The Detroit times., 1911-02-22

forever indemnify and save haru-
Guiding land and business damages.
Judgments. DEGREES. costs and ex-
penses which IL may suffer. or
which may be required OF obtained
against said City. for or Dy reason
from the passage or this ordi-
nance, or any matter or thing con-
nected Herewith. or with the ex.
ercise. by the said Company, OF the
privileges. or any of them. herein
granted. or for any act OF acts Of
said Company under or by virtue
CT the provisions OF this ordinance.
Provided, however, that the giving
Of said bond or the recovery OF =
Judgment or Judgments thereon by
considered as measuring or limit
ing the liability or said Company
TO said City under any provision
OF this ordinance. except 10 the ex-
tent OF such recovery OF recover
section shall be fled with the city
Clerk within six co months from
the passage OF this ordinance.
Sec. II. In consideration OF
this ordnance. II Is required OF
sad eo siIty scS dSys after sns
Commissioners OF Railroads shall
have approved the route In respect
10 such parts thereof as are within
his jurisdiction, such corporation,
franchises which II shall have been
unable TO secure by negotiation
and agreement. for the purpose OF
it's incorporation under this ordi-
nance. shall file it's petition IN
court. for the purpose OF having
sity OF taking such property, real
estate and franchises decided. and
for the assessment OF damages
therefor. and shall press the pro-
ceedings with all reasonable speed
10 a conclusion.
Sec. Is. In consideration of no.
lice and IRE protection, and In lieu
OF local taxes. the said Subj Rail
road Company shall pay TO the City
Treasurer. on or before the hrst
day of August In each year. one
ings from operations OF said rail-
road for the twelve months end
ing with the thirtieth day OF June
prior. as determined by the state
Railroad Commissioned and Au-
urer shall have the right to ex-
anime the books OF said Sub-Rail-
road Company to ascertain and
certify TO the amount Of said earn
ings But the aforesaid gross
bsb e. ds9% r. % Be- S Spps
shall not include tho amount paid
to said railroad company by othcr
railroads for its use In respect OF
their through traffic exclusively.
And In the. event OF a failure py
the railroad and City Treasurer 10
agree upon these amounts In ex-
empticn. then the State Railroad
Commissioner may decide In be-
half Of the City and the railroad.
The rate OF compensation herein
o..
the term Of fifteen years from and
after the date OF the first paynenr:
After the expiration OF said period
the said compensation shall be re-
adjusted for a further term OF NJ
teen tlSl years to begin at the en,
readjustment shall take place at
the end Of every fifteen (1b) years
thereafter, until the maximum rate
OF three per cent 2q) shall be
reached. No .readjusted percent
age shall realize less sum OF
money than the amount OF compen-
sation for each year of the precei-
Ing period. In case the SUBJ Rail-
road Company and the Common
Council. shall not agree upon the
s ss;nn S. on eompsn
shall be determined by arbitration.
one arbitrator to be chosen by the
Common Council. one by the Rail-
road Company, and these two TO
choose a third arbitrator each of
whom shall take oath TO fairly and
truly perform his duties In the
premises and render decisions fair
iy and impartially on the merits Of
of the matter. The agreement 80
rsachsd By two arbttrstcrs will ee
said Railroad; Provided that, IL by
any change In the construction Or
laws OF this State. the Railroad
should hereafter be required to pay
local taxes. then the Sub Railroad
percentage herein stipulated with
The amount OF local taxes It may
be so required to pay. The permits
sion and authority hereby given
and granted are SO given and
granted upon the further express
successors and assigns. shall not
at any time charge to exceed the
sum OF $500 per car for each and
every car hauled over said road
from. any point within the City.
Provided, That TIE Common Coun-
ell reserves the right to reduce
such maximum charge whenever in
Its judgment the same should he
done.
Sec ls. The terms and condl-
come effective when accepted In
writing within thirty t30l days
from the date hereof. by the De-
troit Central Sub Railway Conn
rany. a corporation to be organized
under the laws Of this State, by
rociates. and the purpose OF car
rying out the UNDERTAKINGS. and
the terms and conditions hereof
shall pass to and be binding upon
said corporation, Its successors or
assigns.
Referred. to Committee on Fran
FROM THE SAME.
IN. Charles Nichols,
City Clerk.
ayne Delegation held February 18th.
Il, the enclosed resolution was
opted to be submitted to the Com
IN Council.
Respectfully yours,
JAMES u. JEROME,
Secretary Wayne Delegation.
AT meeting OF the Wayne delega-
n In the house of representatives.
ID on the 14th day OF February. A ID.
II. the following resolution was
animously adopted.
Resolved. That IL IL the sense OF the
that the City Council pro-
ID in the way indicated by the Su-
sme Court In It's recent decision and
ng about a general revision OF the
troit Charter.
JOHN STEVENSON.
Chairman,
Wayne Delegation.
JAMES ID. JEROME.
Secretary,
Wayne Delegation.
Referred TO Committee on Charter
q City Legislation.
FROM THE SAME.
q. Geo. A. owen:
| hereby tender my resignation as a
'moer OF the Board OF Registration OF
, Ninth District. First Ward.
Yours truly,
FRED ]. KENDALL
30 Euclid avenue east.
Aid. Merritt entered and took his
n.
as follows:
Yeas--Ald Allan, Brozo, Burton,
imel. Ellis, Field. Gilman, Grindley.