The Detroit times., 1913-12-17

tsetaen thereto. recommend the adop-
sion Of the following resolution.
Respectfully submitted.
SHERMAN LITTLEFlELp.
GEO. A. OWEN.
HARRY ]. DlNGEMAN.
ALBERT r.. WILSON.
JOSEPH ScHEAiANSkY.
Accepted and on leave the follow
INK resolution WAS offeredi
BY Aid. Keatingi
Resolved. That subject To the con-
ditions. provisions. restrictions and
Limitations, contained in an ordinance
entitled: AN Ordinance to provide for
tho construction. maintenance ane
operation OF sidetracks and spurtracks
upon and across any public street or
highway I'm the City OF Detroit. ap..
proved Feb. Is. 1907" consent and
permission and authority be and the
Same In hereby given and granted 10
Edward I.abadie to construct, main
tain and operate n sidetrock ncrosv
swain avenue. Immediately north of
and parallel 70 the right-of-way OF the
Wabash Railroad In accordance with
the map and survey thereof on file
Ia the office OF the Commissioner or
Public Works: provided that no work
Ii to be done on tho construction OF
said spur track by the above men,
toned grantee until said grantee shall
hle with tho City Clerk "A good Gyit
sufficient surety bond I'm the sum OF
100000 TO indemnify, save and ke.p
harmless the City of Detroit. from
any and all costs. damages or expense
OF any kind whatsoever which may os
suffered by tho City OF Detroit or
which II may be put 10 or, which may
accrue against by charging t. or re-
covering from said city from or by
reason OF the granting 81 permission
90 construct said spur truck or from
or by reason OF any acts or things
done under or by authority or pormis-
sion herein granted. Said bond shall
be kept in force throughout the life
OF this permit. and shall IL necessary,
be renewed whenever so directed by
resolution Of the Common Council.
Said grantee hereinbeforc mentioned
and to whom said permit 10 granted
shall also submit 20 and file with tn:
Department OF Public Works. detailed
plans and specifications OF the pro-
posed spur or side track which SAID
plans and specifications are to he ap-
proved by said department.. and fur
Their provided that all OF said work
shall be done under the supervision OF
said last mentioned department.
Provided. Further, That said grantee
hles with the City Clerk within IL
days an agreement In writing, waiv-
Ing therein all damages that may re-
suit or accrue to said grantee or as
sigues, BY reason OF the separation
Of grades. on account OF said side
track: and said agreement is approved
by the Corporation Counsel as being
correct In form and execution and ac-
copied by the Common Council
Provided. That said grantee files
with the City Clerk within fifteen days
from the date OF the approval hereof.
IN agreement TO plank the roadway
between the sidetracks and for dis
lance OF eighteen inches outside there
OF, covering the sidetracks for which
tain the same and forever hsreafter
keep the same in good repair 20 tho
entire satisfaction of the Department
OF Public Works during the life OF the
permission granted to said grantee by
said department.: that the necessity for
all repairing. pianking and replank-
ing OF the space between the said
tracks and alongside thereof or re-
pairing, paving or repavtn8 or said
street between the tracks and for
distance CT is inches outside thereon.
Is to be determined by the said Depars-
ment OF Public Works and should the
Same be ordered to be paved at any
future time by the said department
and the said grantee refuses to COM
ply with the instructions of said de-
partment to repair. pave re-paye or
inches outside thereof. the Department.
OF Public Works shall cause said
work 70 be done and the expense
thereof shall be proper snargs
court Of competent Jurisdiction; and
provided, further
That the said grantee shall save
harmless the City OF Detroit from any
and ali damages growing out OF the
defective condition Of said roadway
and for n distance OF Is inches out
side thereof. In the event that said
damages accrue when said defective
condition. OF said roadway has not
been brought to the attention OF the
Department Of Public Works
Adopted as follows:
Yeas--Ald Allan. Barnett, Behlow.
Bell. De Galan. Dill, Dingeman, Field
rreiwaid. Goldner, Guthard. "
Hindle, Jakel. Heating. I>empke. Little |
fleld. Lodge. Movie. O'Brfen. Owen. Reid
Relnhardt, Kutter. Schemansky, Schultz, |
8kYgycki. Thompson. wartell Wenzel |!
Wilson and the President Pro Tem-32
Nays-None.