The Cedarville Herald, Volume 73, Numbers 27-50

><« -br Friday, August l-g; 1950 The Gedarville, O. Herald com - fheWeekat the GreeneCounty CourtHouse COMMON PLEAS COURT Sues for Money The Bttellman Electric patty, Dayton, has brought suit against the Ohio Eelectrle Serv­ ice compnay, Xenia, clalroinir $1- 051.15 is, due- on merchandise. Asks Injunction Carl O. McDonald of Fairborn asks an injunction again..t Del­ bert L, and Thelma M. Bowman for alleged violation of building code. Di.oree Actions Marjorie J. Jefferson of Xenia has filed suit for divorce from William Jefferso.:. Cedarville, al- legh'.g neglect and trueliy. Tiiey were married in 1U23, the plulntuf aeks restoration to her foi'nur name of Jeffries. The following petitions ht-c* been filed* Juanita C. Larinav:: vs. James II., neglect and muedtv; asking restora'-io.; to R of Colllngtw.jth; Their,.a Alice St- iek vs. Stanley Jo-*e-ph, negk-vt, asking narr.f 1■: '\to-:tcv,I i,, m..,- den name c? Gr.,;; liaLy G. Tay­ lor vs- Jr.rnes 31., Xenia, ir-gl c-i, asks custody of two clsllircn; Dana Hsrten.'-tein vs. Frauets, address unknown, neglect and cruelty. Divorces gianted: Lot.* 3,1. Fo.d from Russell, neglect, itsiu r-'i to name of hlcNelly; Dorothy Morgan from Joseph as.J eu - tody of a son. He.ls lii-mirsed Two suits brought by L, Barton vs. Chester L were ordered dismiss sd. The suit of Frh,* ID o - George Wappelkm " , et been dismissed. R u s s e ll L ow e ll A h lb r a n d , J r . , C in c in n a ti, a n d M a r th a J a n e L e a - b e tt e r , X e n ia . R ic h a rd E a r l M cG ow ig a l, J r . , S p rin g fie ld , a n d G le n n a F a y e T u c k e r, X e n ia . All blits payable monthly. The foregoing chaoses* are minimum cliaijces nut maximum charges ami the vil­ lage reserves the right to Increase the same a t any time should the revenues ct the syst.m prove Insufficient to pay Uie operating and maintenance expenses and the debt charges provided by said Ordin­ ance No. 259. SECTION 2. All buildings, including both «on determine the amount of bonds to he » ^ ed, ^ ; R iding cause notice of any such call lished in a newspaper § general c U l a - ' n ^ t e v e n t village °nn,?o*viut>. and to revenue bonds, limited as R a ln h E d w in P o w e ll a n d B e ttV 1, commealal and residential properties, which clpat and Interest of said bonds shad he* . g,mU° -b^ nt^ ^ " ds hwehi au- Ifa ip h ^ a w m j . o w e u a n a . | a „ R t.!e services cf the sewerage system w a b to In shall operate J ! "tm iy ‘ana maln- btates of America, at The uncoui. , tail, the same and all parts thereof in con- J a n e H illia r d , X e n ia . i available thereto by means of main or }lateral sewers, shall, as soon as practic- foreclosure shall he had of the mortgage i “Sewer System; Fund’ hereinbefore described and referred to In when collected shall and which taxes, bo. held Inviolate this ordinance, and the mortgaged prop­ erty shall lie sold under such proceedings, the gtnntee Js hereby granted the right for the full period of twenty years front the date of such foreclosure sale,, or the final confirmation thereof, if such confirmation, be then required under Ohio procedure, to construct, maintain, operate and extend on, along, over, under, across and beyond the streets, .avenues, alleys and public grounds . or ways of the Village of Cedarvllle, in and BasF fn ’TOVtaqln r amm°th 1 p ’faco of each of stunt kood condition and repair and main- Jwith 'the" full"aita Inraessary "privlledgos aid bSEfc shall hQ 1 recited a reference to tal i taurance upon the same, of a kind j the use of the streets, avenues, alleys, r R o n a ld R tv m o n d H o o v e r a n d connections are made, each property > 2 -oi * . __ . [,within the village served by the system Dons M a e reirstme, r air b o rn . i shall pay the minimum monthly charge of pA tpii* K i'itc st F a n n rtt a n d Vi*^ S..09 per mouth. n - j i e s - u . , » m -1!*u V1 . sec tion 3. should the bin for any o la B e n tle y , F a ir b o r n . |p rc ;e jty or user Sieved rendered by tlm CaT-1 V tiw iv -l ATnver G a rd e ^ l. sewerage system remain unpaid for a period t a r t r . a w a u . u o j t r , v a r u t . a , 0, s,x:y ((W) J s ,.3 waUr SCivhe to such a n d L u e lla B a r n e tt , v V a y n e sv u le .. inop.ity or user rhaii thereupon be sus- ! pended and shall only be resumed upon i raves-nt of an aiMilloml ft? of $2.00. the County of Greene and State of Ohio, .......................................... . . . . f o r mid Totally would i other public ways or grounds for the pur- engaged pose of constructing, erecting, maintaining, operating and extending said sewerage sys­ tem and all' mains, pipes, manholes and all other ptoperty and supplies forming a part fer real, estate. to r a s f o f f“ m.re& u T p n X ^ r may j mit jmy ambonred repreieniaihe nnerate said ^ U tv w h ic h franchise ex- \ purchaser or purchasers of ten t S for a p e rio d 'o " twenty years after ttfen^jin aggregate principal amount Of the per- of the ( 10 %) per A im the d a te o f 1 sale of saldu tnU yupon fore-J bond* a t the time .jutstanding or any hold- G e ra ld E d w in M o r ris a n d B e t t y ' “ SECTIOX i. Tlu-Cwner of private prop- closure. Said bonds shall he slgiwd hy tU'i er ^ c )^ per cteiit ot^said amount » „ ..o n , 0£ x o „ o . j s i ^ “ a £ ’a , « s « Sr;.,*™™™s■« J a r. 10 :- J o r e u h S e lie o tz , W a v n e s - ’ t ctutvy seuetage away. Khali. :,s well as ... , t V m . ftho U v .e of tli.* premises, bt liable to the v in e , a n a 1.01& i r t ’I»e lwe^^e, -Vt gviiij-c ru!- all service of said system ren- " d u td said premises. „ T . t SECTION 5, This ordinance Is declared G e n e J u n i o r .d a y to n a n a E la in e P ,0 al, tnuflreucy matratfe in that the F m a w ro G a rv ill. X e n ia . - Pi ace. health and safety of the inhabitants . m o . t .C u m t t . 1 . A c a ia . j f ,!;c. vdltge of IVdatvilU* require the i a tti vVlLuPa R a g e , JUOS A n g e - r 3 1.1 V.i;hat,t delay of the improve- ' 17,-1 I f s c ttn i T ln rrip t R p e 1 tnenta t,, tht* set,age system and tl shall iim .u a i .n a n a r r . e t ; !fiU , !rcft j=ir.n Jlat.l' up m Us passage ir b o rn . 5 (Hill approval by the Mayor. August. 1930. ta . lc-s. for that purpose. Section G. In the event that the above rates shall prove insufficient to enable said Grantee to earn, after payment of operating expenses, maintenance and a reasonable" allowance for depreciation, a net return of G%% upon the reproduction cost of said utility, after making reason­ able allowance for depreciation of said utility since the time of Its Installation, ............................ consideration the 1 ig o t/w OF> 'SETTER LIVING through BETTER AGRICULTURE after taking into adequacy of the maintenance thereof, the village, by appropriate ordinance, shall! raise such rates sufficiently to produce; such return, as provided in Section G14-411 of the General Code of Ohio, except th a t: it shall not be necessary for said village j to wait until one year before the expira- j tion of said period, hut the duty to In-] REAL ESTATE Hunrv and Miriam G. Horntier-- ger to Kt nneth and Opal Pin-on, ’ •.A in Siiv&rcreck. ; Orville E. White to Paul E. a n d 1 . .*; nine i.u.a, b t in Bowers-’ tik*. E'izaleib 31. and Virgil Roberts to \tth u r ILdiinkaWorti., 1 acre! :> t,*ffeiton towiisbin. j p.mno'lt and Ida Hamilton *0 Wm. Pa;.i arid I.etka 31. Biileb, la:sid the 7 uay Arthur Cultlcc ru sH i.n ; of Council P. J. M 'Corken • Clerk of Oouuoil Approved this 7 day of August, 195U. v. it. Frame Mayor C E R T I F I C A T E Tho under i.gned. Villa ;c Clork of the Vt.i,g< or Ctuarviila. Ohio, hereby c<riffles' li, foi«vUn*t to be a true and loruvt «.pv of Ordinance No. 2G0 passed by the council of said village on August 7, 1930. P. J. MeCorUell Village Clerk (S-ll-Ct S-1SJ cou1>on0s , attaachedato S id “ bonds‘"sj.all b e n rd a ia b ftlm nstem at all reasonable times, the fMslmuS slmatare of Ore Village Clerk SECTION 11 . in order to secure the pay- nrin*edor UthoCTaphed °theron. Said bonds aieut-Of the principal and of t)ie interest shall be n re n a r^ issued and delivered un-1 on sWdbomls as tlie same shall become due der the direction* of the Mayor and AH- j ,i£] jj,?*' a??i ^ !!lnR? SjerJt i to time by the Grantee during the life of Clerk ns hereinafter provided. »ot ij. _ _ 1 resident «md Clerk jhfs fpimoirief* w r r i f P f 4 That bonds numbered from of tl®, Hoard of Trustees of Public Affairs, 1 Inclusive, of s^ d feu e are Hereby, are Jereby autborizrd arid directed in, the w ard ed and S id to Fox, Keusch and Com-; nam^ or ami on behalf of the village, to iianv Incornoratwl° bond dealers, of Cln- maker execute, acknowledge and deliver to cinnati Ohio and’ shall be sold and de- , 'the Xuu-oln National Bank of Cincinnati, Hvered’ to said nurchasers upon payment Olno. in trust for the purchaser or pur- therefor *In Compliance wtUi 'their offer to chasers of s ,id bonds, a good and suffi- purchase said bonds now on file with clentr first mortgage deed upon all ot the council which bid Is herebv accepted. The sewerage system property now owned by remaining four bonds may be sold as here- the Village or hereafter acquired, together inaffer provided by resolution of council, with all extensions, betterments and addi- “ iV r,f the sale tiollS to said utilitv innrio Hnrinir HiA time of said utility, including all apparatus ’ crease shall ariso upon request of the s necessary for the collection and disposal 'Grantee, forthwith, whereupon In the event of sanitary sewerage and other wastes. | that such action by the village is not Keetinii (’ This franchise-shall be held 1 taken, complaint may be tiled to the to app™ to andSgive” the ° exclusive* rig h t!*'“Wlc■ p ilu le s Convmission prcrided to own! and operate all the property rights, ^ f e Grantee’s Tight to Com- and interest theretofore owned and oper- C™c of Oli o. ™e (iranw ™ c i ated by tlio Village of Cedarvllle as its 11 '1?111 t0 said Commission shall be curnui utility, known as tile sewerage system, with all extensions,* betterments, replacements and- Hew* equipment which have been made or added thereto by said village prior to the taking effect of this franchise, to­ gether with the extensions and betterments which may thereafter be made from time SfC l * r thi franchise. Section D. Tlie Grantee, in the construc­ tion, maintenance, extension and repair of said utility, shall not unnecessarily Inter­ rupt or obstruct the passage upon any street, avenue, alley, or other public ground or ways, and whenever It shall in any Way open any of said grounds or ways for the alive to its right to enforce the perform­ ance of the above imposed duty on the village under the provisions of Section 12283 of the General Code of Ohio. Section H. For the remaining period of this franchise the rates to be charged by said Grantee shall be fixed by tlie Council of said viliage by and with the consent of \ the Grantee or by the Public Utilities] Commission, or its successor in office. In tlie event of the village and Grantee, to agree; but. In any event, the rates { shall be such as to enable the Grantee t o , earn 6 %% upon the reproduction cost of j said system, less depreciation, as here-j inbefore provided, as determined by the ( Public Utllties Commission after payment construction or maintenance of any under- ; Sf‘”operattng ^*expenrer“mai’ntenance'’ ’a n d ‘a i ground construction, it shall replace such proper allowance for depreciation, or re -1 thoroughfares, ways or grounds in as good placement s S h i n T o u t Of theTwceeds'o ' l ns’ y made du g the me ?ondn‘,ti?n B S . , t,efo,re undertaking ,f«<* ‘ Section*I. This franchise shall take ef- uonnAlted in an.v of said bond/ slum remain mrtsbmd. *.work. The Grantee shall hold the village! , feet immediately upon tlie confirmation j of said hands'there shall be deposite In any of said bonds shall remain outstand-,. , ■*„ ,, , -------------r~ , the Bond account ^*e“ ed by Section G of lug and upaid. Said mortgage shall be in Iha™ ! f s, f,°,r ,anI „ cos,‘’„ d"™a®f t°T »y tlie court of the foreclosure sale or the* thfe Ordinance the sum of $2,G00 which such form and contain such terms, cove- F,xPcn“e " l c l arpstj . 01' l e. V.!US„Cnn J .property covered by tlie mortgage of the uromaute iue sum «.„ j ..... _____ __ »-. *.A the OGeummcv or use of tho streets. Alievs. *vm«»A n , w i « , *u*, tmmhnea; n? B.irt *ii l.FGAL NOTICE ,r c • It i. ri. who-..* present where- . a -•*! . i-t..'. .>- o.i\ unknown. will take • *l:a* i;: Ar;-;:sl '■t-.:. 1**10. Dana ;i ,* ii: {.l-.d a certain action in di- agjiii*! 1. *:: grui.inis vS gross r.eg- t duf. .: i.I ix I h . j I' cr:'-.Il> in Cx-e 2,3:". ,.:i fin* d;.*!;r* .if t!.e (’ uu E l B ( i !.* ;! i.ru'im Cu;i!.!y Ohio, cud ••<id cautv \\:ti conn* r.u f.,' hvarin;' after the 23th dav of S.ptemhtT I9»d Si: rap and llagler, A ttouuss f, r Plaintiff. lit-9-1"4 shall be used for the payment ot the in- nant? and conditions not inconsistent with terest on the bonds herein authorized d u r-! tins ordinance as shall be approved by the ing the period of construction. The remain-. purchaser of said bonds and tlie solicitor Ing proceeds from the sale of said bonds, ot tlie village. Said mortgage shall contain except the premium and accrued interest, a condition that in case the village shall shall he placed in the treasury to the credit make default in the payment of any of said cf the proper fund, and deposited In a bonds or the interest thereon or of any of hank or banks which are members of the tlie terms of said mortgage or this ordin- Fcderal Deposit Insurance Corporation, in ance, tlie owners or holders of twenty- a special account or accounts, and shall he five (25%) per cent in amount of said used only for tho purpose of paying the bonds remaining unpaid or tlie trustee for cost of constructing the sewerage system said bondholders, on its own initiative, may and sewage disposal plant of the village elect to declare tlie entire amount of said as hereinbefore set forth, and all things bonds due and payable and that, upon de- ORDINANCE NO. 259 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $3d,0U0 OF .MORTGAGE P.KVENIE BUNDS OF THE VILLAGE OF .... .......... ................. ............. . , , , - --------------- - ---------- CEDAIIVILLE. OHIO. UNDER AUTHORITY necessarv and Incidental thereto, for which: fault in the payment thereof, said mortgage OF SECTION 12 OF ARTICLE XVU1 OF purpose said proceeds are hereby appropri- may be foreclosed. Said mortgage shall also t occupancy r s f t str ts, all ys,, Village of Cedarvllle to the purc aser of avenues, or other public grounds or ways tIl0 j,01lcls secured by said mortgage and lj-v said Grantee. I tlie Trustee designated therein. Section E. The Grantee, In the operation SECTION Is. Should It be Judicially of said public utility shall be subject a t determined by a cGurt having jurisdiction all times to such reasonable regulation of *to pass upon the validity of this ordinance tlie council^ of the Village of Cedarvllle, or ] or the mortgage or bonds herein authorized. ( u. v.=. aL. has PROBATE COURT ORDINANCE MO. 260 *\ OLDiN.VNt E FIXING RATES AND lUlhGEI FOR SUMTAKY SEWERAGE oSSTEJC AND DISPOSAL PLANT SERV­ ICE TO THE VILI AGE OF <EDARV1LLE. t*H *\ iT? INHABITANTS -AND OTHER I SEES. WHLREAS, by virtue of Ordinance No. . »■.» )>■•'scii by the Coiun’Sl . s’ the ViiSagp of Helen Adin f-'d M 21 I 2 (Jernon ‘ 1■ I'1',;11, l' -'-n’4'- *-* *V:- , . . , . i gust 7, itt.iit. Lr-T »:nigage sewerage* sva- Iiave been r.;'»{*n.-u:-d p:\e2Utl lirt'S tun r-.-.enue Lend; of said vHlag' of the estate of II:t hei Emma Al- Mn late of New Jasper. Estate Appraised The estate of the late Alta D. Wagner, CoJarviUe, was appraised a t §155,347.01. Deductions a- mounted to $25,025.2d, leaving a net value of 150,521.75. The estate of Charles Howard Donley has been appraised at $32,124.02. net value. The net value of the estate of Anna Ltnd.-.ay has a net value of $2,500. i May Sell Land [jx.if rcunuc to ;..n- aui berating and 4 f m in t, nar-r. txpen.-as anti ttu diht charges J. A. Finney, administrator ofp r utitf hi mis wiiich are fixed ty said tlie estate o f Iioueria renewit. ;s, therefore , p . b it ordained c its ttu- p .nciial argiuin- of $S9 0 <i-l were aatla,.* !/■.! J > . Us ;;.<1 under auli.oriiv uf Art: ii* XVIII. Sc«*th :i 12 <■: the Obi ; Ce.ridi: ;- ;i •: !> ;..:v til. cist -if c(::utr;:.';:;;g a xen ( *,*. c <:v fem a*ul suvag.* d‘u a ! ; Ur.’ ! * .!;• villa::. U> b. d.it-\5 Sejit«r::vir ?. M* l. i.mi to bear inverts! .*; the rate tf •l:i anS it: .■ d l l J' » ; er cent n<;' <r:!;n : iiavab.c -".cml a:mti.ui*., and c:i t .ra:g in annual in-taliratuts during the v.ars )'•" i to t’GS, l:..*:.:*ive. said bonds T . "i :-r l '. \aMtf W>1M'i froin the ri*isues t*f ihi* S2U i r.uv J5JSitBS *i! dto;vsa! al?*. v the i*ajTIU *1 the i u vssar; v ex- M 'C* f f q ; k ? l,\t hi,:■auii cs4i«: t-ahl •WOs, i'.nil V..HhK fsl he j*iirs esc iyf ps•ot«t- {rj> the l»urctias*. lif s tic a vA hi *•* I► tU ;* Rurh fir >,i'A tosaLa r to n. y til tf.! :h!f ! ■.Tt.ita rate* . ni rh:v./VS f, r : or ymiee t i tic*n r.dor- Hi 11 • V ittl v: III, arid n* and «.:1 k r use1*5 WliSi'll vdll ldaiT THE OHIO CONSTITUTION* FOR THE PURPOSE OF PAYING THE COST OF EX- IEXDLNG THE SEWERAGE SYSTEM OF .AID VILLAGE: PROVIDING A FIIAN- tlUSE TO BE EFFKf TIVF. IN THE EVENT OF FORECLOSURE; AND DECLARING -UN *,“2 kLMEUHENCY. WHEREAS, the Village ComiclV has de- tctnlncd to build a complete sewerage sys­ tem and sewage disposal jdant. Including interceptor and lateral sewers, and to oper­ ate tho same as a public utility, NOW. THEREFORE. BE IT ORDAINED by the Conned of tlie Village of Ccdartllle, Greene County, Ohio, three fourths of all of the members elected thereto concurring: SECTION I. That It is hereby declared necessary, to order to protect the health, safttv and welfare* of the Inhabitants of the* Village of Cedars ilk*. Ohio to issue and sell $S 0 .G(l 0 of fust mortgage sewerage svsteal revenue bonds of the village to pay the cost of building a complete sanitary sewerage system and sewage* treatment plant Including the constructing of interceptor n u t lateral genets, and the purchase of any necessary real estate and tlie payment (? 3 i; expcnsis Incidental to satd extension. Said hand* shall be Issued under author­ ity of Article XVIII. .Section 12 of the Constitution of Ohio, and shall be secured l»v a mortgage and a closed first lien on and payable primarily' from tlie gross rev­ enges i f said sewerage system and all ex­ tensions, improvements, replacements and alterations at any time made In respect then:.*, after provision, only for the rea­ sonable operating and maintenance ex- pensts then of. including a franchise stat­ ing tin* terms upon wiiich. to case of fore­ closure. tiie purchaser may operate the rnnio. and. by the covenant of said village to maintain d etain rates and Collect cer­ tain charges for the facilities and services atfozdcd by said uttiitv. provided, how­ ever. that nothing In this ordinance shall be construed an pledging the general credit of the Village of Cedarvllle, to tlie pay­ ment of said hand* .or any part thereof, i . tlie interest thereon. SECTION 2. Said bond* shall lie issued to the principal sum of $80,000, for the purpose aforesaid: they shall he dated ated. Any unexpended balance in said fund. provide that tlie village shall Carry full may he invested to direct obligations of th e . insurance in an amount which normally United States of America until needed for! would he carried by a private company en- purposes set forth hereto. The premium and gaged in a similar type of business and in accrued Interest and any balance remain- a minimum amount of the full Insurable ing in said fund after the completion of, value of tlie puhlle utility, payable to the said purchase and improvements and the trustee thereof, as Us interest may appear, pavment of all expenses In* connection SECTION 12. In the event of any litiga- therewith shall be transferred lo tlie officer 1 tion commenced or pending in any court fere with the ability of such Grantee to earn a fair return upon the reproduction cost of said utility, less depreciation, after proper allowance for operation and de­ preciation or replacement. Section F. For a period of ten years its corporate successor, as shallj i o t inter- j th at any provision of tlie ordinance is beyond the powers of this Council or said village or is otherwise invalid, then such i decision shall in no way affect the valid -1 ity of said mortgage or the validity of | said bends, or any proceedings related | thereto, except' as to tlie particular m a t-} after the taking effect of this franchise, ters found by such decision to he invalid. tlie Grantee may charge not to exceed the following rates: Minimum monthly service per house $3.00 Vacant lots $1.25 Sewerage services rendered to the vil­ lage h.v said utility for public purposes, shall be charged against tlie village and shall be paid for by it in monthly in­ stallments as tlie same accrues, out of tlie current revenues of the village col- or' officers in charge of tlu* Stoking Fund having Jurisdiction, to which tlie said vil- ] The^pnvments to 'lie ^ m d f bv^snid 1 vlUa^e i r Bead Retirement Fund to he by themliage is a party involving tlie said sewer- ,^10, PaJineins to oe made bj said \illa„e placed in a separate fund designated is age system, tlie operation of the same, the the “Bond and Interest Redemption A c-, revenue from tlie same, or wrongful per- caunt” (hereinafter sometimes referred to formance or failure to perform any of the as the “Bond Account’’) and created by terms and conditions of this ordinance or Section G of this ordinance, and shall lie j the mortgage herein provided for, and there applied only to tlie payment of the interest is at such time any default in the payment and principal of the bonds herein author- of any of such bonds or interest when and * * * as tlie same fall due, the court, having jurisdiction of such cause may appoint a izetl and for no otiier purpose. SECTION G. From and after tlie delivery of any bonds Issued under tlie provisions receiver to administer and operate said of this ordinance, the entire income a n d , sewerage system on behalf of the Village revenue of said sewerage system shall he <of Cedarville, with full power to pay and set aside and deposited by the Treasurer to provide for till* payment of such niort- to a special and separate fund wiiich i s : gage bonds outstanding against said sewer M a r r ia g e L ic e n se s , urn ana sewage disposal plant by th e to- from r i r a o r i n c i L . . . . TP~r T V ,vre.*:. I ow ls ,,flT.if.'r ; I'-Ml aU'S anil otiier users, theteof, of the denomination of S 1.000 o«eh> and & a rl iV J„ e n e u e w tn a n a m e .. Each bouse served by t..c* system $2.2a sluU mature in their consecutive numerl- }.cr month . . . . , cat order on September 1 of each of the Alt •scant lots havuis sewageservice following years, ta the following amounts: available ki Ot) I kt month $2,009 to each of the years from 1934 to Irene Jarrngan, both of James­ town. 1938, inclusive: $3,000 In each of the years front 1939 to 1972, inclusive; and $4,000 to each of the years 1973 to 1979. inclusive. Provided. However, that bond3 of this issue maturing on September!, 1961, i and thereafter, shall he callable as a whole or in part lit their Diverse numeri­ cal order on September 1. I960, or nuy Interest payment date tlucaftcr. at par and accrued interest, plus a premium of 2 percent of par. Council shall by resolu- JEFFERSONVILLE REAL ESTATE AND PERSONAL PROPERTY Located } mile northeast of Jeffersonville on State Route 729 and 10 miles north of Washington C. H. on Thursday, August* 24 ,1 9 5 0 Beginning a t 1:30 P. M. Real Estate Sells a t 2:00 P. M, This modern home consists of six rooms with five room5 down, and one up. It has two bedrooms downstairs and c modern bath on the first floor. The kitchen is modern i; every way with plenty of built in cabinets. The home h heated with a new automatic oil furnace. This home ha a full Basement, built in laundry tubs, shower etc. NOTE: The living room In this home is 27 x 14 an * both the living room and dining room rugs and pads wilt fee sold with the house. Also draperies and curtains are t remain in the house and sell as a part of the property. ACREAGE: There is 11 acres of ground with severa good fruit trees and a large strawberry patch. Also sever of good out buildings. This is an exceptionally well built house and an oppor­ tunity for someone to buy a desirable home end acreage close to the good town of Jeffersonville. This property hoc been appraised for a G! loon and information can be ok Gained on this by contacting the owners. Inspection of property permitted. Household Goods Globoy Heatrofa; new Philco Advance Design 8 eu. ft. refrigerator; Florence table top gas range; good dinin<* room suite with table and six chairs; buffet and chine closet; kitchen table and chairs; 3 way floor lamp; han painted pictures ond other articles too numerous to mer tion. TERMS: $T000.00 deposit on real estate at time ot safe. Balance to be paid on delivery of deed. Immediate possession. Household goods sells for cash. Mr. & Mrs. Max Groff, Owners Sale in charge of CLAIBOURNE-McDERMOTT CO., Wilmington, Ohio, Kenneth Bumgarner; Auctioneer. ROUGHING IT T h a t s n a p s h o t t h a t c a u g h t y o u o f f g u a r d w h ile y o u le t -th e f e l ­ low s w e ig h a n d m e a s u re t h e b ig o n e t h a t d id n ’t g e t a w a y — y o u ’l l w a n t i t f o r t h e a lb u m . T h e g ra n d c h ild r e n w ill w a n t t o s e e it ! R u s h U s th e F ilm W e ’ll R u s h th e P ic tu r e Photo Finishing Movie Equipment Cameras . Roll Film Develop ing . Supplies Don’s Camera Shop 59 3Vest Main St. Wilmington , Tel. 2388 hereby .*reated and designated as the “Sewerage System Revenue Fund.” Said Revenue Fund shall be administered as follows: There shall first be paid from said Revenue Fund the reasonable cost of said operation and .maintenance of said scv.xrage system and sewage disposal plant including necessary replacements and de­ preciation: and there shall also be paid from satd fund into a fund hereby cre­ ated and designated as the “Sewerage Sys­ tem Bond and Interest Redemption Account” hereto' called the “Bond Account," during tits years 1930 to 1933, inclusive, all cf the net Income and revenue of the system, amt thereafter, from month to month such amount as will be necessary to pay tlie ■principal and interest requirements on tlie ( bonds on the next ensuing interest or bond i maturity date, plus an additional sum i equal to twenty ( 20 %) per cent of said i principal and interest requirements until I there is a surplus in said Bond. Account 1 equal to tlie principal and interest rc- ! qtilremcnts on the bonds then remaining i outstanding. Should the revenues in any ! one year be insufficient to meet all tlie i aforesaid charges of the Bond Account and Ishould any surplus therefore created be ■’ Impaired for any reason, the amount of I such deficiency or impairment shall (un- ; less previously made up out of otiier funds i of tlui village u^allajile. for that purp.qsc) I bc paid; into tho. Bfmd. Account from the first available revenues tlie following year and shall be in addition to the other re- , qulrcments of the Bond Account. SECTION T. The Stoking Fund Trustees t and their successors to office shall have ! charge of tho Bond Account and said Bond i Account shall be used ouly for tlie pur- J pose of paying tt)e principal or and the I interest on tlie bonds hereto authorized i to b*e issued. -Said Bona Account’shall be deposited in a bank’ or banks which are members of the Federal Deposit Insurance' Uo.poratlon and shall be kept continuously secured by a pledge to the village of direct obligations of the United States of Amer­ ica haring an aggregate market value, ex­ clusive of accrued interest, at all times a t least equal to the balance on deposit is said account or accounts, except that such account or accounts may be secured by a surety bond or bonds, provided, however, that the surplus hereinbefore required* by Section G hereof may be invested in direct obligations of the United States of America until such times as needed for the payment _pf the principal of and interest on satd bonds. SECTION 8 . The rates for services ren­ dered. by said sewerage system to the vil­ lage for its services or for its corporations, Inhabitants and otiier users, shall be rea­ sonable and just, and In any event shall be at all times sufficient to produce gross revenues adequate (a) to pay the reason­ able and proper expenses of operation and maintenance of the utility, Including nec­ essary replacements and depreciation, and (b) to pay, when due, the principal of and the Interest on the bonds hereto authorized, including all charges and excess funds, re­ quired for tlie Bond Account under Sec­ tion 0 hereof. SECTION 9. It Is hereby covenanted and agreed by the village with tlie holder cr holders of, the bonds herein authorized and provided for. that the village and each and every officer thereof will satisfactorily and punctually perform ;n$ duties with refer­ ence to said utility required by tlie Con­ stitution and Statutes of tlie State of Ohio, by this ordinance and by tlie mortgage hereinafter provided for. all and each of [ wiiich duties are hereby defined and es- | tablislied to he the duties specifically en- (joined by law* resulting from an office, 1 trust and station within- the meaning of t Section 12283 of the General Cqde of Ohio, and said village hereby irrevocably coven­ ants, obligates and Jdnds Itself so long as any of tlie bonds are outstanding not to be issue additional bonds pledging any I portion of the revenues of tlie system ex- jeept for revenue producing extensions, re- I placements and additions; provided, how- jever, that no such additional bonds shall [ be issued unless the revenues for the pre­ ceding calendar or fiscal year shall have been equal after deduction of treatment, j disposal, operating, maintenance and rea­ sonable repair, replacement and deprecia­ tion, charges, to 120 % of the principal and ' interest requirements for tlie next ensuing , fiscal year of any bonds at tlie time out- I standing and secured by a pledge of tlie | revenues of said system, plus tlie principal *and interest requirements for tlie lioxt cn- • suing fiscal year on the proposed issue (such requirement as to principal to lie to said grantee for such services to be furnised to tlie village, shall be paid to tiie grantee' monthly in each year during tlie term of tile contract; and, to order SECTION 15. This ordinance is declared to lie an emergency measure for the im­ mediate preservation of the public peace, health and safety of the village for the reason that the bonds herein provided must be issued and sold immediately in orded that tlie village may proceed with­ out delay witii the aforesaid extension to tlie sewerage system, and it shall take effect immediately upon its passage and approval by the Mayor. Passed this 7th day of August, 1930. ARTHUR CULTICE President of Council P. J. aicCORKELL Clerk of Council to provide means for the payment of the Approved this 7tli day age systems, and for tlie payment of the operating expenses an i to apply tlie in­ come anil revenue to the payment of such bonds and interest thereon in accordance with tlie ordinance and the provisions of tlie mortgage securing such indebtedness. Tlie power of such receiver to provide for tlie payment of bonds that are due and. Out­ standing shall not be construed ns pledging tlie general credit of said village til tlie payment of said bonds, or any part thereof or Interest thereon. Such receiver shall have such power, under the direction of the court, as receivers in general equity cases. SECTION 13. In the event of the fore-; closure of tlie mortgage provided for in the preceding section, tlie purchaser or; purchasers at such foreclosure sale shall, be entitled to operate said sewerage system as improved or extended under tlie terms of the following franchise, tvlilch is here­ by .ordained and established to take effect Immediately upon tlie confirmation of such foreclosure sale, to-wit: .FltAXmilSE TO CONSTRUCT, MAIN-.' TAIN AND OPERATE A PUBLIC UTILITY KNOWN AS TIIE SEWERAGE SYSTEM IN-AND FOR THE VILLAGE OF CEDAR­ VILLE. OHIO. UPON AND UNDER THE STREETS. LANES. ALLEYS. AVENUES ANI) OTHER PUBLIC THOROUGHFARES , OF'THE VILLAGE OF CEDARVLLLE. AND .TO-,EIX AND PRESCRIBE THE TEEMS -ASS»^ cond itions u n d e r w h ich sa id OPERATION SHALL BE CONDUCTED. • Section. A. Hereafter when the word “grantee” appears in this franchise, it shall be held to mean and include the pur­ chaser or purchasers’ at judicial sale upon foreclosure of tho mortgage on tho sewer- j age system of the Village of Cedarvllle, and any person, association of persons, Partnership or corporation who sliali. upon i such foreclosure, become tlie owner of said puhlle utility, and this franelilso shall in- j uro to .tho benefit of such person, assccia- . tion, partnership or corporation and their., heirs, executors, administrators, successors, and assigns. v Section B. In the event that any judicial the account to be paid by said village under this contract, the said village in its an­ nual budget and taxation and appropria­ tion ordinances each year during the term of tills contract, obligates itself to in­ clude and levy a sufficient sum on .all taxable property in tlie said village to pay for tlie services rendered as afore­ said, tlie proceeds of which levy* shall be placed in a fund to be designated as the of August. 1950. A. R. FRAME Mayor C E R T I F I C A T E I hereby certify that tlie foregoing js a true and correct copy of an ordinance* passed by tlie council of the Village of Cedarvllle, Ohio, on August 7. 1930. j • r . J. McOORKELTi Clerk 9 « NOW OPEN Xenia WatchRepair Shop Watch and Clock Repairing 28 W. Market St. HARRY H. MOGLE Xenia Watchmaker Telephone 2260 IIS. 26 THROUGH SEPT. 1 COLUMBUS There’s plenty to interest ev e ry member of ev e ry family at this gigantic dis­ play of the Buckeye State’s best In agriculture, indus­ try, arts and science. See the Parade of Bands and the Baton Twirling Contest. Attend the spec­ tacular night horse show, th e a fte r n o o n h a r n e ss races. See all the Junior Fair exhibits and activities. Enjoy the fun, color and thrills of the giant midway. Hear Dr. George W. Crane; noted p sychologist, at a non-denom inational Sun­ day morning service. ONE FULL WEEK Saturday—Veterans' and Armed Forces* Day, Junior Fair Day Sunday*—Press Day Monday—-Safety Day . Tuesday—County Commis­ sioners1,and Trustees* , Day Wednesday—Director of J Agriculture Day “ Thursday—Governor’s Day Friday—Flying Farmers’ Day \ >i, AUGUST 20-24 LONDON, OHIO 5 , BIG DAYS m GLORIOUS NIGHTS O Sunday Afternoon and Night, Aug. 20 WRFD RADIO SHOW Monday Night, Aug. 21 Rofroff’s Broadway Seandals . Tuesday Night, Aug. 28 Joie Chitwood’s Thrill Show Wednesday Night, Aug. 23 WLW TELEVISION SHOW Thursday Night, Aug. 24 All-Star Wrestling Program HARNESS RACING * 2?lioto l ?in!slt PABT-MUTIJEI, WAGERING \ % v //'r /A % V 4 v i , ’v M Buy Chevrolet trucks with Loadmaster engine offer more net horsepower —proved: by certified ratings on engines used as standard equip­ ment in conventional models of the five most popular makes, 13,000 to 16,000 lbs. G.V.W. 'Better ^^O pem t/of? Chevrolet offers Valve-in-Head en­ g ine—rugged d e p e n d a b ility , economy, quality. Chevrolet cuts maintenance costs—makes real reductions in operating expenses. ^ ^ \B e tte r Be?a/e Chevrolet trucl* have led in sales for eight consecutive produclton years—proof of owner satisfaction which makes Chevrolet’s resale value traditionally higher. 'V* a XM v Mon., Aug. 21: Tues., Aug. 22; Wed., Aug. 23: Thurs.. Aug. 24. Young s Cadillac Storting Gate. Stewart Anderson, fciupt. of Speed. w in < 3 ? f a t*W in P£//S-Chevra/etdafyanca - Design • f c s f / e a t e e r / TW O GREAT VALVE-IN-HEAD ENGINES • THE NEW POWER-JET CARBURETOR • DIAPHRAGM SPRING CLUTCH •* SYNCHRO-MESH TRANSMISSIONS • HYPOID REAR AXLES • DOUBLE-ARTICULATED BRAKES • ADVANCE - DESIGN STYLING * BALL-TYPE STEERING ^ .%/*« SUMMINGS Ccdarvili©*Ohio MiM . to ..'j • -vi