2564 - 29 Decline arbitration in rates for Cleveland Railway Co

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,*",-",b.iIi~~ ,~ l' .'._----- (73 ( ) '''--~,..-.- . i RESOLUTION NO. 2564 By Mr. Gillis A resolution relating to the demand of The Cleveland Rail- way Company for arbitration of the question of the rate of fare pro- vided for in Lakewood Ordinances 1400 and 2305 and declining to ar- bitrate.the question of fare which is expressly provided for in said ordinances. , Whereas The Cleveland Railway Company has served upon the Director of Public Works the following communication: "April 16, 1929 Director of Public Works, City of Lakewood, City Hall, Lakewood,Ohio, Dear Sir: On March 16:t;h, 1929, in a letter to his Honor, the Mayor of the City of Lakewood, we stated our concep- tion of our rights under Ordinance No. 1400 as amended by Ordinance No. 2305. Specifically we said that by the terms of the franchise contract "The rate of fare for a ride whol- ly within the City of Lakewood will be advanced from three cents cash to five cents cash, eleven tickets for fifty cents. The rate of fare for a ride to or from Cleveland re- mains the Cleveland rate (On May 1st next)." Last evening, Monday, April 15th, at a meeting of the council of the City of Lakewood, we learned that the city differs with us regarding this matter and we thereupon orally requested the submission of this difference to arbitration, as provided by section 22 of said franchise contract. We nam- ed as our arbitrator Mr. Charles Higley, Attorney at law, of Cleveland. This will confirm that oral notice and that there may be no misunderstanding, we hereby require the difference now existing between us with regard to our right under the con- tract to charge the rates of fare aforesaid on and after May 1st next be submitted to arbitration. We have selected Mr. Charles Higley as our representative upon the board of arbi- tration and respectfully urge your prompt compliance with the provisions of the contract that an early determination of the question may be had. ¿y,. Yours very truly, :, -,' THE CLEVELAlID RAILWAY CO]{J1'ANY By (Signed) Jos. H. Alexander, President." And, whereas, the rate of fare is expressly provided in Or- dinances Nos. 1400 and 2305 and the rate of fare is a matter which may not lawfully be arbitrated and is by the terms of said ordinances excluded from arbitration. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TF.E CITY OF