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Converted from paper version of the Broad Ripple Gazette (v11n01)
Old Town of Broad Ripple Meeting Minutes #134
posted: Jan. 10, 2014

The Town of Broad Ripple was incorporated in 1894, and started holding regular meetings at that time. In each issue, I will print my transcription of the old Town of Broad Ripple meeting minutes. These are taken from the original, hand-written minutes that contain many spelling errors. I have transcribed all the records as they were entered, including errors. I will make some corrections to the text in brackets [ ]. The original minutes books are at the Indiana State Archives at 6440 E. 30th St.

Here is the one-hundred thirty-fourth installment:
The Traction Company ordinance part 2

All right and privileges granted by this ordinance are granted to the Grantee, its successors and assigns, for a term of fifty (50) years from the passage and acceptance of this ordinance. In the event of the discovery of any new power suitable for street or interurban railroad purposes, the Grantee, its successors and assigns, may use the same in the operation of said railroad, but this shall not authorize the use of steam motors or locomotives.

SECTION 2.
The track of said Grantee, its successors or assigns, shall be laid in all cases in the center of the street, as far as practicable, except where a double track is contemplated being put down, and said track shall be so laid that the center line of the street shall be the center line between the tracks. When a double track is contemplated and only one track is laid, then said track may be laid only with the consent of the Board of Trustees of said town at any other place then the center of the street, and when it is so laid with such consent, it must be laid at such a distance from the center of the street as will make the center line between the two tracks when laid the center of the street, and so laid that when a double track is laid only so much space shall be left between the two tracks as is necessary for cars to pass in safety; and all side-tracks, switches, turn-outs and turntables shall be so constructed and maintained at all times as not any way to obstruct or impede the free use of said streets by the public, beyond the extent reasonable necessary for the purpose of the construction and operation of said railway. In all cases, said Grantee, its successors and assigns, so far and as soon as practicable, upon the completion change or repair of any of its tracks, or any portion thereof, shall replace any such street and make the same as good and passable for the general public as it was before such track or tracks were placed in position, changed or repaired, and this provision shall include alleys and street crossings intersected by such tracks.

SECTION 3.
Whenever said Grantee, its successors or assigns, shall construct any part of its railway upon any street that has not been built or improved to established grade by said town, then any such track or tracks shall be built as near as practicable to the surface of the street, but when any street has been built to an established grade by the town, then and in every such case the said Grantee, its successors or assigns, shall conform said tracks, switches, side-tracks and turn-outs to such established grade, and said town shall, upon reasonable notice at all times by said Grantee, its successors or assigns, require the Town Engineer to furnish such grade upon all streets, and, also, the center line of all streets.

SECTION 4.
A "T" rail may be used in the construction of any of the tracks laid by said Grantee, its successors or assigns, and should any street or part of street be paved with brick, asphaltum, stone, concrete or other similar durable material, the track may be laid with rails at least five and three-fourths (5-3/4) inches in height, upon ties laid upon gravel or broken stone foundation, so that the top of the rail when laid shall be flush with the pavement on the outside; and said Grantee, its successors or assigns, shall put in its track when a street is being paved so as not to unnecessarily delay the street contractor in his work, and all ties used in the construction of any tracks, side-tracks, turn-outs or switches shall be laid and at all times kept and maintained at such depth as not to be exposed above the surface of the street, or interfere in any way with the public travel, beyond the extent reasonably necessary for the purpose of constructing and operating said road.

SECTION 5.
Said Grantee, its successors or assigns, may take up or alter any track laid by it, but it shall put the vacated street in as good condition for travel for the general public as it was immediately before such track was taken up; and in case of laying, relaying or repairing its track, said Grantee, its successors or assigns, shall put the street in as good condition as it was before said laying, relaying or repairing was done, and when said Grantee, its successors or assigns, shall occupy any street or part of any street that has been improved by said town by gravelling the same, said Grantee, its successors or assigns, shall repair all that portion of such street lying between the ends of the ties of its track, whenever the same becomes out of repair by reason of the maintenance and operation of said railway, and shall keep and at all times maintain the track in a condition so that the rails and ties of said track shall not interfere with the public travel on said streets more that is reasonably necessary to operate said railroad, and not to interfere with crossing of or driving upon said tracks by vehicles, and when said Grantee, its successors or assigns, shall occupy any street or part of any street that has been improved by said town by paving with stone, brick, asphaltum, concrete or other similar durable material, as said town may designate, said Grantee, its successors or assigns, shall repair all that portion of such street lying between the rails of its tracks, with like durable material, whenever the same becomes out of repair by reason of the maintenance and operation of said railway, and on failure of said Grantee, its successors or assigns, to repair such part of such street after reasonable notice to it by said town so to do, then said town may make or cause to be made such repairs at the expense of Grantee, its successors or assigns.



alan@broadripplegazette.com
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