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JULY 15, 195a - - PAGE 4
<br />The Solicitor advised that we cannot discriminate against arty particular
<br />vendor; in other words, legislation must be regulatory rather than pro-
<br />hibitory in order to prevent a nuisance. Apparently, this ordinance would
<br />prohibit everything; whereas, actually it governs those who were not invited
<br />on the premises by the owner. For example, a, preliminary phone call would
<br />enable a vendor to make a visit but going "door to door" without invitation
<br />would be prohibited, inasmuch as no particular route would have been es-
<br />tablished.
<br />It was moved by Mr. O'Neill, seconded by Mrs. Lynch, that the statutory rules
<br />be suspended and Ordinance 2723 be read immediately the second and third
<br />times and put on its passage and the affirmative vote thereon was as
<br />follows: Hinkel, Hixson, Kramer, Lynch, MacDonald, O'Neill, lrlilson.
<br />Thereupon, the ordinance was read the second and third times and put or:
<br />its passage and the affirmative vote thereon was as follows: Hinkel, Hixson,
<br />Kramer, Lynch, MacDonald, O'Neill., Wilson.
<br />The Clerk read a communication from Floyd Browne & Associates in reply to
<br />a letter sent by the Solicitor relative to the location of lateral and
<br />trunk line sewers. Mr. Kuhn appeared before Council to further clarify the
<br />statements contained in their letter. He advised that it is their intention
<br />that the roads be restored to their original condition, insofar as is
<br />possible. He advised that on many streets there is practically no place to
<br />put the sewer except in the center of the street due to the underground
<br />utilities, unless more "right-of-way" would he obtained. Actually, it is
<br />their intention to review every street with 'the Committee and Council prior
<br />to any decisions and it would be entirely to their discretion as to whether
<br />or not the various roads will be cut, where necessary, or additional "right-wf-
<br />way" acquired. In connection with Lorain Ro,~,d, he does not believe that
<br />any problem will be encountered.
<br />The Solicitor requested Mr. Kuhn to advise as to what provisiar~s were being
<br />made to cover the .use of dynamite. Mr. Kuhn replied that in going into shale
<br />it will be necessary to resort to the use of an explosive, in order to conserve
<br />money and that all information as to specifications, amount of powder in
<br />seismograph ratings etc. will be f~.zrnished for insurance purposes in order
<br />to afford the City ample protection insofar as specifications are concerned.
<br />Contractors are naturally required to furnish necessary insurance coverage;
<br />and, usually, they go one step further and call the local insurance agents
<br />together and then work out a program which meets with their approval.. Some-
<br />times insurance investigations are even made before hand, in order to check
<br />prevailing conditions of areas to be involved. in blasting.
<br />The Solicitor then stated that the contractor's insurance should also protect
<br />the City authorizing the use of explosives. Mr. Kuhn then advised that Mr.
<br />Oviatt will be requested to check the specifications etc. in order to determine
<br />that all the protection necessary is contained therein.
<br />Nir. Hinkel advised that he already requested. Mr. Kuhn to furnish specifica-
<br />tions used in dynamiting and that he has readily agreed to furnish them and
<br />perhaps at that time they could be presented. to Council..
<br />Upon request from the President of Council., Mr. Kuhn advised that the field.
<br />crews should be finished within a few weeks and he will then request the
<br />Service Director to set-up a meeting and each of the streets can then be
<br />reviewed.
<br />Resolution No. 2724 was introduced by Mr. Hi.nkel. A resolution to amend
<br />Section 1 of Resolution No. 2714 determining to submit to the electors the
<br />question of issuing bonds for construction of a municipal sanitary sewerage
<br />system. It was moved by Mr. Hinkel, seconded by Mr. MacDonald, that the
<br />statutory rules be suspended and the se~olution be read immediately the
<br />second and. third times and put on its passage and the affirmative vote
<br />thereon was as follows: Hinkel, Hixson, Kr~:rner, Lynch, O'Neill, Wilson.N?.~.c.Dc:~~.fl
<br />Thereupon the resolution was read the second and third times and pu.t n
<br />its passage and the affirmative vote thereon was as follows: Hinkel, HixscFn,
<br />Kramer, Lynch, O'Neill, Wilson, N`acUOn<cld.
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