The Marion daily mirror. (Marion, Ohio) 1892-1912, 1907-05-28

lls w - ~ III ale poor WHO WISH
TO be cured free must present them
selves at the Opera House tonight,
as free cases are not treated at
the Hotel.
ORDINANCE NO. Al. Granting
leave and permission to the Columbus,
Marion and Bucyrus Railroad Com
pnny, its successors and assigns. to
construct, maintain and operate a
street railway over, along and upon
certain streets in the City of Marion,
Ohio. f
PREAMBLE.
Whereas, on the third day OF De-
cember 1906, the Columbus, Marion e
Bucyrus Railroad Company made APP
plicatlon in writing to the council of
the City of Marion. Ohio, for the
right TO construct, maintain and oper-
ate street railway over, along and
upon certain streets in the City OF
Marion. Ohio. hereinafter specifically
set forth; and
Whereas said application has been
published. according to law; and
Whereas. The Columbus, Marion &
Bucyrus Railroad Company has made
q bid for such route. which said bid
offers rates of fare. which are the
lowest rates bid, and has previously
Iobtained the consent of a majority of
the feet front upon each of the said
streets or parts thereof on the line of
said proposed railroad, represented by
the property abutting thereon, all of
which will more fully appear of rec
ord in the councils proceedings; now
therefore,
Be It ordained by the council OF the
City of Mat ion, Ohio:
Section |. That there be and Is
hereby granted to and vested In The
Columbus, Marion e. Bucyrus Rail
road Company it's successors and as
signs, the right privilege and fran
, chise to construct. maintain and op-
crate a street railway in. over, along
and upon such streets in said City
Of Marion, Ohio, as is herein and may
be hereinafter designated and de-
scrihed, together with the right, pow
er and authority to construct, main
/ tain, own and operate in, over, along
and upon said streets, and parts OF
streets of all needful turnouts, switch
es, side tracks, curves. loops, Y's,
Ipoles, wires and all necessary fixtures
land appurtenances to support and
complete said railway in said City OF
Marion; said street railway is to be
run and operated by electricity or
other modern motive power except
steam. and for the purpose of trans
porting passengers. baggage and ex-
press matter. freight and United
States Mail for hire. upon the fol-
lowing streets, towit. Along and up
on North Main Street from the Gard
en- City Pike, or Playground street.
north to the North line of the Cor
poration upon said street. The fran
lchises and rights, powers and privi-
leges hereby granted are to be held
and continue for the period of
twenty-five years from and after the
tpassagc OF this ordinance: and all
Ithe rights, franchises, powers and
privileges hereby granted shall terml-
nate and cease. provided, however
that all the rights, franchises. pow
ers and privileges herein and here
by granted are given, granted and
conferred upon, and subject to the
terms conditions, slipulations herein
after set forth. The said grantee Is
hereby prohibited from hauling any
stock cars along said streets, except
between the hours of 10 y. m. and s
o'clock a. m.
The said city of Marion hereby re-
serves the right to grant permission
TO any other street railway company
to operate its cars upon and over the
tracks of the said The Columbus.
Marion & Bucyrus Railroad Company.
on the streets above named, upon
such terms as to compensation and
mode of use as they may agree TO.
Dut upon failure of the said grantee
herein and the company desiring to
use SAID tracks as aforesaid to SO
agree within thirty days, then this
council shall have the right to pre-
scribe the terms and fix the compen-
sation aforesaid for such use, and the
same shall be binding upon both com
panies, but said compensation shall
be reasonable and compensatory.
Section 2. The tops OF the rails Of
all tracks which are laid under this
franchise shall strictly conform to the
established grade of the streets and
avenues, and in the event OF anv
changes beiug made in the grade of
any part of such street, said companv
snail, at its own expense, promptly
reconstruct its track so as to conform
10 such new changed grade.
Section 3. The city of Marion, Ohio
by It's Mayor and officers or the fire
department in cases of fire, at any
-lme may cut or otherwise remove anv
u the wires or poles of the said sys-
EN- to afford convenient and unoh-
',ructed access 10 or egress from the
'iace OF any such fire.
section a. Said company and its
successors or occfa,nc ,I.n - ,,,,