The Detroit times., 1913-08-06

Accepted and on leave, the follow
ing resolution was offered.
BY Aid Keating
Resolved That subject 70 the con-
dltions. provisions restrictions ana
limitations, contained in an otd.hai- 'a
entitled An Ordinance 10 proNlde TOT
the construction. maintenance anu W
Grafton OF sidetTacks and spultid,hs
upon anu across any pubic street OF
highway In the city ~ Detroit approx
ed Feb. Is. 1902, consent ana per
mission and authority be and the same
IL hereby given and granted To l ,,l..''.,'
Flower Pot Co. 70 construct MAINTAIN
and operate "A sidetrack across ana
along Wabash avenue. south or Fls u -
of-way OF NJ g. r. h between l~tt
ferty Place ana alley hrst east oil Ahu
parallel 10 1lth avenue, ma accord
ance with the map and survey there
Of on tile in the otficr or the Com
missioner OF Public Works provide
that no work is 10 he don" ON the con
struction OF said spur track hN the
above mentioned grantee until sara
grantee shall file with the city 'lclh
good and sufficient surety bond IA
the sum or 100000 10 iud"mnilN, save
and Keep harmless the CITY 81 l'etrolt,
from any and all costs, damages or
expense OF any kind Whatsoever which
may he suffered Toy the city OF Detroit
or which n may be put 10 or winch
may accrue against Oy charging 10 or
recovering from said city from ~ bS
reason of the granting Of permission
10 construct said spur track OF trOm
or by reason OF any acts or thlns
done under or by authority OF permits
sion herein granted Said bond shall
be Kept In force throughout the life OF
this permit. and shall II necessary. ne
renewed whenever So directed by rrso-
luton OF the Common council IA Ia
grantee heretubctUrr mentioned apd
Ia whom said permit is granted shall
also submit To and ME with the he
partmcnt OF Public Works. detailed
plans and specifications OF tho propuS-
ed spur or side track which said plans
and specifications are Ia be approved
by said department and further pro-
vided that all OF said work shall be
done under the supervision OF said
last mentioned department
Provided. Further. That said gram
zee files with the city Clerk within 10
days an agreement In writing waving
therein all damages that may result
or accrue 70 said grantee or assignes,
ty reason OF the separation or grades.
on account OF said side track, and said
agreement is approved by the CorpOr-
alton Counsel "a being correct In form
and execution and accepted by the
Common Coupcil
Provided. That said grantee hles
with the city Clerk within fifteen days
from the date OF the approval hereof,
an agreement 10 plank the roadway
between the sidetracks and for "A dist
ance Of eighteen inches outside there
of, covering the sidetracks for which
this permission is granted and main
tain the same and forever hereafter
keep the same IN good repair 20 the
entire satisfaction of the pepa rtmeut
or Public Works during the life Of
the permission granted 10 said grantee
by said department that the necessity
for all repairing. planking and re-
pIanking OF tn, space between the said
tracks and alongside thereof or re-
pairing, paving ~ repaVing OF said
street between the tracks and for a
distance OF Is inches outside thereof
Is TO be determined by the said Deparg
mcnt OF Public Works and should the
same be ordered 20 be paved at any
future time by the said department
and the said grantee refuses 10 comply
with the Instructions OF said depart
ment TO repair, pave, repave or re-
surface the tracks and eighteen inches
outside thereof the Department Of
Public Works shall cause said work to
be done and tte-eNpense thereof s.
be proper charge against said gran
tee collectiblc in any court OF compe-
tent jurisdiction: and provided further
mat the said grantee shall save
harmless the city OF Detroit from any
and all damages growing out OF the
defective condition ~ said roadway
and for distance of is inches outside
thereof. in the event that said damages
OF sad roadway has not been brought.
10 the attention OF the Department of
Public Works
Adopted as follows:
Yeas-Ald. Allan. Barnett. Rehlow
Rleil, Case. De Galan. Dill Dingeman,
tI ,a, Goldner Hess, Hindle JakeL
Now oBrien. owen Reid. Reinhar'it
kutter. Schemansky. Schultz. Skrzycki
TThh on pson Xernor' WarteI Menzel.
Wilson and the President-32
Nays-None