The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-07-07

the terms and conditions OF saiu ASJ rid
der. be REQUIRED 20 assume sucn and
some unjust unnecessary. foolish anu
ruinous expenditure and fnvestmsnds from
10 recuire IL 10 do so or be exciucso
bidding. would be against public intefes'
DURATION OF CONTRACT.
The complainant then says that the sPee-
,eca ,,ops mentioned do not fix the dura-
ton of the contract 10 he let. the privileges
being without express limitation py ~
provisions. terms and conditions OF inc
fanchise contract. The complaint 20"
,inues: THAT IL is a further circumstance
and fact. as plaintiff is informed 'ha'
upon the date Of the adoption or saio nv
tation for bids and proposals, ana sal"
pretended specifications by said detehoan''
and Board of Public Works. no persons
firm or corporation other than SAID HOME
Heating and Lighting Company had az
ready acquired FRANCHISE rien's nphlic
ileges In the streets. alleys ana pun.
grounds OF said city for an eiectric "sna
system for a term extending oeyoho ~
expiration OF said supposed CONTRACT ~
public lighting in said Invitations and pre-
tended specifications mentioned, ana ho
persons, firm or corporation mas sinve az
qulred the same for such terms.
That other provisions OF said pretendeo
specifications are such, as plaintin - III
formed. that II said indianapolis Light and
fOWGI company S4thtt 1f'
bidder upon said pretended speci1catlons
for said proposed public lighting contract'
its said rights and privileges would De in.
proposed contract. by many terms and
conditions thereof. including those the ",
Grafton and effect or when nave 49,
herein above In part shown. as well az
others, and among the others particularly,
those which provide In enect that IL snnt
be provided In said proposed contract WIZ
tho successful bidder that ut any time
within eighteen months prior TO the expira-
ton or the contract term, II n new coh,
tract shall not have been then swarusn
option 10 become the purchaser OF All tne
tangible property OF said company constr
!u,ins It's electric lighting plant ntornnmn 1
owning and operating the same the iair
market value of such tangible property
MANNER OF PAYMENT.
The specifications set out that the value
OF the plant Is 10 be determined and snai
be paid for In cash or valid negotiable
bonds. The specifications also set out tnat
II the contract is not renewed or EXTENDED.
or the city has not become the owner or
the plant. then the city shall have the
right. without process OF law, TO take
possession OF the streets, alleys and
grounds occupied by the corporation ana
the ompany shall have three months TO
remove its tangible property above ground,
but not the privilege OF digging up the
conduits; and the conduit system. together
with such other property as Is not removed
of the city. The complainant AYERS that
should the Indianapolis Light and Power
Company secure the contract, tnas a. o ,he
practically be terminated, its business ex-
tinguished and destroyed and the entire
conduit system representing about one.
third Of the total valuation OF the entire
plant, would come into the possession of
the city without further consideration. Az
is charged that IF the Home Heating and
Lighting Company were a bidder for the
contract, not subject TO such onerous and
grossly unjust conditions. for that said
pretended specifications are so ingeniously
framed and worded. that the Home Heat
ing and Lighting Company, and 1t only of
all others who might be bidders for said
proposed contract. would not be subject to
such conditions"
1t is charged in the complaint that the
specifications. where they say. 1T is here
by stated to be the design of said board 10
contract for said franchise and public
lighting with an Incorporated company"
expressly excludes from competition in bid
Incorporated. regardless Of the fact that
some persons. firm or company unincor-
porated may desire to bid therefor and
might be the lowest bidder. The plaintiff
AYERS that the Indianapolis Light and
Power Company will probably be excluded
from bidding for the contract on account
event the Home Heating and Lighting
Company is apt to become the sole bidder
ana De awarded the contract without COM
petition.
WILL PAY $1,000 600.
1t is asserted that the city will obligate
itself to the payment of at least 81. 200 900
If all of the provisions in the contract are
carried out in purchasing the plant at the
expiration Of its contract. and that the City
Council has passed no ordinance authoriz-
ing the Board of Works to make such a
provision In the contract. 1t is also charged
that the Board of Works has no such
sum on hand. nor has the Council appro-
priated any money for carrying out such
PROVISIONS as are named In the speciica-
tons The plaintiff asserts that a plant
substantially required by the contract can
De completed and equipped In one year.
visabie that the contract for public light
Ing be let two years prior to the expira-
o4n OF the present contract. 1t is also
citeo mat Mayor Taggarts term of Of
nee expires next fall and that the contract
so let Will bind his successor and the
successors OF the present members OF the
board or Works. 1t is also alleged that IL
the purchase provisions Of the contract are
carried out il will necessitate an Increase
OF taxes and additional expense 10 the
city. INC
The plaintiff asks that the defendants n.
restrained from performing any OF the al
ieged acts and that a restraining order and
rnJancuoh De ISSUED restraining them from
Tecelvlng a bid or bids on or before July
10, or awarding any contract on the preseni
specincations, or until the Board Of Works
or Its successors shall place on file frnpar-
tlal specifications for such work and CON
tract. The plaintiff also prays the court
tnat the defendants be enjoined from letting
the contract for public lighting Until after
the second Tuesday in October detection
court. ne
me plaintiff. Arthur n. Dwyer. il super-
intendent CT the Nordyke & Marmon Man,
ana Daniel Marmon is president of the
Indianapolis Light and Power Company.
and 1T is believed that Dwyer brings The
suit In behalf OF the company. Charles G
Ferry, secretary of the indianapolis Light
and Power Company, would not TALL a ahem