The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-07-04

such elevated railroads shall be upon plans
and specifications approved by sucn BOARD
and not otherwise, except as herein pro-
vided.
Thirteenth-That the consent herein given
and granted shall be subject TO all ordi-
nances of the city of Indianapolis, govern
ing railroads now in force or which shall
hereafter be passed, so far as the same are
or may be applicable TO elevated railroads.
Fourteenth-That the persons or corpora
tions constructing or owning any elevated
railroad in pursuance hereof. as well as
their lessees, successors and assigns, shall
forever indemnify and save harmless the
city Of indianapolis from any and all dam
ages, judgments. DEGREES, costs and ex-
penses for which IL may be made LA bic. or
which may be recovered against Ii by reason
OF its having consented to the construction,
maintenance or use OF such elevated rail-
road, or of any telegraph. telephone or
signal devices placed thereon, or by reason
of the construction maintenance or oper-
alton of such elevated railroad, or result
ing from the passage of this ordinance, or
any matter or thing connected Herewith, or
from the exercise by any of said persons or
corporations of any privilege or authority
herein given or granted.
Sec. Z. The said elevated railroads TO be
constructed within the said First district
may be brought to the surface outside OF
such district at a gradient TO be fixed Dy
the persons or corporation constructing the
same, and maintained on the surface until
the time limited for the removal or the
same from such surface as aforesaid. But
the persons or corporations constructing or
using or operating such railroads, snai
raise, QepreSS or DrlQge any roadway
crossing of any highway street, SO as TO
carry and maintain the same during such
period across or under or over such tracks,
as the Board of Public Works of said city
may require, and shall pay, indemnify and
save harmless the city OF Indianapolis from
any and all damages. judgment, DEGREES,
costs and expenses of same, or for or by
reason of or growing out Of or resulting
from the same. .
Sec. s. 1t is not intended by the Common
Council OF said city, by the provisions of
ordinances surrender
powers, control or jurisdiction over any Of
the said highways or streets OF said city,
nor to limit its authority or that or any
board or department of said city having any
authority, to regulate the use of railroads
upon the surface of such streets and high
ways. nor its power and authority, nor the
power and authority Of any such board or
department or said city, TO cause the re-
raoval OF said tracks, or any or them, from
tinuance of the use thereof. or prohibiting
the use of steam as motive power upon
any or all of said tracks upon the surface
of said highways or streets, but all Its au-
thority and that of all boards and depart
ments of said city having authority, shall
survive and continue, Notwithstanding the
provisions of this ordnance. and the exercise
of the same shall at all times be free and
unrestricted, whether before or after the
time or times hereinbefore fixed for the
commencement of or completion OF said ele-
waited railroads.
Sec. 8. If any bridge, viaduct, approach
thereto, o. other structure In any or said
stitute an obstruction to or interference
with the work Of constructing, maintaining
or using any elevated roadbed. or structure,
the construction of which is herein con-
scented TO, the Board of Public Works Of
said city is hereby authorized and directed
to promptly remove the same at the expense
Sec. 10. Should any Of the provisions OF
this ordinance be judicially determined to
be for any reason invalid, or invalid as to
any one or more railroads, or as to any one
or more crossings then and in that case,
the other provisions of the same the
provisions of the same as to any other rail-
road, or as to any other crossing shall not
on that account be deemed invalid Ii being
the intent of the Council hereby to ordain
dinance, as to each and singular the re-
spective railroads, and railroad crossings
of highways and streets, as TO which this
ordinance and the provisions thereof and
the provisions thereof under the circum-
stances may by the City Council be or
dained.
Sec. II. ii shall be unlawful for any rail-
road company or corporation. or any officer,
agent, employee, or servant thereof, or any
other person, firm or copartnership to
cause any locomotive engine or steam rail-
road car to cross any street or highway of
said city at the grade of such street or high
way, or TO operate or use any railroad or
railroad tracks upon the surface of any
highway or street within the boundaries OF
either of the districts of territory within
said city. as hereinbefore bounded and de-
scribed, subsequent to the time designated
by this ordinance for the removal OF such
tracks from such highway or street. Every
such act is declared to be nuisance and
1T shall be and is hereby made the duty of
the Department of Public Safety of said
city, through its police force, TO prevent
and prohibit the same. For each and every
violation of this section, the offender shall,
upon conviction, be fined not less than one
hundred nor more than two hundred dollars.
Sec. II. The city attorney of said city is
hereby authorized and required to institute
and diligently prosecute all suits, actions
and proceedings necessary or proper to Sc
cure full compliance with the provisions OF
this ordinance in all respects.
Sec. Is. This ordinance shall be in force
from and after its passage and publication
once each week for two consecutive weeks
in the Indianapolis Sentinel, newspaper
having a general circulation in said city.