The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-06-25

which such extension is asked, and the ter
ritory. the inhabitants OF which II is pro-
posed TO have supplied with gas as sfore-
said.
HEARING AS TO EXTENSIONS.
"On the day and at the time named in
such notice, the said Board of Public Works
shall give to said company. party OF the Sec
ond part. II It's representatives so desire. a
full hearing on the question as to whether
such petition has been signed by the requi-
site number OF owners and occupants of
property, who have agreed therein 10 take
and use the number Of burners aforesaid,
and as to whether such extension may be
reasonably required. If said company shall
not appear before said board at the time
upon such petition, on such evidence or in
formation as II may have from any source.
II. aIter such hearing. 1T should appear
70 saio BOARD that such petition has been
signed, as herein provided. and contains the
agIeement as to burners herein required.
snu mat such extension may be reasonably
such extension TO be so made as asked, and
IN sucn order shall fix the time within which
sIcn work OF extension shall be completed.
watcn period OF time shall in all cases be Of
suncient length that the said company,
parry or the second part. by the exercise
OF reasonable diligence, NAV be able TO
make such extension within such time.
ne SAID board shall cause written notice
OF any such order to be given to said COM
Pdny, ana IL the said company shall fail or
refuse to make any such extension in ac-
cordance with the terms of such order.
within the time fixed therein, il shall forfeit
ano pay 10 the said city as liqudated dam
ages Tor breach Of this contract the sum of
hfty dollars $4,000 for each day that the
oonpieuon OF such extension is delayed be-
yonu me period so fixed. Provided, that said
company shall not be required TO proceed
Win the extension of any OF its lines OF
ptppes inc mains, under any order of said
DodIu, az any time between the first day of
november and the first day OF April follow
ing IN any years.
ACCURATE METERS.
And the said company, party of the Sec
ond part. also agrees that IL will use no
meter nor require the use of any meter in
the measurement of gas sold under the pro-
visions of this contract except such as will
accurately measure all gas passing through
tnem' and all meters whose measurements
DO not exceed 2 per cent. fast or g per cent.
slow shall be considered accurate.
The Board of Public Works of said city
snail nave authority at any and all times to
inspect or cause TO be inspected. and to test
and cause to be tested anv meters in use
oy SAID company. for the purpose of deter
mining the accuracy of the same.
parties t daso agreed by and between said
lnuance or this contract complaint is made
10 the said Board of Public Works that the
quality or artificial gas being furnished by
the said company. party of the second nari
20 the said city, or any of the Inhabitants
,,SS . ntaminasing purposes. is not equal to
the standard liked and prescribed herein.
or that meters through which any such gas
IS meaSured are defective and inaccurate,
tne saio board. being satisfied that such
complaint is well founded. shall have the
right TO employ experts to Investigate the
quality or such gas and to inspect and test
my sucn meters. and the said company,
party OF the second mart qQroac ond hin1g
itself to pay for the services OF any and
all SUCH experts so employed, the reasonable
board.
1T is agreed n understood by the par
ties hereto. that IN case of the failure on the
part. to comply with the terms and pro-
visions or this contract. then all the rights
OF said company under this contract shall
or Public Works and Common Council shall
no longer be bound by any of it's provisions.
DIscoNTINUING CITY LIGHTING.
Nothing in this contract shall be held to
require the said city of indianapolis to con-
tinue the lighting of any of it's public
grounds. buildings. streets, alleys or ave-
nues during the whole or any part Of said
period OF ten years with gas to be fur
nished by the said company, but the city re-
serves the right to discontinue the said
lighting in whole or in part, at it's pleasure.
- . d6ICCu dllQ uIlucTSlOOu Indt
while any streets, alleys or avenues are
lighted with gas at the expense of such city,
no greater sum shall be charged per post
The said company. party of the second
part also agrees that In all cases where
1t shall cause excavations or trenches to be
made in any street, alley, avenue or public
grounds in said city, for the purpose of ex-
tending or repairing any of it's pipes or
the same as early as practicable and restore
SUCH street, alley, avenue or public place
TO as good condition for travel as it was be-
fore such excavation was made, and in case
Of failure so TO do, the said city, by it's
proper officers and employees. may proceed
TO restore any such place to its former CON
dition, In which case said company shall be
liable to the said city for the reasonable
cost thereof.
LIABLE FOR DAMAGES.
"And the said company shall be liable for
any damages to any person or property re-
sulting from any neglect or fault of any Of
its officers, agents. servants or employees;
and should said city be sued therefor, said
company shall be notified of such suit, and
thereupon 1t shall be the duty of said COM
pany to defend the same: and should a judy
ment be recovered against the said city on
account of the negligence of said company.
its agents. servants or employees, the city
shall recover the amount thereof with all
costs from the said company. and the record
OF such judgment against the city shall be
maj ana conclusive evidence IN the case, IL
being the agreement of the parties that said
company shall save said city harmless from
the payment of any damages on account of
or growing out of its use of any of the
streets, alleys, avenues or public grounds of
said city in the laying, extending or repair
ing Of any of its lines OF pipes or mains, or
otherwise.
This contract shall be in full force and
effect upon its approval and ratification by
the Common Council of said city. by an
ordinance duly passed, and upon the repeal
by said Council, in proper form, OF the ordi-
nance hereinbefore referred to. entitled An
ordinance regulating the distribution and
consumption of artificial gas; fixing the
price thereof and matters connected there
with; prescribing a penalty, and fixing a
time when the same shall take effect
passed Aug. 2. 1897.
Upon the taking effect of this contract.
the case hereinbefore mentioned, of the In
dianapolis Gas Company VS.. city of Indian
apolis. shall be dismissed at the costs of the
plaintiffs. and all rights of action against
the plaintiff upon the Injunction bond there
in be released and discharged"
Soldiers Celebration, Fourth Of July.
The executice committee of the Union Sol
diers and Sailors Mutual League has almost
completed arrangements for the celebration
of the Fourth of July at Garfield Park. 1t
Is the intention of the committee TO have
the people assemble early at the park and
enjoy an all-day family reunion and picnic.
There will be an open-air concert from 8
o'clock in the morning until the noon hour.
In the afternoon the Declaration Of indie
pendence will be read by Maj. Harold G..
Nfepreur Ouartermaster General Richard