Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-01-28

/ ton and Terminal Company two years
ago, is operating under and bound by
the franchises of the two former COM
panies, with the exception of the provi-
sions as to fares, which are suspended by
order of the Indiana public service COM
mission. Samuel Ashby, corporation cOun-
sci. is authority for these statements.
Both of the franchises give the board
the right to order the Street Railway
Company to do track repairing and re-
surfacing within a certain time or suf-
fer a S5O-a-day, penalty. II the COM
pany fails to do the work the board OF
works may either have the work done
itself and charge the cost to the COM
pany or assess the penalty until the com
pany does make the improvement. II
the company fails to pay either the cost
Of the improvement or the penalty the
city may collect it from the $50 700 bond
which the company, under the franchise,
is compelled to file with the city. 1t
was stated at the board Of works Of
fee that the company now has on file
such a bond in the city comptroIler's
office.
The board, however, has persistently
ignored this power.
REQUIREMENT.
OF FRANCHISE.
Paragraph of the franchise Of the
Indianapolis Street Railway Company,
found in section 3017 of the Municipal
Code of 1917, provides that the com
pany shall pave the space between all
the rails, including the space between its
tracks where there are double tracks,
switches or sidetracks, and for a dis
lance Of eighteen (1S) inches on the out
side Of the outside rails of its tracks
III A.
said space under specification both as
to material and manner as may be pro-
Weed by the board Of public. works. and
shall repave the same when necessary
and ordered by the said board, and keep
the same in repair. said paving and re-
pairing to be done under specifications
both to material aud manner as may
be provided by the board and under the
supervision of the city engineer of said
city; and said company shall also keep
IN repair that part Of the floors of all
bridges or culverts crossed by any of
its tracks which is situate between the
outer rails Of said tracks and for dis
lance of eighteen u.s. inches on the outer
side Of such outer rails, and also the
space between the tracks where there
are double tracks; and in case of failure
on the part OF said company to make
any such improvement or repairs as
aforesaid, either to streets, avenues or
alleys or bridges, as herein provided,
upon reasonable notice by said board,
then the said board of public works shall
bave the right to proceed to make any
such improvement or repairs, and the
cost of making same shall be paid by
said company to the city on demand and
the collection thereof enforced as any
other valid debt"
MUST DO WORK ON
REQUEST OF BOARD.
Paragraph Of the same franchise pro- /
vldes that, in any case where the board /
OF works orders the improvement Of any
thoTOughfare in which the company's !
tracks are laid, the company, on request I
or the board Of works, must pave between |
its tracks with the same kind Of ma |
terial used by the contractor on the other |
portion of the street, unless specifically /
permitted to use another kind, and with /
the same diligence pursued by the con-
tractor.
The section further states:
II, in any such case, the said improve
Taent TO be made by said company or |
any part OF such street, avenue alley I
or public place aforesaid shall not be |
completed In accordance with the orders /
and specifications of said board within /
twenty 900 days after the completion /
of the improvement of the other part
OF such street, avenue, alley or public |
place made by such contractor. then the
said board of public works may cause
the unfinished part Of said improvement
10 be finished In accordance with the
specifications for such improvement there
tOtOre made. and the said company. party
Of the second part, agrees and binds It