The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-04-16
NEW CHARTER is AMENDED
Board Provides for the Kind Of Street
.Paving to Be Done b. the Company.
Must Give a Bond Of 0ns Hundred Thousand
Dollars for Faithful Performance Of Con-
tract-Several Other Amendments.

The Board of Public Works last night
completed several amendments to the
stfeet-raiiway charter, which was an
bounced . few lays ago. The principal
change 10 the entire new Section 80. requir-
ing q o of sl00. 600 for faithful per-
Torrance of the contract. The other
changes are noted as follows:
Section 6. LAST line. The words "when ac-
cCmpanled Dy n proper guardian is added.
Sec. 10. There 10 a number OF words taken out
and others acded to this section. The following is
should the party OF the second part be delayed
In or excluded, etc"
Sec 20; The word "three" is changed to the
than for three years."
The amendments are printed in italics:
Sec :. The fare for each passenger carried
upon any hue or route Of said party OF the sec
ond part. when q single cash fare is paid. shall
oe not more tnan nye COY cents. which shall enti-
Tie the passenger so paying TO the benefit OF all
conoluons as 70 transfer, provided, however.
that TICKETS slau, al all times, be kept for sale by
conductors OF all cars run on any portion of The
part SIX 90 Of said tickets shall be sold for the
sum or twenty-five t25D cents, and each OF said
tickets shall entitle the holder thereof to passage
and transfer upon the lines of said party OF the
second part 70 the same extent as il said holder
had paid a single cash fare; OF i've t5I cents or
less. Children three years OF age and under
shall be carried free OF charge, rhen accom-
A@1st tel&9N
Sec. 10. Said party or tie second part shall
pay for the paving between all rails, including
tracks. switches or side tracks. and for a dis
lance OF eighteen t1S) inches on the outside OF
the outside rails OF its tracks with granite blocks
ond part so elects. or with the same material as
IL used on the street ON which such tracks are
laid when any street on which said party Of the
second part constructs or maintains its tracks Is
ordered 70 be improved By said Board Of Public
Works, or has been ordered improved and the
work not completed, said party OF the second
part shall be assessed for so much of said street
Improvement as Is included between the rails or
the tracks. side tracks and switches, and for
eighteen tlSl inches on the outside OF each track,
side track or switch. including the whole space
between all tracks where there Are double
shall promptly pay such assessment
or assessments at the time and in the
manner that the. same are paid by
aDutting property holders who do not take the
benefit of the teD-year plan. The distance be-
tween the inside rails OF double tracks shall not
have oeen paved or otherwise improved with
any material different from that between the
track. tracks, side tracks or Switches, the unian-
Of the Board of Public Works, be paved or i'm
proved ~ said board with the same kind OF ma
BLOCKS sdoass o. on 'n con 1ess O. t sns ssrssS IF t Tlsn ps srani of
charged to and paid by the said party of the
provements are now paid for by ~abutting prop
ertyh0lders who do not take advantage or the
tc1-Iear plan. Ana, Iurtner. on etfeeLS tDat
have been or shall be paved with brick, asphalt
tracks. and the paving of that part OF such
shall be paid for by the abutting property hold
ers, then In that case the said party Of the sec
o on1ap pc tb sn ord,n w,1n,n coet, 81 near t sd.er c ens pas
Day into the city treasury the cost OF so much OF
said pavement as is included between all rails,
Including tie space between tracks. where there
are double tracks, side tracks or switches, and
Tor q distance or eighteen Q5) inches on the out
side of each rail Of each track. and such sum
shall be paid pro rata by said city treasurer to
the property holders 70 whom the cost OF said
Improvement was assessed upon the filing with
him. by the Board OF Public Works. OF a state
menf showing the amount assessed against each
Of said persons. In case the party OF the second
part shall fail or refuse to comply with any or
that event al the rights and privileges herein
granted shall be subject 10 Immediate forfeiture
and this contract in all things shall become null
and void.
III following was added entire to this
section:
Provided. however. that 81 ould the party of
taking possession OF any such street heretofore
improved. upon which there Is a street car line,
by the order OF any court OF competent lurisdic-
ton. and such order shall have been made solely
by reason OF any franchise or grant heretofore
made 70 another company, and the said party OF
the second part In good faith and by reasonable
offort snail have resisted such order. then and IN
that event the said party or the second partsnall
have one year after taking possession under TINS
franchise within which To refund the said cost OF
the street improvements heretofore made be-
tween the said street car tracks. which have
been paid by the aDutting property holders, as
sec q. The party OF the second part shall
complete and have in operation at least SIX 90
miles CT lines specified IN this contract within six
months after It's approval by the Common Coun-
ell. and all the lines herein specified shall be
completed and IN operation by Nov. 1, 1894;
provided, that the Board Of Public Works shall
direct the order IN which said line shall be CON-
pleted. and may extend the time for the compile
ton OF any of said lines when, In the Judgment
OF said board, the delay isnot caused by the fault
or negligence or the party or the second part;
provided. however. that should the construction
OF enc or more of said lines. OF the carrying OUT of
any OF the proyisionso OF this agreement oedelayed
by the Injunction or order OF any court OF compe-
tent jurisdiction, the time so lost shall be added
10 the time herein specified within which the
same shall be constructed; provided, further.
should the completion or operation OF the main
portion OF said lines be delayed by the order OF
any court OF competent Jurisdiction. and which
order snau DO ,ra ans9g soieiy Dy
heretofore made to any other COM
pany or companies. and that said party of
the second part shall have m good faith and by
every reasonable effort resisted the granting and
continuance OF said order, and shall have used
every reasonable endeavor 10 comply with Its
said agreement TO construct and operate said
iines, the time 90 lost shall DC added 10 the term
OF this agreement provided. that said extension
shall not be for a longer time than for SIC t6)
years; provided. however. that the city OF In
dianapolis shall have the right to intervene in
any suit for any injunction or restraining order
TO restrain the said party or the second part. or
In any suit involving the carrying out OF the
provisions OF this agreement and move for the
dissolution OF the Injunction or other order in
case such suit shall be deemed by said city 10 be
cullusive or for the purpose or delay. or or ex-
tending the time for the completion or said
work. or the performance or any OF said condi-
tons.
The following section was added: