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

pax Ia Wllllu Olo year hlIcE
the passage OF the ordinance confirming
this contract pay into the city treasury the cost
tween all Tsiis' insIuding the space between
tracks, where there are double tracks. side
tracks or switches. and for a distance OF eighteen
track. and such sum shall be paid. pro rata, 10y
said city treasurer. To- the property holders To
whom the cost or said improvement was assessed
uDon tho filing with him, by the Board OF Public
Works, OF @ statement showing the amount as
sessed against each or said persons. In case the
party OF the second part shall fail Or refuse TO
comply with any or all the requirements of this
section. then and In that event all the rights and
privileges herein granted shall be subject to i'm
mediate forfeiture and revert back to the party
or the first part and this contract, in all things,
shall become null and void.
Sec. IL. Said party or the second part shall
keep the space between all rails of all tracks,
side tracks and switches. and for eighteen
inches on the outside OF each rail OF each track,
tween tracks where there are double tracks.
switches or side tracks, in good condition and
repair. renewing the same from time to time.
whenever, in the Judgment OF said Board OF Pub
lie Works, Ii becomes necessary. At all street
and sidewalk crossings. on streets which are
not paved. the space between all rails Of said
party of the second part, and for a
distance. of ten inches on the, out
s n,n1.sS OF the so,S outside nlaaee rai ns ,h snan secoD BE
part for q distance equal TO the full width OF the
street and sidewalk crossed by said tracks. and
case, in the opinion OF the Board or Public
Works. any repairs shall be necessary. either to
the line, roadway or OrlerWlse, the par y OF the
first part snail notify the party OF the second
part, In writing. to make such repairs. and IL
such repairs are not made within a period of ten
days after such notification. the said party
of the first part may enter and make such repairs
at the expense of the party of the second part,
and in case SAID second party fails TO pay said
expense within thirty days after the party
of the first part renders a bill for the same, then
the party OF the hrst part shall have q right OF
t rSeiG bo nsai iiisd the b Pa sa,a OF p .ns 'e of the ps secoo oa
part to secure the fulfllment OF certain OF the
conditions and obligations OF this agreement
Sec. IL. Whenever the party OF the second
part has q line. or lines OF track upon any street,
or streets, that are being swept, cleaned or
sprinkled By public contract. then the cost OF
sweeping, cleaning or sprlnkling SO much OF said
street as is occupied by their tracks, including
the space between tracks, where there are double
tracks, side tracks or switches, and for a distance
outside rall OF the tracks. side tracks and switch
es shall be assessed and charged TO the said party
OF the second part in the same manner "a the rest
OF the street is charged to abuttiug property
holders, but In case the said party OF tho second
part shall elect TO do its own sweeping. cleaning
or sprinking. then it may do so. provided it
cleans, sweeps or sprinkles To the satisfaction OF
the Board OF Public. Works. and as often as the
and provided, also. that the party OF the second
part removes from said street the sweepings, as is
the contractor who sweeps or cleans the por-
ton OF the street not occupied by said
s ali cases t WSan i Hr BECOMES ecSGSs; n aaa rT
to remove snow or Ice from said tracks or siding3.
It shall be distributed evenly over the surface of
the balance OF said street. so as not TO interfere
with the free use and occupancy OF the same by
the public. In case the party OF the second part
shall neglect or refuse 10 comply with all or any
OF the requirements OF this section to the salts
faction OF the Board OF Public Works the party
OF the first part shall cause the same to be done
and charge the cost thereof 10 the party of the
second part. and In case said second party fails
to pay said expense within thirty days after
the party OF the first part renders q bill for the
same theI the party of the first part shall have
a right or action against the marty of rhs aePOnd
part on the bond filed by said party OF the second
part TO secure the fultliment OF certain Of the
conditions and obligations OF this agreement
SUBJECT TO APPROVAL.
Sec. Is. The track or tracks of said company
with all switches and loops. shall be located on
such portion or parts of the streets of such city
as shall be approved by the Board Of Public
Works. and the party OF the first part reserves
the right to designate on what streets double
tracks shall be laid and on what streets single
tracks shall be laid. Before entering upon any
street, for the purpose OF laying tracks therein,
the party of the second part shall file with the
Board OF Public Works a plan showing said
tracks, side tracks, switches and all constructive
details. which shall be approved by said board
before the work is begun.
, Sec. Ia. The section Of all rails used on new
lines and for renewal on any line shall be APP
proved by the Board of Public Works, but no
rail shall be used that will in any manner inter
fere with the free and unimpeded passage of
vehicles, with suitable openings at ali cutters,
SO as 10 permit the Tree nOW or water under the
same. All tracks and rails shall conform TO the
grade of the street as now established, or as may
hereafter be established. by the party OF the
first part, and subject, at all times, To be taken
mp and relaid at the expense of the party OF TIL Q
second part, whenever deemed necessary by the
party OF the first part. for the purpose OF re-
grading or paving said street, constructing sew
ers, or any other public improvements. In
case said rails or track shall not be OF the
the street, as above provided, the Board of Pub
lilo Works shall notify said party OF the second
part thereof. and In case said party OF the second
part shall fail TO repair the same within ten QO)
days from the time OF receiving said notice, then
the said Board of Public Works shall have the
right to enter upon SAID track and make said re-
pair or Improvement and charge the cost thereof
TO said party Of the second part, and in case said
second party fails TO pay said expense. within
thirty days after the party OF the first part
renders q bill for the same. then the party OF the
first part shall have a right OF action against the
party OF the second part on the bond filed by
said party of the second part TO secure the full
fllinent Of certain OF the conditions and obliga-
lions OF this agreement.
Sec. l5. The said party Of the second part
shall use only such motors, cars and equipment
as are strictly first-ciass; shall maintain the same
in good condition and provide for conductors, In
addition to mOtormen or drivers for all cars:
keep the cars painted and clean: pro vide FOR the
heating and lighting OF the same by electricity
or other means acceptable at all times and in all
respects TO the Board OF Public Works; provide
all cars with the most approved life guards. and
maintain all such property in good and safe con-
dition, oil OF which shall be subject to the ap-
| prevail of the said Board of Public Works.
Sec. 10. Any Improvement undertaken By or
In the name OF the party OF the frat part, or by
any contractor for said first party, for the i'm
provement of any street, alley. sidewalko or CROSS
ing, or for the construction OF any sewer or
drain, shall not DO impeded by the party OF the
second part. its agents or employees. but said sec
ond party shall do all In its power TO advance
such improvement by the moving OF Its tracks
and poles, and relaying and replacing the same
when Ii becomes necessary, at its own cost. The
party of the first part shall protect the party of
the second part as much as possible by seeing
that the contractor for any work Tor II does not
Intentionally, negligently or maliciOusly delay
the same to the detriment OF the party OF the
second part
Sec. IL. should it be necessary, in tho prose-
cution or any public work. To stop entirely the
operation of cars, IL may be done by order OF the
Board OF Public Works. and in such case the
party OF the first part shall Do held free from
all claims for damages by reason of such delay
To the business or traffic OF said party OF the sec
I ODd part.
SEQ. Is. In times OF danger from fire or other
cause the chief engineer OF the fire department
or any member OF the Board of Public Safety
may order any wire or wires belonging 10 said
party OF the second part cut and the electric cur
rent stopped until such danger Is past. The cars
belonging TO said party OF the second part shall
not, at any time. be allowed TO run over any
hose belonging To tho tire force of said party OF
the first part.
FOWL CARS" PROVIDED FOR.
Sec. 10. Cars shall be run over the lines of
said company on "A time schedule not exceeding
ten minutes between the running of each
car. between the hours OF 6 O'clock A. NJ. and
1870 p. NJ. and not less than one car each
hour thereafter until g o'clock A. NJ. but upon