the same, for the purpose of servicing obstruction lights, markings and signals thereon erected a.s hereinafter provided and at the top of chimney, an adequate safety cage shall be provided at the point where said services may be required to tie pertormed. fi.

That no structure higher than one story shall be erected on the premises. 7. Any building to be erected on said premises bv the purchaser shall be obstruction "lighted at the four corners of the roof and at such Intermediate points as may be required bv The City of Rochester, and any chimney erected in connection with h'uildimr be obstruction reterence to policies Nos. 52 Miller St. and requesting Council 150 oo H.IS11315 and 107S52.S22.

to bring an action against said party lr.t the Council authorizing the is-fuame of bonda lor such purposes is Unanimous consent was granted to vote thereon. Adopted unanimously. By Councilman Frank-Ordinance No. 42-SS. Tax Subdivision Nicholas Zuck and Wife, l'hillp Trapam, Matlicw t'aslronovo, George Se-c.

2. This ordinance shall tak the part of the City have caused an interruption of its normal supply of water in said stream: have interfered wit the normal anil regular flow of water in said stream; have reduced the flow in dry seasons and periods; have increased the flow to build a sewer or drainage system. eflect immediately. No. 2014.

tL. lo.iows: To provide a fund from which an Referred to Commissioner of Public Safety. Unanimous consent was granted ta voto thereon. Adopted unanimously. j-ropriations mav be made for the re-construction of tho pavements of By the Clerk Petitions ot Maxwell roads, bireets, parkways and high I.

Snider for Hosea Rogers estate, mately 5.1.66 feet on Jay Street and being about 105.46 feet in depth, reserving to the City the front 10 feet on Jay Street. HAROLD S. W. MacFARLIN, Commissioner of Commerce. Received, filed and published.

March 21. 1942. The Honorable, the Council of the City of Rochester. Gentlemen Certain bills having been presented to me for services rendered firemen and policemen, I desire to present them to your honorable body for consideration, and ask that I be authorized to certify payment for the same. The Genesee Hospital has present- ways in the City of Jiochester ex- Charles M.

Weber, William Garland, Van La re of Be it ordained by the Council Dunn Realty John Lombardo. By Councilman Int. No. 22. ic" is 5 years.

To provide a fund from which an each of said lots file with the vendor the affidavit of one of its officers stating that the lot about to be transferred by the vendor has not been and will not he sold by the purchaser under trus agreement for more than the actual cost to it anil will be included in the sale price of tho property when improved at the actual cost to tho purchaser under this contract. IN WITNESS WHEREOF the parties have hereunto their hands and seals tho day and year tirst above written. SCHEDULE A LAKE DALE ADDITION Edward J. Dennstedt, Joseph Fritsch the lighted bv a neon ring around ton thereof, or bv at least Jr. for James Dintelder and Leader two opriat ions may be made for the rot unstruct ion of the pavements of Garage Inc.

asking for cancellation standard double obstruction light fixtures The circuit for the obstruction of taxes, assessments and water during periods of heavy rains; have increased the amount of silt anil waste material deposited in said pool, thus requiring additional dredging and purilie-atien have interfered with certain wells and waters on its said property lyinj southeasterly ot said right of way and have otherwise interfered with and deprived said Box Company of its normal rights in the waters in said stream, to its injury and damage, also including but not limited to additional pollution thereof, all of which is denied by the City of. Rochester; roads, streets, parkways and highways in the City of Rochester of dur- charges. No. 2615. the City of Rochester as follows: Section 1.

That the assessment of $440.27 (Real Estate Tax only) to Nicholas Zuck and wife, appearing on the 1942 City Tax Rolls, against lxts 9, 10 and W. 11 of the S. A. Rileys tract on the north side of Ontario Street, corner Finney Street, In the 16th Ward, Accountt Nos. character and material not in Referred to Finance Committee.

luding pavements of Band, gravel or lights on said burbling and chimney shall be a part of the circuit for the boundary and obstruction lights of the airport adjacent to the premises first above described so that the same can be controlled from the air water oounu macadam or penetration INTRODUCTION OF AND ACTION T.r.xess exceed 10 vear.s. om oi o.ot tor services rendered UPON LOCAL LAWS, ORDINANCES AND RESOLUTIONS 35939 and 35940, Maps Nos. 1621217 William J. Leary, Deputy Chief of Fire Bureau, February 9 1942, S5.00. a.d 217.1.

be apportioned as follows: port control tower. That the Citv of Rochester WHEREAS, the parties hereto are its That there be charged to and In witness whereof, I have set mv hand this 24th day of March, 1912. Louis b. cartwright, City Manager. Received, filed and published.

Lr. Ovid Pearson has presented a cvntj servants, employees andor bill for services rendered Fireman uesirous or mutually adjusting any and all differences arising from, or in any way, connected with said acts collected from Acct. No. 35939A Philip Trapant, 46 Ontario $101.83. No.

42-83 By Councilman Mills-Ordinance Approval of Settlement and Actions. Nicholas RiJyk, February 22 to 24, 1942, $11.00. designees shall have the right of access to any and all obstruction lights nil times for the purpose of re on the part of tho City Acct. No. 35939 Mathew Castro- of Claims AUTHORIZING COMMISSI ONER OF PUBLIC WORKS TO GRANT LICENSE OR PERMISSION TO AMERICAN AIRLINES.

INC. TO CONSTRUCT AND MAINTAIN A SIGN AT 26 CLINTON AVENUE SOUTH. Be it ordained by the Council of the City of Rochester as follows: Section 1. The Commissioner of Public Works is hereby authorized to grant a license or permission to-American Airlines, to construct and maintain an electrically illuminated translito sign, to be suspended from the present entrance marquee in front of premises at 26 Clinton Avenue South, said sign to be 6 feet in length, IS inches in width. 6 inches in depth ami to ex-temi 8 feet over the street line, details of which are ahown upon a drawing filed with the application, upon Hung with the Commissioner of Public Works a bond in th Helen R.

Ward. R. ha-s nre- Now, Therefore, In consideration Streets, lots. Lake Avenue 6, 7, 8, 9, 10, 11, 12, 13, 14. 15.

Harding Road 1, 2, 3. 4, H. Hopper Terrace 16, 17. IS, 19, 20, 21, 22, 23. WEST SENECA TRACT Westmount Street 15-1, 155, 156, 160, 164, 171, 174, 175.

201. 205, 206. Ridgeway Avenue -61, 62, 63, 64, 65, 178, 182, 412. 413, 414, 415, 416. novo, 44 Ontario pairing, maintaining and replacing Acct.

No. 35939C Mathew Castro- sented a bill for services rendered Fire Captain William- Sweeney, Feb of the premises and of the mutual covenants anil agreements herein contained, it is mutually covenanted of Be it ordained by the Council ruary J9 to 18. 1942, $140.00. novo, 40 Ontario $119.80. Acct.

No. 35478A Geo. P. Zuck Finney Street, amenne jviarsnall. It.

has the same, and the building to be erecded on said premises first above described shall provide adequate and easy access to the roof thereof for such purpose. That thei cost of repair and the City of Rochester as follows: Section 1. The Council hereby ap ana agreed as loiiows: 1. The Box Company hereby re presented a bill for services rendered Sec. 2.

That upon the payment of if ire Captain William Sweeney, Feb leases the City, its ollicers, agents ruary 10 jviarcn 18. 1942. S90.00. ana employees, of ami lrom any and Gertrude Martin, R. has proves of the settlement of the claim of Lola Davis for $12, the agreement of settlement for which was entered into by the Corporation Counsel with the claimant and is maintenance of said obstruction lichts shall at all times be paid by presented a bill for services rendered the sums herein specified, the City Treasurer is hereby authorized and directed to release said parcels of land respectively from the lien of the assessments above specified respectively.

Sec. 3. This ordinance shall take effect immediately. tire Captain William Sweeney, March 2 to March 11, 1942. SiiO.00.

all liability whatsoever, arising out of, or on account of, any ami all damages of whatsoever nature, now or heretofore existing, or which may here-after develop, growing out of, or in any way connected with, the the owner of the premises. The sale price of said land must be approved by the Council before takes effect. on file in the office of the City Clerk Anna M. O'Brien. Ii.

has Sec. 2. The Council also approves of the settlement of the claims and Reserving 5.25 feet front for street. Sec. 2.

This ordinance shall take effect immediately. Unanimous consent was granted to vote thereon. Adopted unanimously. By Councilman Lambiase Oidmance No. 42 91.

presented a bill for services render ed Jire Captain William Sweeney. sum or $10,000 or a public, liability peilie-v in the amount ef 10 20M per February 19. to March 18. 1942. Sec.

2. This ordinance shall take effec immediately. Xinanimous consent was granted to vole thereon. Adopted uanimously. $140.00.

Rochester, N. March 24, 1912. To the Council: Subject: Purchase of easement for sewer purposes and contract with Rochester Folding Rux Company. Ii ntlemen In or about the year the C.tv constructed a sewer in unl along part of the New York Central Railroad right of way in the of property owned by the Folding l'tox Co. in connection with the construction of said ewer the City inclosed into the furm water portion thereof a certain f'nani which theretofore had flowed i rims said lands and fed a pool situate thereon used by the said as an auxiliary water supply.

The dry weather fioW of said sewer vas discharged back into tho bed of t-aid stream at a point some distance tilmve said company's said lands and Viis a'ain picked up In said sewer a point on said company's said lands and said dry weather flow was at a. lower point as to continue to supply said pool. The company has claimed that as a result of said construction of said n-wrr iti riparian rights were seri-cii'iv Invaded ns follows: That the normal and regular flow water in said stream was interior 1 with: that tho How in drv actions of the following persons against the City of Rochester for the sums et forth, the agreements of settlement for which were entered into by the Corporation Counsel with the claimants and are on lile In the office of the City Clerk: Angelo l'rofeta. Individually and sonal damages anil property damage, indemnifying the City and all persons against all 1oh. liability or damage which may result directly Respectfully submitted.

THOMAS C. WOODS, Commissioner of Public Safety. Received, tiled and published. March 17, 1942. Aiilhiiriinir Sale of Keal lt-tale en Unanimous consent was granted to vote thereon.

Adopted unanimously. By Councilman Frank-Ordinance No. 42-9. Authorizing City Manager and I'ur-chanlnir Agent to Kxeeute Lease with Henry Iern Mrrry-Go-Kouiul at Genesee Valley Park. $420 as Guardian ad Litem of Samuel Profeta, an Infant Victoria Van Duser and Clifford By Councilman Lambaise Ordinance No.

42-93. Authorizing Repairs to Klevatom in Civic 1-xlubits Kiiil.ling without Competitive Contract. construction, maintenance, operation and repair of saiel steirm water sewer and appurtenant openings, gates and weirs, including, but not limited to, the claims of said Box Company 1 hereinabove net forth, ihe pollution of saiei stream or the effect thereon, or cany inference to be drawn from any other part of this agreement to the contrary notwithstanding) any increase or diminuation of the flow-thereof; except such damages as may hereafter be sustained by the Rox Company arising out of the future negligence- of the City in the maintenance, operation ami repair of said storm water newer and said openings and weir and except such damages as may be caused by, or result from a material breach of the terms of this contract From: Commissioner of Public Works. 350 Louis B. Cartwright, City To: Mr Manager.

Van Duser Frederick L. Lill Frances Borowski, Individually and as Guardian ad Litem of Henry Borowski Sec. 3. This ordinance hall Jay Street to liester ilia, at I'rhate Sale. Be it ordained by the Council of the City of Rochester as follows: Section 1.

The Purchasing Agent is hereby authorized to sell at private sale to Chester Vill.i all the right, title and mlere.it of be City of Kocb-eslrr in and Lot No. 6-1 of Section of the Whitney Tract, known as 519-523 Jay Street, reserving to the City of Rochester the lront 10 feet of said premi.ces for street purposes. Council of follows P.e it ordained bv the Citv of Rochester ns Be It. ordained by the Council of Subject: Appllcatalon to construct and maintain a nign to be nuspend- 200 take dec lu red Section 1. It is hereby iiw.ii ji on i litre.

obtain by or indirectly lrom the construction or maintenance of said sign or iU appurtenances, upon which bond any person injured by the construction, or maintenance thereof may sue. Sec. 2. Said license or permission, may be revoked bv the Council or Commissioner of l'ubhc Works at any time and thereupein aatel sign, shall be lmmediale'ly removrel. See-.

3. This oriiinance aha.ll taku effect immediately. Referred to Publio Work anj Engineering Committee. By Councilman Dicker Ordinance No. 42-95.

Amending Ordinance No. 42-78 Be it ordained by the Council of the City of Rochester as follows: to be impracticable to in compliance with rules of the -ouncii, you are hereby notified of the receipt of an application from the American Airlines, request- t-easons was decreased and in flood treasons increased; that considerable additional and waste material "fi jn.ciioe ur permission to con struct and maintain an electrically effect immediately. Unanimous consent was granted to vote thereon. Adopted unanimously. By Councilman Doane Ordinance No.

42-84. Fixing; Compensation of Dr. J. lloff melster. Be It ordained by the Council of the City of Rochester as follows: is now discharged in said pool re ii.uuiuiaicu iransuie sign, to De SUs which said roui estate was acquired by the City in tax foreclosure pro- ceedings and which the Commis-j sioner of Commerce has certified is! not required for purposes, on thei by the City.

2. The Rochester Folding Box Company for itself, its successors and assigns, hereby releases, waives and surrenders all 'riparian rights in that portion of said stream flowing across the lands of the Box Company lying to the southeast of said right of way ed' said New York Central Railroad competitive bidding repairs necessary to place in operation two passenger elevators and one freight elevator in the Civic Exhibits Building, and the Purchasing Agent is hereby authorized to obtain said nepairs without competitive contract it a cost not to exceed $12,000. Sec. 2. This ordinance shall take effect immediately.

Unanimous consent was granted to vote thereon. Adopted unanimously. penueu iremi tne present entrance marquee in front of the premises of ciuinntr frequent deepening and thereof; that certain wells and pools theretofore existing on following terms an.i conditions: i the City of Rochester as follows: Section 1. The City Manager and Purchasing Agent are hereby authorized to enter into a lease on behalf of the City of Rochester with Henry Dern, leasing permission to maintain and operate the merry-go-round at Genesee Valley Park for a term of live years, commencing January 1, 1942, and expiring December 31, 1946, at a rental of $200 a year, payable April 1st of each year during the term of said lease. Said lease shall provide for the filing of a 510M public liability policy indemnifying the City and all persons against loss or damage which may be sustained by reason of the maintenance and operation of said merry-go-round and in other respects shall contain the same terms and conditions as the lease heretofore existing between the parties for the same oeneca xioiei, at xno.

2b Clinton Ave. South. Said sign to be 6 feet in t-aid company's lands above the point cf discharge ot tne drv weatner now That the sale price shall be $1,000 and shail be paid in lull at the time; of transfer; that sail property shall; icngtn, is inches in width, 6 inches in depth, and to extend 8 feet over company and expressly consents as aforesaid were rendered worth wie aircet line less: and that additional pollution Section 1. The comDensation of in the future would lie caused to the water in said stream and in eaid Dr. J.

Edward Hoff meister. hereto root fore employed by the City Manager as an expert in connection with the On May 10. the Council iopted an ordinance appearing on I 'age 144 oX the Council Proceedings study of artesian wells, is hereby fixed in the sum of $510 for service's Section 1. Section 33 of Ordinance No. 42-7S, adopted bv the Council March 10, 1942, is hereby amended to read as follows: Sec.

33. That upon payment of th principal amount of the taxes and assessments hereinbefore appor -tioned within sixty days after tha adoption of this ordinance, the City Treasurer is hereby authorized and directed to release said parcels of land respectively from the lien oC the taxes and assessments above specified, and upon payment of th aforesaid prinicipal sums within said period the interest hereinabove ap lor that year authorizing the nego and agrees that the Citv has the legal right to, and may at its election at any future time and without notice, eliminate in whole or in part, the flow of said stream across saiel part of saiel lands of the Box Company; and agrees at anv future time, immediately upon demand, to execute and deliver to the City anv further agreement or instrument, in form approved bv the Corporation Counsel of the Citv, releasing all water rights of the Box Company in that part of said stream on that part of said lanels of said Box Company lying southeast of the said right of way, and consenting to the complete or partial elimination of nation for a certain easement over property in said ordinance described for the" purpose of discharging said purpose. Sec. 2. This ordinance shall take effect immediately.

be sold subject to covenants and restrictions running with the land and pole and wire casements, and that the transfer shall be completed within 3d days alter the adoption of this ordinance. Sec. 2. This ordinance shall take effect immediate My. Unanimous consent was granted to vote thereon.

Adopt ed unanimously. By Councilman Lambiase Ordinance No. 42-92. An Ordinance Authorizing Hie I'ur- basing Anent to Sell Krai Property on the North Side of Scotts-ville Road. fct'Tm water flow into said creek.

By Councilman Iambiase Ordinance No. 42-94. Authorizing City Manager and Purchasing Agent to Kxeeute Lease of Basement of Civic Exhibits Building. Be it ordained bv the Council or the City of Rochester as follows: Section 1. The City Manager and Purchasing Agent are hereby authorized to enter into a lease on behalf of the City of Rochester, leasing to Ihe Naval Ordnance Department, the United States Government or such Unanimous consent was eranted Thereafter the then City Manager caused negotiations to be conducted to acquire" said easement and a price to vote thereon.

A copy of such application is hereby enclosed together with drawings showing all details. Very truly yours, WILLIAM H. ROBERTS. Commissioner of Public Works. Received, filed and published.

APPLICATION Rochester, N. T. To the Commissioner of Public Works Sir The undersigned does hereby make application lor a license or permission for the construction and maintenance of an electrically illuminated translite sign to be suspended from the entrance marquee of the Seneca Hotel at 20 Clinton Avenue South. Sign to be 6' in length, 18" in width, ti" in depth and to extend 8 feet over the street line. Details of which are shown upon the accompanying man or sUcth there! or ot Iwenty-tive Hundred $2 roo 00) Dollars was tentatively freed upon between him and the the waters therelrom.

company. It now appears that at some future it innv be desirable for the City i official or division thereof as may be proper, the basement of the Civic portioned ana computed on tho lamt so paid shall bo canceled. Sec. 2. This ordinance shall taka etlort immediately.

Unanimous consent was granlcd to vote thereon. Adopted unanimously. By Councilman Dicker Ordinance No. 42-97. Fixing Compensation of Keed, Hojt, Washburn and Clay.

between December 1, 1940, and March 13. 1942. Sec. 2. This ordinance shall take effect, immediately.

Unanimous consent was granted to vote thereon. Adopted unanimously. By Councilman Doane Ordinance No. 2-85. Authorizing J'aintlng: of Waring Koad Warehouse and Truck Storage Building tnder Work Projects Administration.

Be it ordained by the Council of the City of Rochester as follows: is hereby determined tnat the following improvements and are necessary, required and shall be made, to wit: of tne exterior of the Waring Road warehouse and also the painting of the exterior and interior of the truck storage budd-ieJL'J? Sponsor's Proposal No and R120. The total cost and expense of such improvement and work are estimated to be $4,618, of whic t-i eliminate entirely the flow of mul stream on said company's said lands between the llrst point of dis-t: nrL'e and the point of picking up. The release to the City of any end all liability to the company Be it ordained by the Council of; Exhibits Building for a period ot the City of Rochester as lollows i one vcar, with an option to renew Section 1. The Council hereby de- for such period of time as the lessor at tommies the real property herein-j have neeil or said premises out of said claims and the uftP iuj toneer TTnedliail Hllllliai leilltn i'l Adopted unanimously. By Councilman Frank-Ordinance No.

42-90. Authorizing Sale of Lots nt Private Sale to Lake Construction Corporation. Be it ordained bv the Council of the City of Rochester as follows: Section 1. The City Manager and Purchasing Agent are hereby authorized to enter into the following agreement with Lake Construction Corporation, selling to the said Lake Construction Corporation the real estate hereinafter set forth, which said real estate was acquired by the City in tax foreclosure proceedings and which the Commissioner of Commerce has certified is not required for City purposes, subject to the terms and conditions set forth in said agreement: of the right to eliminate i which is hereby made a tiart of thi shall take 2. This ordinance I 1 lor miiniciitiil i in rnoses and the Pur- rsoc fs ccjinsition completely ine now ui me luruuu ai'iiwauuii Respeetfully submitted.

cf sa stream above referred to are chasing Agent is hereby authorized to sell, pursuant to i 8-17 of Volume Be it ordained bv the AMERICAN AIRLINES, INC WILLIAM A. WERTHMANN. oC effect immediately. Unanimous consent was granted to vote thernn. Adopted unanimously.

By Councilman Ruppel Council follows the City of Rochester as II of the? Municipal Code, adopted by the Council November 25. 1941, thj following described real estate: All that tract or parcel ot land to Pub ic Works and tn. gineenng Committee. situate in the Citv ol Rochester. inextricably woven with the acquisition of the easement in said ordinance.

I have caused to be prepared a contract which is embodied an ordinance acquiring said casement and providing for certain ben-ctits to the City and obligations by the City. Respect fu'ly submitted. L. B. CABTWKIGHT.

City Manager. Reieied, hied and published. State of New York, County of Monroe ss: City of Rochester) Int. No. 21.

APPROVAL OF PKICE FOR CHASE OF EASEMENT SEWER PURPOSES RO( rt'R- FOK IIES- be Vlly a snare a estimated $015. i. KAxMOND V. KLLIS, Comptroller of the City of Rochester, New York, hereby certify that there are Sec. 2.

The aforesaid AGREEMENT made Ibis day! of 1 1-142, by and between rnents and work shall be done bv 1h. Work Projects Administration under me, l.lll Kl II ,1 I It unexpendi balances of appropr.i-tions for 1941 now amounting to not less than that at least S5.Y- 3. The City agrees (a) To maintain said opening and weir located on that part of said right of way which Intersects the Box Company's said lands and that part of said storm water sewer lying on said part of said right of wav substantially as now constructed until the Box Company notifies the City that the City may permanently close said opening; it being the sense of this paragraph that, to the extent that the waters naturally flowing in said storm water sewer and said weir and opening will permit, sufficient waters shall be discharged therefrom through such opening into said stream bed to maintain said pool nt its normal level. (b) From time tei time, at the request of. the Box Company and upon payment by the Box Company to the City of the reasonable cost thereof, to readjust saiei weir and opening so as to discharge, to the extent that the waters flowing in saiei sewer will permit, more or less waters from saiel storm water sewer into that part of said stream lying northwesterly of saiel right of way.

provided that the Box Company shall tlnd that the volume of water discharged through said opening, as now or hereafter adjusted, is inadequate or excessive in amount to maintain said pool at its normal level. (c) To permanently close said opening so as not to thereafter discharge therefrom waters from said storm water sewer into said part of riid stream lying neirthwesterly of said right of way, upon receiving notice from the Box Company that the Box Company waives all Water rights in said stream and desires saiel opening permanently closed: provided always and upon the condition that such act or nets on the part of the City will not interfere with any riparian rights then existing in anv third person or persons. 4. The Box Company accepts the agreements of the Citv as herein general supervision of the Com- 000 of said unexpended balances will COMMUNICATIONS AND RE-PORTK FROM OTHER CORPORATION OFFICERS. BOARDS AND DEPARTMENTS.

March 24, 1942. oi i-uouc Works Sec. 3. This ordinance shall effect immediately. take oooii.i consent wn i to vote thereon.

Adopted unanimously. From: W. Raymond Whitley, Agent. To: The City Council. formerly the Town of Chili.

County of Monroe anil State of New York, and beiug a pari, ol Uind annexed to The City of Rochester pursuant to Chapter' 284 ot the Laws id 1940, bounded and cirscnbed as follow Beginning at punt on the northerly line of Scot sville Koad ns Widened, said point being 669. 25 feet westerly from the intersection of the west line of Ihe Pennsylvania Kail-road rigiit and said northerly line of Scnltsvilic lo ad; thence westerly along the I northerly line of Seottsville Koad 300 feel to a point; thence northerly at tight angles witii said northerly line of Seottsville Bond. 165 fee to a point; thence easterly parallel to the said northerly line of Seottsville Koad, 300 feet to a point; the ne'e southerly at right angles with the last described course', 165 feet to the nortln'rly line of Seottsville and the place of beginning. Excepting and always reserving from above parcel ol land a perm mrni rase-me nt over i strip of land Id feet in depth ami extending ae'ross tne entire' width of the-above- described parce the southerly line of said strip being the northerly line of Scot Is villi- Koad as widened. Said diin is to he ri'served to The City ed' Roche s1er as a perma Section 1.

The compensation ol Reed, Hoyt. Washburn and Clay, heretofore employed by the City Manager as experts in connection with, the issuance of $3,065,000 bonds, including examination of law and record of proceedings, preparation of proceedings and opinion approving bonds, also including Albany- legislation anil general services tei date, hereby fixed In the sum of (4.591.94 for sue-h services and disbursements connected therewith. See. 2. This ordinance shall take efleet immediately.

Unanimous consent was granted to vole thereon. Adopted unanimously. By Councilman Dicker-Ordinance No. 12-G8. An Ordinance Electing lo Issue I n-der Article Seven ef the General City Law Fifty Thousand Dollar llonel, to 'roicle a Fund for th Itecnnxtruetion of Street 1'ate-ment.

Be it ordained by the Council the City of Rochester a-s follows; Section 1. The City of Roche-step elects to issue bonds tn the amount and lor the purpose stated below under Article Seven eif the General Cltv Law, the City being authorized to i-sue bonds for such purpose by Chapter 755 of the Laws of 1907, and a't and Local Laws amendatory thereof not De required for any of the purposes included in the 1941 budget or tor purposes to which any ot such moneys have been hertoiore appropriated. IN WITNESS WHEREOF I have hereunto set my hand this 24th day of March, 1942. RAY ELLIS, Comptroller. Received, filed and published.

Communications from the Corporation Counsel relative to the settlements of thp claim nf Tilu lluvio By Councilman Erwin Int. No. 20. AMENDING CHAPTER 91 OF VOL subject: Sale Offer Lots, Addition and West Seneca TER FOLDING BOX COMPANY) AND. AUTHORIZING EXECUTION OF CONTRACT.

Re it ordained by the Council of the City of Rochester as follows: Seed ion 1. The Council lierebv approves of the price of $2,500.00 re-jiotte'd by the City Manager for the purchase from the Rochester Folding Box Company pursuant to Ordinance No 37-J35, adoptee! by the Council. May 10. 1937. of an easement ne'e essary for the construction of a storm water sewer and the City Manager is hereby to purchase said easement through the Purchasing Agent, lor the aforesaid sum and subjiMt te the conditions and stipulations set forth in the following con-trait and the' City Manager is hide-by authorized and direct eel to execute on behalf of the City of Roehester, the following with the Rochester Folding Box Company.

AGREEMENT. Made between CHESTER folding box company, a do Tract. municipal corporation with an office and place of business in the City Hall, Rochester, New York, hereinafter called the Vendor, anil LAKE JO ST I it I CT I O.N CO Rpt Hi AT I a domestic corporation with an office and place of business at filMi Union Trust Building, Rochester, New York, hereinafter called the Purchaser. The vendor in consideration of the sum of hereby agrees to sell and the purchaser agrees to purchase the real estate set forth in Schedule A which is hereto attached and made a part of this agreement subject to pole and wire easements and all easements, covenants and restrictions running with the land, upon the following terms and conditions 1. That the entire purchase price shall be paid at the time of execution of the agreement.

2. That title to each lot will be transferred to the purchaser by the vendor as soon as the purchaser urn, OF THE MUNICIPAL Mr. Raymond D. Ryan, as agent 'the Lake Construction Corporation, oifers Ten Dollars S10.no each i.vu&, BUILDING ZONE ORDI NANCE, BY CHANGING TERRI lor the following lots, subject to the -J- AND ST. author- Angelo and Samuel l'rofeta.

Victoria in sale nrl Clifford Vnnnnnr fame terms and conditions lzed under Oriiinance 42-70 L. Lill and Henry and Frances i'AUL STREET FROM LIGHT INDUSTRIAL DISTRICT TO LIGHT INDUSTRIAL DISTRICT. Be it ordained by the Council or the City of Rochester as follows: Section 1. Chapter 91 of Volume II of the Municipal Code. Buildimr Received and filed.

MISCELLANEOUS COMMUNICATIONS NOTICE OF CLAIMS i I'lintiiini-ii tenel it rich! a herein snail have produced evidence satis nent and perpetual easement for thei iione Ordinance, adopted hv factory to the vendor that gage has been granted for a mort-! following purpieis: For the' const rue--i said lot. i lion, re -onst ion. alteration, en-: cil June 10, 1929, and thereafter amended, is hereby amended bv C. II. Borden vs.

City of Roches- anei suppleme-ntal thereto. No. 4176. tcr, Sec. 2.

Such bonds shad be issued i. lhat at the time of the transfer of title Ten and no100 ($10.00) Dollars of the aforesaid purchase Louis Bucci vs. City of Rochester. largement, main'i'tiance, repair and! operation of storm water and sani-i tary sewers and appurtenances; for, the construction, reconstruction, ui-l ma jiunuing Alap (sheet No. 23) so as to change from a Light Industrial District to in the amount of $50,000 to provide a fund from which appropriations price will be allocated to the pur chase of the lot to which the title is teration.

enlargement, maintenance, i may be made for the reconstruction transferred to the purchaser. of penetration process pavements of roads, streets, highways and park to ciarke Bnen, except that if the agreement is cancelled because faiiure to obtain priorities for huiMjn material, the purchase price cf these lots shall be refunded. Twentv-three (23) lots in the Lake-rlaie Aildition located as follows: Lots Numbers tj to 15 inclusive on li east side of Lake Avenue; Lots Numbers 1 to 5 inclusive on the north side o. Harding Road; Lots Numbers lf to 23 inclusive on the west side of Hopper Terrace. Twenty-three lots in the West Sseneea Trait located as follows: Lots Numbers CI.

62, 63, 64, 65, 178. j2. 412, 413. 414. 415 and 416 situated on the south side of Ridgcway reserving a 5.25 fuot-front on 3t: itTcuay Avenue to the Citv: Lots 1M, 155.

156, 160, 164, 171. 174 and 175 situated on the east of Wrstmnunt Street; Lots Numbers 204, 205 and 206 situated on the west side of Westmount fctree W. RAYMOND WHITLEY, Purchasing1 Agent. Received, filed and published. March 4, 1942.

From: Harold S. W. MacFarlin, Commissioner of Commerce. To: The City Council. Subject: Certification on Sale.

set forth in lieu of its water rights in the normal flow of said stream and all damages sustained, or which may hen-after be sustained by It in any way growing out of or connected with the construction or maintenance of saiei sewer, or the interference with said stream by the City. 5. The Rochester Folding Box Company for, and in consideration of the covenants and conditions herein set forth, does hereby grant and convey to The City of Rochester, its successors and assigns, an easement over that part of lis said lands lying northwesterly of said New York Central Railronel right, of way for the discharge of the dry weather flow of said sewer (augmented bv such ways in the Citv of Rochester. Before any appropriation is made from mestic corporation, of Rochester, Y.t hereinafter referred to as the "P.ox Company'1 and THE CITY OF ROCHESTER, a municipal corporation of the State of New York, hereinafter referred to as the "City WHEREAS. The Box Company is now.

and for several years last past, has been the owner in fee simple of certain real property situate in the Citv of Rochester, N. and being a portion of the northeast part of Lot No. 59, First Division. Township 2. Short Range, fronting on the north side of Boxart which is iile-nt ihed, and the boundaries of which are approximately shown and ut lined on Plat No.

33. Vol. 4. Hopkins Atlas, the City of Rochester. N.

Y. and' which said such fund for anv such improve No. 4177. Herbert B. Burger vs.

City of Rochester, No. 4178. Michael D. Cerame vs. City of Rochester, No.

4179. Frank and Mae Fedele vs. City of Rochester, No. 4180. Raymond Finzer vs.

City of Rochester, No. 4181. Rose H. Furlong vs. City of Rochester.

No. 4182. William Hill vs. City of Rochester, No. 41S3.

Maryland Casualty Company of Baltimore vs. City of Rochester, No. 41M. Joseph Met ever vs. City of Rochester, No.

4185. Joseph Russo vs. City of Rochester, No. 4186. Sandro Sa porta vs.

City of Rochester. No. 4187. Nicholas Schicker vs. City of Rochester, No.

4I8S. George Schneider vs. City of Rochester, No. 4189. Arthur Sen hia vs.

City of Roch an a Light Industrial District the following described property: All that tract or parcel of land situate in the City of Rochester, County of Monroe and State of New York beginning at the northwest corner of Avenue and St. Paul Street; thence north along the west line of St. Paul Street about 156 feet to an angle in said St. Paul Street; thence continuing along the west line of St. Paul Street about 500 feet to the north line a parcel designated as Code No.

12-46-101 on maps of the department of assessment and taxation; thence westerly along tho northerly line of said parcel 12-4G-101 to the top of the east high Bank of the Genesee River; thence southerly ulong said east high bank of the Genesee River to the north line of Avenue thence easterly along the north line of Avenue to the place of beginning, except parcels designated as Code Nos. 1235301. 1235.102, 1235306 repair and operation ot a railroad siding or sidings to be constructed by or to be for The City of Rochester and 1he subsequent operation, use, maintenance, repair and replaceme nt of said sidings over said 40-foot and for the construction, reconstruction, alteration, enlargement. maintenance, repair and operation of any track or tracks used or usediih in connection with said siding or sidings; for access to and lor egress and ingress upon each ami every part or portion of said 40-foot strip to The Cily of Rochester, its ngents. servants, em-ployee'S.

and for the e-on-struetion. reconstruction, alteration, enlargement, repair and operation power lines, conduits, wires and a ppi.rtenane es. serving obstruction lights on the first above clrserihcd pre' iuse-s. 4- That the purchaser will have completed construction of houses on at least twenty-live per cent of the lots set forth in Schedule A prior to September 1, 1912. 5.

That the purchaser will have completed construc tion of houses on at least fifty per cent of the lots specified in Schedule A prior to March 1. 1943. 6. That the purchaser will have completed construction of houses on all of the lots specified in Schedule A prior to September 1. 1913.

7- That the purchaser will comply with all zoning regulations and ordinances of the City of Rochester in the construction of houses and the use o' the lots specified. 8. This contract shall not be assigned, transferred or pledged in whole or in part by he purchaser portion ot the storm water flow- as property is intersected in a general does not pass over the said weir) into saiel part of said stream lying ment five per centum of the antirw estimated cost of such improvement shall be set aside and appropriated for such improvement from the un-expeneled balances of the appropriations of 1941. now amounting to not less than $75,000. It has been and hereby determied after certification bv the Comptroller that at lea.st of saiel unexpended balance will not be required for anv of the purposes included in the 1941 budget or for the purposes to which anv of such moneys have been heretofore an-propriateel.

The Comptroller aha'l set aside from such moneys the mim, of $3,000 to be held subject to further appropriation under this cg tion. Continued on Next rare. on said part of saiei lands. Reference is hereby made to Ordinance No. 37-135 adopted by the Council of nortneasieriy and soul hweste-rly by the right of way of the New Yoi Ic Central and WHEREAS, a certain meandering stream, which is indicated, anj the course winch is shown on said Plat No.

33. runs from the southwest across said property; and WHEREAS, prim- to 1934. certain The City of Rochester, May 10, 1937. I tie lox Company agrees at any lutiire time, immediately upon de in accordance with the provisions mand, tn execute and deliver to the Citv. in form approved bv the Cor r' Section fc-IS of Volume II of the 2vl Code authorizing the sale c.r lands acquired in tax foreclosure rrcccedings and excess pondsmna- in the Town of Greece The sale bv the Purchasing Agent sewers were poratmn ounsel of the City, any without the written consent and ap- proval of the vendor.

ester. Xo. 4190. ghall bo subject to the following so constructed as to drain into said further deed or conveyance nccea- and ,1235307 on the maps of the De-.