The Detroit times., 1911-12-20

keep harmless the City OF Detroit from
any and all costs. DANA Bcs OF expense
OF any kind whatsoever which may be-
suffered by the city OF Detroit on which
it may be put To or which may accrue
from said city from or by reason Of
the granting or permission TO construct
said spur track or from OF by any
reason or any acts or things done under
or by authority or perml ssion herein
granted. Said bond shall be kept In
force throughout the life OF this per
init. and shall, III necessary. be renewed
whenever so directed by resolution OF
the Common Council. Said grantee
hereinbefore mentioned and TO whom
said permit Is granted, shall also sub
NIT TO and file with the Department OF
Public Works, detailed plans and speci-
heations OF the proposed spur or side
track which said plans and specifica-
tions are TO be approved by said de-
partment, and further provided that all
OF said work shall be done under the
supervision OF said last mentioned de-
Provided. further That said grantee
hles with the City Clerk within rs day \
an an rag aigreemsnt s.I 6d In ,writing waving
accrue 10 said grantee or assigns by
reason OF the separation OF grades. on
agreement Is approved by the Cor
poration Counsel as being Correct I'm
form and execution and accepted by the
Common Council
Provided. That said grantee nles
with the city Clerk within 10 days OF
the date of the approval hereof, an
agreement agreeing 10 plank the road
way between the sidetracks and for a
distance or Is inches outside thereof.
covering the stdetracks for which this
permission Is granted. and MAINTAIN
same and forever hereafter keep same
IN good repair to the entire satisfac-
ton OF the Department OF Public
Works. during the life OF the permit
granted TO said grantee by said De-
partment; that the necessity OF all re-
pairing, planking and replanking OF
the space between the said tracks and
alongside thereof. or repairing. paving
or repaving OF said street between the
tracks and for distance OF is inches
outside thereof, should same be ordered
paved at some future time by the De-
partment OF Public Works TO be deter
mined by said Department. and that
In the event OF said grantee refusing
to comply with the Instructions OF
said Department to repair. pave. re-
pave or resurface the planking or
pavement between the tracks and Is
inches outside thereof. within 10 days
OF the date OF the mailing or a notice
TO that effect, the Department OF Pub
lie Works shall cause said work to
be a proper charge against said gran
tee, collectable In any court OF COM
petent Jurisdiction.
Adopted as follows:
Field, Garvey Gilman. Grindley. Harp
fer. Hindle. Keusch Koenig, Knapp, Lit
uefield. Lodge. Lynch. McCarty, Mason,
Merritt, O,Brien. Ostrowski. owen, Ros-
TSo@pso fqsna seRps fossT vs1naT Walsh Mt
son. Zoeller, and the President-33.
Nays-None.
Provided, That said grantee files
with the City Clerk within 15 days of
the date OF the approval hereof. an
agreement agreeing TO plank the road
way between the sidetracks and for a
distance OF is inches outside thereof,
covering the sidetracks for which this
permi ssion Is granted, and maintain
same and forever hereafter keep same
in good repair to the entire satisfaction
OF the Department of Public Works,
during the life of the permit granted to
said grantee by said Department: that
and replanking OF the space be-
tween the said tracks and along
side thereof, or repairing, paving
or repaving of said street between the
tracks and for "A distance OF lS inches
outside thereof should same be or
dered paved at some future time by the
Department OF Public Works, TO be de-
termined by said Department., and That
in the event OF said grantee refusing
TO comply with the instructions OF
said Department TO repair, pave. re-
pave or resurface the planking or
pavement between the tracks and is
1nCne6 OUTSIDE tnefeOI WltnlOB ~
days OF the date OF the mailing OF a
notice to that effect, the Department
OF Public Works shall cause said work
10 be done and the expense thereof
shall be proper charge against said
grantee, collectable In any court OF
competent Jurisdiction.
BY Aid. Theisen:
Resolved, That subject to the condi-
tons, provisions. restrictions and limtta-
tions contained In an ordinance entitled
In nr1f m he
struction, maintenance and operation or
sidetracks and spurtracks upon and across
any public street or highway In the
City OF Detroit. approved February 49,.
1902" consent and permission and au-
thority be and the same Is hereby given
and granted TO NJ: Mitshkun Company to
construct. maintain and operate a side
track across Waterman avenue In accord
ance with the map and survey thereof
on file I'm the Office of the Commissioner
OF Public Works; provided that no work
Is 10 be done on the construction OF said
SPUR track by the above mentioned
grantee until said grantee shall file with
the City Clerk good and sufficient
surety bond I'm the sum OF 100000 to
indemnify. save and keep harmless the
City of Detroit, from any and all costs.
damages or expenses OF any kind what
sCever which may be suffered by the
City OF Detroit or which II may be put
TO or which may accrue against by charg-
ing to or recovering from said city from
or by reason OF the granting OF permis-
sion to construct said spur track or from
or by reason of any acts or things done
under or by authority or permission here
in granted. Said bond shall be kept In
force throughout the life OF this permit
and shall II necessary, be renewed when
ever so directed by resolution of the Com
mon Council Said grantee hereinbefore
mentioned and to whom said permit is
granted shall also submit to and file with
the Department Of Public Works, detailed
plans and specifications of the proposed
spur or sidetrack which said plans and
specifications are To be approved by said
department and further provided that all
OF said work shall be done under the
supervision OF said last mentioned depart
ment
Provided, Further That said grantee
files with the City Clerk within 10 DAYS
an agreement I'm writing. waving there
in all damages that may result or accrue
- said grantee or assigns, by reason OF
the separation or grades. on account of
said sidetrack; and said agreement Is ap-
proved by the Corporation Counsel as be-
ing correct i'm form and execution and
accepted by the Common Council
Adopted as follows:
Yeas-Ald. Allan. Brozo. Burton Ellis.
Field, Garvey, Gilman, Grindley, Harp
fer, Hndle, Keusch. Koenig. Knapp Lit
tleheld. Lodge, Lynch. McCarty, Mason.
Merritt, OBrien, Ostrowski. Owen, Ros-
enthal, schultz Skrzycki. Thelsen,
son. Zoeller. and the Presldent.--S3
Nays-None.
BY Aid. Theisen
Resolved. That subject to the condi-
tions. provisions. restrictions and linn
itations. contained In an ordinance en-
titled: An Ordinance TO provide Tor
the construction, maintenance and
operation OF sidetracks and splirtraCl<s 4