The Detroit times., 1911-06-21

Nays-None.
Streets.
To the Honorable the Common Council;
Gentlemen-Your c o m m :ee on
Streets. TO whom was referred "ctttions
OF Leonard Scholl a Sons foi perhis-
sion TO construct two covered areas In
alley In rear OF 203 Michigan avenue
ano OF Detroit Free Press for permit
sion TO construct covered area with
stairways In front OF new building on
south side Lafayette boulevard. De
tween Griswold and Shelby streets, re-
spectfully report that we have had the
same under consideration. and seeing
no objection thereto. recommend the
adoption OF the following resolutions
Respectfully submitted.
JOSEPH l.. THElSEN,
THOS. r Gilman.
JOHN HARPER.
j. II. MERRITT.
~ j. MASON,
ID. ROSENTHAL,
MARTIN j. OSTROWSkI.
Accepted. and on leave. the follow
ing resolutions were offered;
BY Aid. Theisen;
Resolved. That the Department. OF
Public Works he and Is hereby author
lied and directed TO issue a permit 10
Leonard Scholl a. Sons to CONSTRUCT
two covered areas In alley In rear OF
20S Michigan avenue. provided the
plans are approved by the Department
OF Public Buildings;
Provided. That said work shall be
performed under the supervision OF the
Department OF Public Works. and Ia
accordance with plans submitted 10
and approved by said department.:
Provided That no rights in the pub.
lie streets shall be considered wafved
by this permission, which Is granted
expressly on the condition that said
areas and all distractions In connec-
tion Herewith shall be removed at
any time when so directed by the Com
mon Council; and further
Provided. That said permit Issued by
the Department OF Public Works Is
granted with the distinct understand
ing that In the event OF the Charter
being amended In such manner as VIII
fee TO be hereafter determined upon,
.or the occupancy oe public property.
that the grantee will pay said fee pro-
vided for In said act. and that said
grantee does hereby bind himself
thereunto and accept said permit on
the conditions hereby imposed.
Adopted as follows:
Yees-Ald. Allan. Brozo. Burton. Del
Gsl Ellis Field f Hr1 Gilman Gilman
Keusch koenig. Knapp. Littleneld.
Lodge. Lynch. Mason. Merritt. oBrien.
ostrowski. owen. Rosenthal Schultz,
S Wdi.n he,sen , hom na M Prss
dent-33.
Nays-None
BY Aid. Theisen:
Resolved. That the Department OF
Public Works be and IL hereby author
ized and directed to issue a permit to
Detroit Free Press Co to construct COW
cred area with two stairways In front
OF building south side Lafayette. be-
tween Griswold and Shelby streets,
provided the plans are approved by the
Department OF Public Buildings. and
Provided. That said work shall be
performed under the supervision OF the
fO..n Dahl To In
accordance with pia'ts submitted TO and
approved by said Department: and
- Provide. fhathe-ftght hts IN the pub
Ito streets shall be considered waived
by this permission. which Is granted
expressly on the condition that said
covered areaway and all distractions
In connection Herewith shall be removed
at any time when so directed by the
Common Council: and further
Provided. That said permit issued by
the Department OF Public Works Is
granted with the distinct understand
ing that in the event of the Charter
provide for the levying OF an annual
Zee to be hereafter determined upon
for the occupancy OF public property.
that the grantee will pay said Zee pro-
grantee does hereby bind himself there
unto and accept said permit on the con-
ditions hereby imposed sfe-
Adopted as follows:
mel Ellis Field. Garxey, Gilman.
Grindley. HARPER. Hindle. Heating.
Lodge. Lynch. Mason. Merritt. o'Brisn.
ssrzTsk TSe gsai Thompsdn e Tossy
Walsh. Watson. Zoeiier and the Presi-
dent-33.
Nays-None
FROM THE SAME.
To the Honorable the Common Council:
Gentlemen Your Committee on
Streets, to whom was referred petition
OF n ". Fairchild for refund or assess
on West Grand boulevard, respectfully
report We have had the matter under
consideration and find that petitioner
seeks TO have refunded the sum ex-
pended for constructing a sidewalk on
West Grand boulevard, between Wre-
ford avenue and Cobb place: That We
submitted the matter to the Corpor-
alton Counsel and by him are Informed
that at the time said sidewalk was
constructed by petitioner II was
thought by the City authorities that 1t
was the duty OF petitioner to construct
said walk and he was directed to. and
did build II. but since that time the
Supreme Court In the case of Scovel vs..
City OF Detroit held that the property
In Scovefs sub. was not liable TO be
assessed; that this was so held because
OF the conditions Mr. Scovel placed In
his deed, OF the right-of-way for the
Boulevard through his property, and
that in said case a direct attack was
made against an assessment roll Tor
the cost and expense OF building the
sidewalks; that In the case petitioner
presents the sidewalk was voluntarily
built and he paid the cost and that un-
der those circumstances he Is not en-
titled TO have the money 80 paid by
him for the construction OF said walk
refunded. In view OF said opinion your
Committee recommend that the prayer
OF petitioner be denied.
Respectfully submitted.
JOSEPH L. THEISEN,
THOS E Gilman,
JOHN HARPER
D. ROSENTHAL,
j. F. MERRITT,