The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-02-22

Judgments. DEGREES. costs ana eA~
w ssnss" p wsi ss ,u %sy Or ss os,s,nS
against said City, for. or oy reason
OF. or growing out Of or renuitins
from the passage or this ordi
nance. or any matter or thIng con-
ercise, by the said Company. OF the
privile ges. or any OF them. herein
granted. or for any act OF acts 81
said Company under or by virtue
81 the provisions OF this ordinances.
Provided. however, that the giving
OF said bond or the recovery OF
Judgment or judgments thereon by
the city OF Detroit shall not be
considered as measuring or limit
ing the Liability OF said Company
TO said City under any provision
OF this ordinance. except 10 the ex-
tent of such recovery or recover
les. The bond required by this
section shall be flled with the City
Clerk within six go months from
the passage OF this ordinance.
Sec. Ia In consideration or
this ordinance, IL is required OF
said Company as follows: That
Commissioners OF Railroads shall
have approved the route In respect
10 such parts thereof as are within
his Jurisdiction. such corporation,
as TO all real estate. property AMI
franchises which IL shall have been
unable To secure by negotiation
and agreement, for the purpose OF
it's incorporation under this ordi-
nance. shall ale Its petition IN
court. for the purpose OF having
the question of the public neces-
7 sity OF taking such property, real
estate and franchises decided, and
for the assessment OF damages
therefor. and shall press the pro-
ceediEgs with all reasonable speed
to n conclusion.
Sec. Is. In consideration of DO
lice and fire protection, and In lieu
OF local taxes, the said Sub Rail-
road Company shall pay TO the city
, Treasurer. on or before the first
day OF August In each year. one
per cent u%) of the gross earn
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
2 Railroad Commissioners and Au-
ditor-General. and the City Treas
urer shall have the right TO ex-
anime the books OF said Sub-Rail-
certify TO the amount OF said earn
ings. But the aforesaid gross
earnings from operations upon
which the percentage Is TO be paid:
shall not Include the amount paid
, TO said railroad company by other
railroads for It's use I'm respect OF
their through traffic exclusively.
And in the event OF a failure Dy
the TallTOh0 ana lily lEtdSuFtI W
agree upon these amounts In cN-
emption. then the state Railroad
Commissioner may decide In De-
half OF the City and the railroad.
The rate of compensation herein
after provided shall continue for
the term or fifteen years from and
after the date OF the first payment.
After the expiration OF said period
the said compensation shall be re-
adjusted for a further term OF ff-
10. af hSa A.
piration of said first term, and sucn
} reimbursement shall take place at
the end of every fifteen l15) years
thereafter, until the maximum rate
OF three per cent (2Fs) shall be
reached. No readjusted percent
age shall realize less sum OF
money than the amount OF compon-
sation for each year OF the precei-
, ing period. In case the Sub-tail-
road Company and the Common
Council shall not agree upon the
readJusted percentage OF compen-
sation, then such compensation
shall be determined by arbitration,
one arbitrator TO be chosen by the
Common Council. one by the Rail-
road Company. and these two 10
choose a third arbitrator, each OF
whom shall take oath TO fairly and
truly perform his duties in the
premises and render decisions fair
~ and impartially on the merits OF
or the matter The agreement so
reached by two arbitrators Will be
binding alike on the City and The
said Railroad; Provided that, IL 10y
5 any change in the construction Or
laws OF this State. the Railroad
5 should hereafter be required to pay
, local taxes. then the SUBJ Railroad
D Company is TO lie credited upon the
percentage herein stipulated with
2 The amount OF local taxes Ii may
be so required to pay The permits
sion and authority hereby given
} and granted are so given ald
: granted upon the further express
condition that said grantee, his
successors and assigns. shall not
NJ 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 the Common Coun-
ell reserves the right 10 reduce
such maximum charge whenever In
It's judgment the same should he
done.
See. is The terms and coudil
lions OF this ordinance shall be-
come effective when accepted IN
writing within thirty (30l days
from the date hereof, by the De-
troit Central Sub Railway Com
pany. a corporation 10 be organize
under the laws OF this State. by
the said Marcus Pollasky and as
sociates, and the purpose of car
rying out the undertakings. and
shall pass TO and be binding upon
said corporation. its successors or
assigns
Referred to Committee on Fran
Uses.
FROM THE SAME
on. Charles Nichols,
City Clerk.
Dear Stat meeting or the
'ayne Delegation held February 1ith.
st. the enclosed resolution was
10 sl.s.al q "A a
Respectfully yours,
JAMES -. JEROME.
Secretary Wayne Delegation
At n meeting OF the Wayne delega-
on In the house OF representatives.
I'D on the lith day OF February. A. ID.
III the following resolution was
adopted
Resolved. That II Is the sense OF the
'ayne delegation In the house OF rep
ed in the way indicated by the SUI
reme Court in it's recent decision and
ring about q general revision OF the
etroit Charter.
John STEVENSON.
Chairman,
Wayne Delegation.
JAMES ID. JEROME.
Secretary.
Wayne Delegation
Referred TO Committee on Charter
nj city Legislation.
FROM THE SAME.
Id. Geo. A. owen:
| hereby tender my resignation as n
ember OF the Board OF Registration OF
ne Ninth District. First Ward
Yours truly
FIRED j. KENDALL.
80 Euclid avenue east
Ald. Merritt entered and took his
at.
Adopted as follows:
YeaS-Ald Allan, BroZo. Burton.
elmel. Euis. Field. Gilman. Grindiey.
arpfcr. Hindlc. KeusCh. Koenig.
rapp. I.ittleneld. McCErty. Mason.
Ierritt, O'Brien, OstroW ski. owen.
schultz. Skrzycki. Theisen.