Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1872-08-13
MUNICIPAL.
Proceedings of an Adjourned Meet.
lug of the Common Councff ana
Board of Aldermen.
BOARD OF ALDERMEN.

John Johnson. Mayor. Messrs. President Dent
Walsh, Mallon. MAlatesta, Cicalla, Burkean
White, Aldermen.
When the President took his seat, called tn
members present TO order, and had the roll q
Aldermen called, thereupon the recorded min
utes of the proceedings of the Board of Jul
! 81, 1872, were read and. on motion, adopted.
MONTHLY REPORTS OF CITY OFFICERS.
Monthly reports from the following city off
GERS, say for uly, 1872, were respectively real
and received. to-wit: City Comptroller, Git
Treasurer, City Tax Collector, wharfmaster
Marketmasters North and South Markets.
City Hospital Physician City and Marinel
City Engineer General and WARD. Chief 0
Fire Department, City Recorder, Chief Of 20
lice, City Lamp Cleaner, City Inspector AM
City Lumber Inspector.
For particulars, reference is made to tn
published proceedings of The Common Council
| where the foregoing named reports will b.
| found published at length.
REPORTS OF STANDING COMMITTEES.
The report of the Committee on Account
was read, received and adopted. See pub
| lished proceedings of Common Council OF TIM
date for particulars.
COMMUNICATIONS.
Upon a communication from His Honor
| Mayor johnson, accompanied by a contract
| between the city and the Street Railroad Com
| pany Referred by the Board of Aldermen 70
| their Special Committee-Aldermen BURKE,
Mallon and Malatesta-August s, 1872, which
action was nOn-concurred in by the Common
Council, and, on motion, they 1.-THE common
CounciD authorized the Mayor to sign the CON
tract in the form herewith presented. On
return Of the papers TO the Board of Alder
men for further action, they refused 10 recon
slider, persisting in their first action--a refer
ence to their Special Committee, named above.
Upon the communication Council reconsid-
cred their action, and, on motion, referred the
matter 70 their Special Committee of five,
viz: Councilmen A ] White, Steinkuhl, Hew-
lit. Genette and Sullivan.
Gentlemen Of the General Council:
/ herewith submit a contract between the
city and the Memphis City Railway Company,
and ask that you authorize me TO sign it on be-
half of the city.
The contract was agreed upon by the repre-
sentatiyes of the Railway Company. the FL
nance Committee of the two Boards, the Mayor
and City Attorney, and is believed TO be for
the interest Of the city and the company, as il
settles questions that have long been in dis
pute and also lawsuit that has been pending
~ '' JOHN JOHNSON, Mayor.
Referred TO Special Committee by Board of
Aldermen, August s. 1872. Board OF Alder
mems Committee, Aldermen Burke, Mallon
and Malatesta.
Council concurred in the action of the Board
to authorize the Mayor to sign the contract.
Action Of Council non-coneurred in by
Board, and referred back to Council recon-
mending its reference to a special committee.
Council concurred in Board of Aldermen ac-
ton with reference to a committee of four:
A White, Steinkuhl, HeWett, Smith and
Sullivan.
IN DUPLICATE.
This contract, made this. the. 18th day of
July, 1872. by and between the Memphis City
Railroad Company and the city Of Memphis,
witnesses:
First. That the parties have settled and adj
justed. upon terms satisfactory to each. the
matters of controversy involved in the bill and
erossbill now pending in the Second Chancery
Court Of Shelby county, n X u 3637, AID that
the same shall forthwith be dismissed; and the
Memphis City Railroad Company hereby
agrees to pay the costs that have accrued in
said suit:
Company hereby releases and discharges the
city Of Memphis from all damages and claims
Of every kind growing out of the tearing up
and removing, under the instructions of the
city. of the Railroad Company railway-traek
from Jefferson street and Charleston avenue.
in the year 1871. and also from all damages
and claims Of every kind of the Railroad Com
pany against the city for the use. destruction
or loss Of materials belonging to the Railroad
Company.
Third The city Of Memphis hereby releases
and discharges the Memphis City Railroad
Company from all damages and claims of eY-
cry kind growing out of the suit before men
toned, and the injunction sued out therein.
and the Memphis City Railroad Company
hereby releases and discharges the city Of
Memphis from all damages and claims Of every
kind growing out of said suit:
Fourth. The. city of Memphis and the Mem
phis City Railroad Company having each paid
the sum Of i've thousand dollars for adj listing
the track Of the railway of the Railroad Com
paDy to the Nicolson pavement after 1t was
laid on Main street, as more fully appears by
a contract entered into on the 18th day Of De-
tober. 1857, between the contractors for laying
the paYem ent, the city and the Railroad Com
pany, TO which reference is now here made;
and the city, in addition thereto, having paid
aff ~
thirty dollars for adjusting the track Of the
railway Of the Railroad Company to the Mic !
olson pavement after it was laid on Poplar and |
Beal streets, each Of the said parties hereby
fully releases and discharges the other from all
and every claim for or on account Of the above |
sums so paid, or any or either Of them, or any
part thereof, and agrees that the said pay |
ments shall respectively be taken and consid- |
cred as If properly made by the party who has
made them.
Fifth. The parties hereto hereby mutually |
agree 10 modify the contract made between 1
them on the 18th day of February, 1866. 10 4
For the privilege Of running its cars on the 4
streets Of the city under and in accordance |
with its charter. the Memphis City Railroad /
Company shall pay 10 the city annually, in /
advance, the time commencing on the 10Th day
Of May, 1872. twenty-five dollars for each car /
used and run regularly within the city By the /
Railroad Company, and the said sum shall be /
in lieu Of privilege tax for the running Of the /
cars oil the hallfOaQ updDy within the CITY,
which privilege tax the city hereby agrees and /
binds itself not TO charge or levy, and 50 much |
Of the contract aforesaid as requires the pay
ment of one hundred dollars for each car used /
by the Railroad Company per annum, is here
BY rescinded and declared OF no effect.
But nothing herein contained shall exempt /
the property Of the Memphis City Railroad \
Company fran taxation ad yalorem BY the /
city, and all property owned by the company, |
and taxable by law. shall be subject 20 the 1
same rate Of taxation as the property Of citi-
Eens Of similar character is or may be. and 4
the said Railroad Company fhall pay taxes on /
IL accordingly.
And ali tracks Of the Railroad Company 4
shall be laid in accordance with the grades Of
the streets, as now or as may hereafter be e.
tablished, and the Railroad Company shall /
obtain the grades Of the streets on which IL
has laid or may lay tracks from the City En- /
gineer and the city shall have and hereby re-
serves the right to change or alter the grades I
Of its streets, OF any Of them, or any part of
any Of them whenever 1t sees ct TO do so; and
shall not be liable 20 the Railroad Company /
for damages or losses Oecasioned By such /
changes OF alterations. and where tracks are
now laid down. on any street, which do not \
conform 70 the grades as established. the Mem
phis City Railroad Company shall when re-
quired by the city TO do so, adjust such tracks
20 as to conform to the grade; and whenever
change Of grade Is made BY the city, the Rail-
road Company shall, at IL own cost and ex-
pense. Immediately conform and adjust the I
tracks Of It's rail say to such change Of grader
and the Railroad Company shall in no case
make change or alteration In the grade of q
street or part Of street, and the Railroad
Company shall 80 construct and keep In repair
the tracks Of it, railways that the same shall
not become nuisance, OF impede or interfere
with public travel, and shall. az it own cost
and expense, adjust its tracks to the pave
me1ts that arc now laid down. and also 70
pavements that may hereafter be laid down,
on any Of the streets on which ID has or may
hereafter lay tracks; and the city has and re-
serves the right al any time II sees ht 10 do 20,
70 take up an old pavement. or TO put down a
new one, or make any change or alteration in
a pavement il may deem proper, and shall not
be liable 20 the Railroad Company for any
losses or damage Occasioned thereby: and the
Railroad Company shall keep in good repair
the portions Of the streets enclosed within the