The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-11-29
COMMON COUNCIL



east curb line OF Artillery avenue
TO the east curb line OF Home
~ street. III the city purchase said
III railway property the purchase
II price shall without Interest In
II clude the actual cost OF labor and
ID material for said work. plus ten
lb per cent for the use OF tools and
IL equipment. Said cost shall be au-
II dited and approved by the city as
Is the work progresses.
Sec. 20. The grantee shall pro-
vide. upon streets TO be designated
3 by the Common Council. street
car facilities 20 and from the new
Michigan Central depot,
Sec. IS. All claims In dispute
between the parties. including the
3 rental charge on the Fort Wayne
system-the- disputed ad =yalorem
taxes for the year 1910 and 1911,
and the dispute arising over the
z condition OF the foundations OF
consideration OF this agreement,
- cancelled, relinuuished and dis
ii charged All litigation between
l. said parties shall be forthwith
II shall within ninety days, and IL Is
Is hereby made a part or It's obll-
ID cation under this agreement, OBJ
II tain dlscontinuance or the suit
IS instituted by the GUARANTY ITus,
20 the City OF Detroit and other de-
~ PENDANTS
Sec. 81. The grantee shall have
no property right IN foundations
and pavements hereafter con
structed at the city's expense be-
8 You'd. that herein expressly stated
Sec. 20. II the city acquire said
railway property In any manner
other than as herein provided no
value shall be placed on this
grant. but the grantee shall be
entitled to the value OF any exist
ing and previously obtained grant
To the same extent as III this grant
Sec 30. The powers and duties
OF any city board or officer here
Z under shall be exercised by any
board or officer substituted by
z law for those herein designated
or substituted by law for the exer-
7 else OF such powers and duties.
Sec. 30 The property rights,
privileges and franchises hereby
conferred upon grantee shall
inure to the benefit OF grantee,
it's successors or assigns. and all
Obligations hereby imposed upon
or assumed by grantee shall re-
main obligations imposed upon
or assumed by grantee. It's sue
10 cessors or assigns.
Sec. 81 No right hereby re-
served TO or acquired by the city
shan fan by reason Of present
disability OF the city to reserve
or acquire said right " said dis
ability he hereafter removed,
See s..c approval
: hereof either party hereto may
record this ordinance.
Sec 80. Any violation OF or
. failure 10 comply with the re-
quirements OF this ordinance
! shall upon conviction be punish
3 ell hy a fine not TO exceed three
8 hundred dollars and costs. and
said fine. when imposed may be
recovered in an action at law in
the proper court.
Sec 80 This agreement is in
2 Invisible and, ~ any portion OF II
? be iudiCially declared void. the
whole agreement shall fall and
tine parties hereto, without re-
8 course. however. against each
Z other for any loss sustained or
eNDo nditure made hereunder.
% shall be restored as near as may
10 he ~ their condition before this
Il agreement was made.
See. 80 This ordinance shall
take effect thirty days after its
approval by referendum vote
II the grantee shall within ten
3 days after said approval file with
the City Clerk Its written ac-
ceptancc hereof and deliver To
3 said City Controller good and
Q sufficient bond TO the city in the
10 sum OF one hundred thousand
II dollars. To be approved 10y the
10 Common Council. and conditioned
is for ,he faithful performance OF
"a the terms and conditions hereof.