The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-05-13

SO Leqals

which It belongs or its point of destina-
ton, and so illuminated as that it may
readily and easily be seen by persons OF
ordinary eyesight.
Article A.
The franchise or right hereby granted to
Indianapolis Railways. incorporated, TO
lines and cars, upon and over the streets
herein named. shall be for the term OF
ned by. the law relating to an indetermi-
nate permit. which it automatically be-
comes. or may become. as provided in "An
act concerning public utilities. creating
public service commission. abolishing the
Fallroad commission Of Indiana. and con-
mission on the public service eommSssio, .
approved March 4. 1918. or any amends
mentS thereof. but no extensions of such
shsu any other or additional streets or
PUBIC places be used for the operation OF
ssid tTackkss trolleys nor shall any OF
streets herein DESIGNATED be abandoned BY
salo company, unless lawful permission
pany.
Article s.
Inc right is hereby given to the Gem
the abandonment OF any track or tracks
IN any street herein named and over
t Mnlen hsj hSekiess trolley cars are at any
tb 5sTSs; poles pole and other appurtenances
moved UNDER the pfov isSn t6ack S,s are re
independently of any street improvement
pIolec, the Company agrees to restore the
| conform in condition and type of i'm
provement TO the portion of such street
the oers sd and in &c With
OF Public Works and Sanitation and
subject to its approval and solely at the
ference with the use Of said Street and
Win proper Saiegu r,Tcls during such work.
Where any street railway. tracks Of tha
company are in and upon the city streets.
whether they are used by said Company
Tor street railway cars or whether they aro
abandoned for further use by street rail-
way cars. the Company shall. entirely as
It's own expense, place and maintain she
entire space occupied by said track or
tracks and between same. including a
space OF ID inches from the center 81 the
outside rails of double tracks or from each
ran OF a single track, in a good and safe
STATE OF repair; free from Instructions to
the use OF said street and generally in a
manner similar to that in which said track
or tracks are now improved. The COMPANY
agrees to expend the sum of S750, 900 for
the rehabilitation of its street car tracks
upon which the Company will continue to
operate street cars and of that portion of
tne streets occupied by such tracks where
the same will be rehabilitated out of the
proceeds OF loan made to the Company
by the United States of America and az
permitted by the Federal Emergency Adj
mlnlStration of Public Works.
Article 7
ord dne ~ company tI agrees upon the written
c..
Shs dnddi made at any time after the
aDanoonment of any track or tracks in
the rails of, its abandoned and unused
racks rack ana the ties of such tracks if not
the unmsed IN no nard paving material also
tenances thereto. at its own expense. but
without obligation on the Company to re-
the orders and direction of the Board OF
Public Works and Sanitation; provided,
nMo however, that the said Board of Public
moi nrdo
direct the removal of more than two street
miles OF such abandoned track or tracks
further, that no such tracks Shall be or
dered removed by said Board so long as
under the provisions Of Article shall
average as much as two miles of removed
track per year; and in any year in which
made said Board shall credit the Company
Win any excess of such track over such
average, and such order, shall require the
removal in such year only of the difference
between such excess and two miles. The
company ny 1urther agrees that at any time
a1Uer the abandonment of any track or
tracks in any street herein named for use
by trolley cars. the said City may remove
out, any expense to said Company and
without any obligation on the Company to
restore such street; and in the event the
City does remove said tracks at its ex-
pense. then the Company agrees that the
CITY may keep and retain the said rails
that the said City may have the beneflt Of
the proceeds therefrom: provided. that be-
l l,, the CITY removes any such track it
It's intention to do SO, specifying therein
the track or tracks which the city desires
intends to remove the same, and the Conn
pany may then within thirty DAYS from
the REGENT Of such notice notify the City
IN writing that 1t elects to remove such
track or tracks within the time stated in
sucn notice, and if such election is made
the City shall not remove such track or
tracks unless the Company fails to re-
move the same within such time. but if
Ine company fails to make such election
within said thirty days. the City may then
remove such track or tracks.
for me tb company agrees to pay the. City
used by the Company for trackless trolley
car operation where street cars are not
Of Three Hundred and TW iei s p reie
lars and SeVenty-siX Cents (S32476 per
mule mule per annum from and after March 26,
annually as. herein provided Upon the
first day of July and the first day Of
file With q the ea e0a4 year IF the bo shall
Sanitation a verified statement showing
the actual number of miles of such streets
the. preceding period and shall also set
forth any additions to such service or
any abandonmentS thereof made during
which said additions or abandonments
were made; a copy of such statements
Snall az SAID time be filed with the City
controller and the City Civil Engineer
From such statement so filed there shall
De computed the average number of miles
OF such streets actually used for trackless
trolley purposes during said period and
me amount due said City at said rate of
| 1874 70 per mile per annum, or at the OPP
! tlonal rates hereinafter provided; and on
| said dates the said Company agrees to
| pay to the City Controller the amount
| then due for the preceding period, to-
| gether with interest at the rate of 6Gs
| per annum after said date upon any paw
ments not paid when the same become
due as herein provided. 1t is expressly
provided however. that in view of the
TACT that the said Company has hereto
lore obligated itself to pay large sums
as installments upon the purchase of
equipment during the ensuing years.
that the Company may, If it so elects pay
Inc City in accordance with the rates
nxed IN the schedule following, to-Wit:
$1,000 per mile per annum during 1895:
Szl1.O0 per mile per annum during 1897:
$1,000 per mile per annum during 1893:
$4,000 per mile per annum during 1899;
S4OO.OO per mile per annum during 1910:
$40. 90 per mile per annum during 194l:
S449.32 per mile per annum during 1912;
And during the 9th year and each en-
suing year thereafter during the term Of
this agreement the sum of S324.76 per
mile per annum as hereinabove pro-
vided for. In determining the number OF
miles OF streets SO used by trackless troll