The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-02-24

AAitIC granting SUCn IIdGEkklEE snail HDtGlly
me method or methods Of propulsion that
snail or may be used under such contract,
providing that such ordinance and contract
reserve to such city the right to require
that such methods of propulsion shall at
any time be introduced as VIII insure first
class and efficient service; and shall state
the consideration to be received by said
city. Said ordinance shall provide further,
that the company making such contract
shall be required to pave the space occu-
bted by and between its tracks and for a
space of eighteen inches on the outside
thereof, to repave the same when necessary
and ordered by the Board of Public Works,
and to keen the same in reuair. said paving
and repairing to be done under speci1ca-
tions, both as to material and manner, as
provided by the Board OF Public Works, and
under the supervision Of the city engineer;
and shall further provide that at all times
during the period of such franchise, said city
may require such reasonable extensions OF
the lines of said company or the construc-
ton of such new lines as may be necessary
for the efficient operation Of such railway
and for the convenience of the public, and
shall provide further that said company
shall not extend any of it's said lines or en-
ter upon any new streets in said city with
out tho consent Of the Common Council Of
said city, first had and obtained, and in
making such contract, said city shall re-
serve to itself the right to all times exercise
such reasonable control over such company
and the operation, maintenance and con-
%struction Of it's lines as will secure efficient
and frst-class service.
LAS part of any contract entered into pur-
suant to the provisions of this act, and as a
part of the consideration therefor the COM
pany entering into said contract shall first
make an absolute surrender to such city of
all franchises and rights to the use and oc-
cupancy Of the streets, alleys and public
places of such city heretofore owned, held
or claimed by such company within the cor
porate limits of such city at the time OF the
making of such contract pursuant to the
provisions of this act or heretofore owned,
held or claimed by such company.
HOW CITY MAY PURCHASE.
ANY city entering into any contract with
any company under the provisions of this
act for the use and occupancy of the streets,
alleys and public places in such city for
street-railroad purposes may at any time
within two years and not later than one
year before the expiration OF said contract
purchase Of such company its property of
every description whatsoever, and If such
city and company shall be unable to agree
upon the terms of UGH purchase then such
city may file its complaint or petition in
the Circuit Court of the county in which
such city is situated for a determination
of the value of such property in the manner
prescribed in Section s of this act, and when
the value of such property is so ascertained
such city may, upon the expiration of such
contract, after rendering the amount of the
value Of such property as determined by
SAID court, at once take such property and
operate such street-railroad for it's own use
ana purposes and such city is hereby au-
thorized to issue bonds for the payment
INNS - S0~A GNA AAAS0 az 1AAS
value OF such property.
Should such company habiCually, con-
tlnuaIiy or continuously violate any of the
provisions Of this act or fail to comply with
the ordinance approving said contract or
such other ordinances as are passed by the
Common Council under the provisions of this
act, then said company shall forfeit all it's
rights. title and interest in or to the use
ard occupancy of the streets, alleys and
highways of said city for street-railroad
purposes, Its contract and franchise for the
same shall be at an end and the prosecut-
ing attorney of the county in which such
city Is located snail, upon the written COM
plant of five hundred resident freeholders
or said city stating wherein said company
shall have violated the terms of such con-
tract or ordinances or of the provisions of
this act, bring an action in the Circuit or
superior Court of the county in which such
city shall be situated on relation of the
State of Indiana to forfeit the said contract
and franchise and declare the same at an
end, and such action shall be tried as other
actlons are tried, and upon a finding and
judgment that such company has violated it's
said contract or said ordinances or the pro-
visions of this act as hereinbefore provided,
then said court shall enter a judgment and
decree declaring said contract and franchise
forfeited and at an end, and said city SHALL,
through its Board of Public Works, proceed
to relet the use and occupancy of it's streets,
alleys and public places for street-railroad
purposes, and in the manner and upon the
terms and conditions provided in Section s
of this act; and if said action shall be de-
termined in favor of such company then the
petitioners shall be liable for the costs of
said action.
SUBURBAN COMPANIES AND TRACKS.
And provided further, tina said company
shall permit the use of it's track or tracks
by any incorporated suburban or interurban
railroad company from the corporate limits
or from the nearest connecting point within
such corporate limits Of such city to
some central point in such city for
the purpose of discharging and receiving
passengers, with the right of such suburban
company to, run its cars thereon to some
loop, and return thereon out Of said city,
whenever such use has been permitted bv
the Board of Public Works and Common
council or said city by contract approved
py ordnance. That the Board of Public
Works snail require in any such franchise
granted hereunder such consent to be given
IN sucn franchise with the right on the
part of the Board of Public Works and
Common Council to establish such central
point and designate the track or tracks to
pc used In going to and from the same in
such city. That such use shall be upon
such conditions and under such regulations
as the Board Of Public Works and Common
Council of such city prescribe and upon
such terms as to compensation as may be
agreed upon by such companies; and in
case such companies cannot agree as to such
compensation within thirty days after APP
plcatlon is made for the same, then such
use shall be permitted upon such terms as to
compensation as may be fixed and deter
mined in an action instituted by either of
49, ~ &OAlL VI I1C
county IN which such city may be situated.
and, pending such controversy or suit. such
company shall nave the right to use the
track or tracks designated by the Board of
Public Works and Common Council upon
executing a bond in such amount ard with
such surety as shall be approved by said
court, conditioned for the payment to such
company owning and operating such railway
in such city the compensation which may
accure up to the time the final decision
In said action shall be fixed by the court.
And, provided further, that in case the
way in such city cannot furnish power to
propel tho cars of such suburban or inter-
urban company, then in that event the sub
urban company shall have the right TO con-
struct and maintain a feed and trolley wire
on the poles or in the conduits of such com
designated by the Board of Public Works
and Common Council in such city, and COM
pensation for the use of poles and conduits
for the construction and maintenance Of
such wires is to be fixed as above provided
for the use of the tracks; and in such case
have the right to establish and maintain
power houses and place its wires on such
poles or in such conduits. Provided, low
ever, that the provisions of this section shall
not apply TO any suburban or interurban
railway company whose line, including the
track or tracks, so designated within said
city does not extend to a distance of six or
more miles from such central point.
Sec. 3. All the terms and covenants Of
any contract so made as aforesaid shall be
binding and conclusive for the period fixed
therein, and no longer, and the mutual
the parties thereto shall be as therein ex-
pressed, subject, however, to all the provi-
sions of this act.
PURCHASE OF CITY PROPERTY.