The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-02-11


ton or depression of any railroad track or
tracks. the Board Of Public Works OF any
such city may, II they are able 10 90 SO,
agree and contract with the owner ana
operator or any railroad in Such city, or
extending into or through such city, for the
elevation or depression of the track or
tracks in such city OF such owner, or any
part or parts thereof, and agree in SUCH
contract. which shall be in writing. that
such track or tracks or part thereof shall
be elevated or depressed according to plans
or specifications which shall be designated
ana referred TO in such contract and II
shall he filed and kept on file in the office
OF the Board Of Public Works. and agree
In such contract upon the time within
which the work OF elevating or depressing
such tracks snail be completed. Such con-
tracts. when agreed upon between the
Board of Public Works and the owner and
operator OF such railroad or railroads, shall
be by said Board of Public Works submit
ted 10 the Common Council of such city
and be approved by an ordinance passed
py SUCH Council before said contract shall
take effect and be binding: and If the same
shall be so approved by such ordinance
then the same shall be in effect and bind
ing.
CITY's PART OF EXPENSE.
Said Board of Public Works shall have
power TO agree in said contract that such
city shall contribute to the expense of so
elevating or depressing such railroad track
or tracks, to the extent of any sum that
ing, however. 20 per cent of the estimated
costs OF elevating or depressing such track
or tracks, as the case may be; which costs
shall be estimated by the city engineer
upon the plans and specifications to be
designated in such contract. and the esti-
mate furnished to said Board of Public
Works before they enter into any contract
agreeing upon the part of said city TO con-
tribute TO the expense of the elevation
or depression of such tracks. In case said
board agree TO contribute TO said railroad
any part or the expense of elevating or de-
pressing such tracks the amount agreed
upon shall be paid by such city 10 such rail-
road at such times and in such instalments
as may be agreed upon in such contract,
provided, however, that the aggregate of all
the installments so paid at any time before
the entire completion OF the work of such
per cent. OF the cost of the work done at
the time or the payment as estimated by
the city engineer.
II. Ii shall be the duty of every railroad
company which has entered into any con-
tract provided for by the above section,
and which has been afterward approved
Dy ordnance as provided for in said section
| 10 complete the work of elevating or de-
pressing its track or tracks in accordance
with the terms of such contract and within
| the time fixed therein; and falling so to do
| such railroad company, its successors OF
] assigns, may be enjoined by said city OF
any other party Interested from thereafter
! operating Its locomotives, trains or cars
/ over or upon such track or tracks until
| the same are elevated or depressed as re-
/ CURED by the contract; and the Common
| Council of said city is hereby authorized
and empowered to enact ordinances of SAID
city against such operation upon such track
| or tracks in a penalty of not more than $50,
! day, which penalty may be recovered as
| other penalties fixed in ordinances are now
| recovered by law.
- The Common Council of such city
| shall have power TO order and direct the
| levy and collection of a tax not exceeding
| In any one year cents on each 500 of the
valuation of all property, shown by the
tax duplicate for that year, the same tC
| constitute separate fund, TO be known as
the elevated track fund to be entered as
! such on the books of the city controller
and TO be devoted exclusively TO the pay
ment of any obligation which may be un
| dertaken on behalf of such city, under the
| provisions of this act
| %. 1t is hereby declared that an emer
| gency exists for the immediate taking eff
| feet of this act and the same shall therefor,
| be in force from and after its passage"