The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-11-28

its operation OF the, road. in the fol-
lowing particulars:
after purchase on a timely tender, thv
! city must restore the property Tree anu
clear oI any Liabilities ana pay IhteL
| est at rate OF six per cent per annuh
| from the date OF purchase on any un-
| paid purchase prlce, deducung from
this amount any interest heretofore
paid by IT,
III the restoration should take place
while the city was In possession before
! purchase, the property must be restor,
! ed free and clear from any ana al
| liza utilities placed on the property from
the date of the company's deferred
tender OF title, together with like In
terest from the same date.
II City Defaults.
II the city should default: that Is. II
II should not pay the principal or In
! teresty OF any mortgage assumed " IL,
the property IL TO be taken tfrorf IL
and this grant EXTENDED one tndIone (
half days tor every day that the city
was In possession.
H. after getting into possession be-
cause or the companys tallure 10 MAKE
timely tender OF title, IT should re-
fuse. on tender being made. 10 buy or
give up possession. tnis grant In 10 be
| extended one and one-nalI days for
| every day that the city was In posses
sion after the company made the de-
| ferred tender Of title.
| While this ordinance IL TO be secur-
| ity for the cttys promptly meeting It's
obligations under the terms OF pur-
chase and 10 TO continue while any OF
the purchase price remains unpaid up
| to Dec. 4. 1924. II WILL without further
word or deed. Immediately terminate
| II the company should default on Its
part OF the bargain, or IL the company
| should fail to pay It's part OF any blan-
| ket mortgage This Is done so that on
a foreclosure sale the buyer would be
compelled TO take the property with
! out d franchise.
| The company must file a bond in the
sum OF one million dollars, which will
| be forfeited TO the city II 1t refuses TO
\ give the city possession of it's property
when IL has failed TO make tender of
! title at the end OF the year given II TO
| do So or IL the city's possession Is lost
! on account OF the company's failure TO
| In addition TO this. il at the end of
| the year the company has failed to
make tender OF title and the city IL
| prevented from going into possession,
| for each day that IL Is prevented from
| possessing itself OF the property, II Is
| 10 collect the sum Of Ave thousand dol
/ lars, and demand once made for the
| possession OF the property will be all
| that Is necessary. The penalty may be
| collected weekly.
These provisions in themselves are
| sufficient to ensure title to the city
| from the company, but have the
! written assurance OF a. q. DUPONT.
| who. for the purpose OF giving the as
surance, made an Investigation OF the
| company's property and books, that
the value Of the property outside of
! the present limits OF the city OF De-
| troit is such as to make the warranty
! OF the Detroit United Railway as the
| owner OF this property. both inside
| AMI outside OF the city guarantee
of free and clear title to the city.
Sec. IL makes the right to purchase
1 aNx1 h. anIl Ian te1er
rights; that is: one or more notices OF
| intention to buy on the 'city's part
| shall not exhaust it's right to buy. II
by Dec. 4, 1924, the city has not pur-
| chased the property and the company
| should be permitted by, the city to
! continue operating I'm the streets OF
! Detroit. the right TO purchase will con-
| tinue long the company con-
| tinues to operate.
| Sec 13 recites that this right to pur-
! chase and agreement TO sell is not to
give the city any present interest in
Sec IL Hereafter the pavements
| and foundations are to be constructed
and maintained by the city Those that
are now In existence were built by the
company. In the event OF the city
| purchasing this property. the company
| is to he reimbursed for the investment
made in this part OF it's property.
Sections 10 and Is provide for the
means of valuing those investments now
so that any future work on the city's
par. will not. i'm the event OF pur-
chase. he intermingled with the work
heretofore done by the company.
Sec Il. Under the Detroit Railway
ordinance any extensions made i'm
paved streets are to be made wholly
at the expense OF the company II
| streets the city is to lay the founda-
| tions These provisions remain un-
| changed. and this section provides that
in the event Of purchase the city may
4 g1ly hos Inv. Nssf arf NraT af
| Sec 10 is the ordinary section in
every ordinance providing for curves.
loops and switches
| Sec 10 provides for the interurban
cars entering the city until Dec. 4,
| 1894 IL in the meantime the city should
| purchase The passenger cars on
rea aching the city limits will be man
| ned by city crews. The fares inside
the city will be collected by these city
officers and the company will he paid
i two and one-half cents per car mile
| for the use of Its car.
| The express cars Will likewise he
| permitted TO enter the city hut there
| will be no change OF crews. The COM
| pany's men will remain on the car and
and pay TO the city fifteen cents per
car mile for the use OF the city's
| tracks
sec. 20 is continuing agreement
/ Will the city covering tho question Of
tire separation Of grades and embodies
! herein the identical provision taken
| from the general contract made In the
yea: 1908 IN the event OF the city
( buying the property any work done
\ by the company is To be paid for by
/ the city at the cost OF the work.
/ Sec - provides that all work In tho
| streets is 10 be done under the super
vision OF the department OF public
| works.
The Taxation Clause.
| Sec 22 is repetition Of the tax
alton clause In the Detroit Railway
ordinance. which provides that this
| grant or the rights given by 10. be-
cause held to be valueless between the
city and the company and subject TO
\ rev location on six months notice. shall
not be taxed. but that all physical
property OF tho company shall be taxed
as Is the physical property OF an in
! dividual.
| Sec 20 requires the company In the
| year 1912 TO complete the additions
/ aGreed upon In the spring Of 1911. and
/ 70 build A north and south line I'm the
western part OF the city and a line
across the city in the. neighborhood OF
/ Bagg street. and 10 extend the Ker-
| cheval avenue line easterly 20 the 50.
leah road Thereafter. that H.. after
| the wear 1912 the company IL 20 build
| on demand OF the city an average Of