The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-04-08

81 ciuscl DY the I2uitO Il IL IdAt Va AZ sctouu
part. and also the party of che first part shall
not be liable 10 the party of the second part. or
to any other. corporation. partnership,
Individual or individuals, whatsoever, for
any claim or damage growing. out
OF. or In any wise connected with. the
granting of this franchise or contract to the said
party OF the second part, and the said party of
the second part agrees TO hold the city OF lndi-
annapolis free and harmless from any such claim
or damage, and TO defend. at its own expense.
the rights and privileges hereby granted.
Sec. %. The party of the second part shall
complete ana nave In operauoh !, leasa SIX
In six months after Its approval by the Com
mon Council, and all the lines herein specified
shall be completed and in operation by Noy.1.
1894; provided. that the Board of Public Works
shall direct the order in which said lines shall be
completed and may extend the time Tor the com
pletion OF any of said lines when, In the Judg-
meDt of said board. the delay is not caused by
the iaulr or negligence of the party OF tue second
structlon OF one or more OF said lines or the car
q hi. ssreemen. Sc DELAYED by the IN:
competent jurisdiction. the time so lost shall be
added 10 the time herein specified. within which
the same shall be oonstructed; 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 shall be made solely by reason or any
franchise or grant heretofore made TO any other
company or companies. and that said party OF
the second part shall have, in good faith ana by
every reasonable effort. resisted the granting
and continuance OF said order, and shall have
used every reasonable endeayor 10 comply
with its said agreement TO construct
and operate said lines, the time so lost shall he
added TO the term of this agreement; provided,
that said extension shall not be for a longer
time than for three years; provided, however,
that the city or Indianapolis shall have the
right TO intervene In any suit for any injunction
OF restraining order to restrain the said party of
the second part or in any suit involving the car
rying out or 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 to be collusive or for the purpose OF
delay or OF extending the time for the completion
or said work, or the performance or any OIL said
Sec. %. Should said party of the second part
at any time sell or lease its property and rights
herein granted TO any other company operating
other lines in the city OF indianapolis, or should
said second party. by and through. any further
grants hereafter made to 1t by the party or the
In said city, or purchase any line or lines OF any
other company. then said party of the second
without extra charge, TO each passenger 80 de-
string It a transfer ticket which shall be- good for
passage on any car on any other line or lines be-
longing To the company issuing such iicket.
Such transfer tickets shall be issued under the
same provisions rs are nereinbefore provided.
CITY OPTION n EXTENSIONS.
Sec. 81. At the expiration OF the term OF this
contract. to-wit: ---, or in case Of for
fixture by reason OF the party of the second
part falling TO comply with certain or the con-
ditions of this contract rs herein specified, the
bOdTu OI fuDUc WOrkS u I edu CITY may, ~ ltS
discretion, the same being first directed by an
ordinance passed by the Common Council, order
AUST and fair appraisement Of all property,
both real and personal. necessary for the opera
ton OF said road and purchase the same at said
appraised value, TO be held as the property Of
fo OBJ be =. seyected 1ha n the Mayor of said c,ty: one h rS
the Judge OF the Circuit Court OF Marion county.
and the third by the party or the second part,
but before said purchase shall be made the same
shall he approved by the Board or Public Works
and the Common Council OF said city.
Sec. 25. IL in the opinion of the Board OF Pub
lie works and Common Council II Is deemed de-
sirable To have constructed and operated q line
OF tracks on any street not occupied by tracks OF
the party OF the second part the party or the frst
part shall notify the party OF the second part TO
build the same under all restrictions and condi-
tons Ill this agreement contained, and should
said party OF the second part not notify the par
~ of the first part within thirty days from
the date OF SAID notice that 1t will build and
i Hpera Sc 1 noiiir nho t6 as p pafsy OF or the n, h frs.
shall not. witnin twenty, days thereafter.
said work within said time the party. of the sec
ond part shall fail To complete j. within a time
hxed by the Common Council and Board OF Pub
lie Works (Which time shall he a reasonable
time). provided, however. that the Board OF PuD-
lie Works and tho Common Council shall not re-
quire aEy labor To be performed under this pro-
vision between the LIST day OF December and the
18th day OF March. then aud upon the failure
OF the party of the second, part In either or any
" 6dAA INV 4OttAtA va hhAAO
Works and Common Council may grant TO any
other person, persons or corporation the
nermi,s:on ~ any a indiyidnal o. cornorat,on
other than to the party of the second part to con-
struct and operate o line or lines OF road because
OF the failure OF the party OF the second part to
comply with the directions OF the Board OF Pub
lie Works aud Common Council, shall confer
upon said other individuals or corporation the
right to run over the track. or tracks, OF the
party of the second part within the territory
bounded by and including Mississippi, Alabama.
South and Michigan streets in said city of Indian
apOlis and pay to the said party or the second
part for the use OF track, tracks, or power, lfany
is supplied. on a wheelage basis. and In addition
thereto a percentage Of the cost OF that portion
OF the lin they use. and q pro rata OF the cost OF
the repairs. renew ais and maintenance thereof.
and damage TO the business OF the party OF the
second part by reason OF passengers secured
on the streets occupied 10y the tracks or the said
party of the second part. III case the party OF
the second part and the new company fail
10 agree as 10 the amount OF snch charges.
then each company shall select a nonresident
disinterested expert In street railway affairs to
decide the question. Should the two TALL 10
agree they shall select u third nonresident dis
interested person aud the majority or these
three perons shall determine the amount to lie
80 paid to party of the second part. And such
new line granted and built as aforesald-no mat
ter by whom operated-shali he operated with
the right OF transfer TO or from all cars OF the
party OF the second part and of said new line III
the same manner ana under the same conditions
as are provided for transfers of passengers from
lines and cars OF the party or the second part.
such transfers due to eithcr OF said
companies shall be determined by the
companies-they failing TO agree. the differences
shall be referred 10 experts. as required In the
case OF previous charges, and provided further,
IL the party of the first part. after having di-
rected the party OF the second part 10 build any
new line, as herelnbefore in this section pro-
vided, and tho territory along said proposed
line has One-half the lots built upon, and two
thirds OF the length OF said proposed line is at
least two squares distant from any other paral-
lei street-car line, and the party or the first part
has failed TO secure the building OF said line
by the means hereinbefore provided in this sec
ton, then, aud in that event. the party OF the first
part may again notify the party OF the second
fusal of the party OF tho second part TO begin
said line as aforesaid within thirty days
thereafter, or upon the failure or the party of
the second part to complete the same within a
reasonable time thereafter, said time 10 be fixed
by the Board OF Public Works and Common Couu-
Gil OF said city. then in case OF failure or refusal
In either or such cases the party or the second
part shall pay as liquidated damages TO the party
OF the first part the sum OF twenty-five dollars
mains uncompleted after the expiration or the
time fixed for lts completion by the said Board
and Common Council. and the toad provided
herein 10 he given BY said company shall be
made to include, and shall include. as one OF its
| conditions the payment OF such damages.
Sec. %. said road and the cars belonging to
said party OF the second part shall at all times
Be conducted and operated In conformity with
all existing laws ana ordinances OF the city Of
Indianapolis, where not conflicting with this
agreement.
BOND REQUIRED.
Sec. 81. The party of the second part. before