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



The grade crossing bill. prepared by VIII
liam Fortune, is in full as follows:
81. Be it enacted by the General Assembly
of the State of Indiana: THAT for all pur-
poses of this act the population of any city
in this State, now, or at any time in the flu
ture, shall be deemed TO be that shown by
the United States census next preceding
such time; and that all cities of this State
of more than 100000 population shall have
the powers conferred by. and be subject 10
the provisions of this act.
''2 Every such city shall have power by
and through it's Board of Public Works and
Common Council in the manner prescribed
in this act TO require and compel every cor
poration company or person owning or OPP
Grating any railroad situated in such city
or extending into or through such city, 10
elevate the tracks of such railroad or any
part thereof, above the surface. of the
ground. and above the grade of all streets
and alleys, crossing or interesting such
railroad. for the purpose of enabling travel
on such streets and alleys TO pass beneath
the tracks of such railroad. and in like man.
ner every such city shall have power TO re-
quire and compel every owner or operator
of such railroad TO depress the tracks
thereof or any part thereof below the
grade Of all streets and alleys crossing or
intersecting the same, for the purpose Of
permitting travel on such streets and alleys
to cross and pass above the tracks of such
road and above the locomotives and car
riages operated thereon.
'3. If it be desired to cause the tracks or
elevated above the surface of the ground
and above the grade of the streets and al
leys crossing or intersecting such railroad,
or, II IL be desired to depress the same be-
| low the surface of the ground and below the
grade of such streets and alleys-in either
event the Board of Public Works shall
adopt a resolution ordering and directing
| the owner or owners of such railroad to so
| elevate its tracks or any designated part
thereof. or to depress the same. as the case
may be.
I'm case the elevation of such tracks is
ordered such resolution shall designate
with reference to a substantial monument
or monuments, the horizontal plane of ele-
| walton beneath which the bottom of the
superstructure supporting such tracks over
any street or alley shall not come at any
| point over such street or alley; and ii shall
| also designate where and what sized sup
| ports, If any, to such superstructure shall
| be allowed TO be placed in any such street
alley.
IN CASE OF DEPRESSION.
"And in case of depression of such tracks
! such resolution shall designate the hori-
zontal plane Of depression for each street
or alley with reference to a substantial
monument or monuments, above which no
part of the track of such railroad shall
come under such street or alley. Such reso-
| luton shall also specifically designate what
| part portion of such railroad tracks is
| ordered to be so elevated or depressed. as
/ the case may De- anu IL SLdli dlSO In Tic
time within which the work of such eleva-
| ton or depression shall be completed after
/ the taking effect of the ordinance approx
| ing such resolution of the Board of Works;
| provided, however, that in shall
| the time fixed be less than six months
| after the taking effect of such ordinance.
when such resolution is adopted by the
| Board of Public Works, the same shall in
| all cases be submitted by them to the COM
| mon Council of such city and approved by
/ ordinance said Council before the
| same shall take effect. II said resolution
| be approved by ordinance of such Council.
such ordinance shall be published once each
week for two weeks consecutively in some
newspaper printed in such city, and the
| same shall take effect and be in force from
and after the end of one week after the
last of such publications.
| ~ Upon the taking effect of any ord-
nance provided for in the above section of
| this act. il shall be the duty of the owner
| or owners of any railroad mentioned in
/ such resolution of the Board of Public
| Works to proceed 10 elevate or depress the
| track or tracks of its road in accordance
/ with the order and terms OF said resolution.
| and TO complete such elevation depres-
| sion within the time fixed by such resoiu-
| ton.
IS After the expiration of the time fixed
in such resolution OF the Board of Public
| Works for the elevation or depression of
| any such railroad tracks IL shall be unlaw-
| full for any railroad company to operate any
| trains. locomotives or cars over that por-
/ ton of its tracks in said city ordered in
| such resolution TO be elevated or depressed,
| If such tracks have not been elevated OF
depressed in accordance with the require
| ments of such resolution; and said city or
/ any person interested may enjoin such
| railroad company, its successor or assigns.
| from operating such locomotives, trains
/ cars over such portion of said track or
/ tracks until the same are elevated or de-
| pressed in accordance with the require
ments of such, resolution. And the City
| Council of such city Is authorized and en-
| powered to enact ordinances fixing a pen
| atty of not more than 500 per day for every
| day that any such railroad company att
| tempts TO operate any such railroad after
| the expiration of the time fixed in such res
| olution without having complied with the
requirements thereof. which penalty may
| be collected other penalties of city ordi-
nances are now collected.
&c. Instead of proceeding in the manner