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

rion Railway. Light g. Power Com
pany and the Columbus, Delaware &
Marion Railway Company. If pre-
sented by person to whom such
Is delivered within 20 min
utes after the time of said tranfer Is
issued as indicated by punch mark
or otherwise.
Section 8. The work or construc-
tion under this ordinance shall com
mence not later than the 18th day of
June, 1907 and said railway shall be
constructed in and through the city
OF Marion, Ohio, and shall be fully
Installed and in use for the public
prior TO the first day of January. 1908.
otherwise this ordinance shall be
null and void and the franchise
hereby granted shall be forfeited
and Of no effect And after the same
shall be constructed and in operation
the same shal then be operated con-
tinuously, and in case of failure for
any period of ten days to operate
and use said railway from any cause
other than strikes or unavoidable
causes, over which It has no control,
then in such cases this ordinance
may be forfeited and cancelled by res
olution of the council of said city.
Section 6. Before any construction
shall be commenced or any part of
such streets TO be occupied by said
grantee. its successors or assigns.
there shall be furnished by said
grantee a correct map with all nee
essary blue prints on which there
shall be laid out and marked the
route Of the line proposed to be con-
structed under this franchise, showing
a single track line and the location
and character of all the turnouts,
switches and loops. and no work to-
ward constructing shall be done by
said grantee until such plans are
approved by resolution Of the coun-
Gil of said city. And thereafter
whenever said grantee, its successors
or assigns. desires to construct addi-
tiOnal switches or turnouts they shall,
before doing so. prepare blue prints,
showing the location and length of
such switches or turnouts which shall
be approved by resolution OF the
council before any work is done upon
the construction of said switches or
turnouts.
Section Z All the work upon said
system of railway and every part
thereof shall be done in a good and
workmanlike manner, and all the ma
terials used in the construction. and
all the appliar ces employed in the OPP
Ieration of said system and every part
thereof shall be first-class and of the
best modern make. and such as is in
general and approved use by other
systems.
Section 8. The work of construct
ing, maintaining and repairing said
railway system shall be done so as
not TO interfere or injure any gas,
water or othe pipes, or any drain
.or sewer laid in any street or avenue,
or any telephone poles. or electric
light pole or wire, or any other
authorized structure, and in case any
OF the same shall be injured so as
to impair its usefulness said The
Columbus, Marion & Bucyrus Rail-
road Company, it's successors or as
signs. shall forthwith at its own ex-
pense, properly repair the same and
restore II to its former state of use
l..
all damages caused by such injury or
interferences.
Section o. The work of consfruc-
ton shall he performed so as at all
times to leave a clear space in the
street for the passage of vehicles
ana pedestrians, and In case the street
snail be torn up o. disturbed for
construction or repairs, Of such rail
way, the street service and cross
walks In such street as soon there
after as the same can be reasonably
done. shall be by said grantee, its
successors orassigns. restored and nut
In as good condition as they were he
fore being disturbed or torn up. and
any trench dug therein, or dirt or
other material or obstruction piled or
placed thereon, must be effectualIv
guarded by said railway company
its successors or assigns, day and
night. with sufficient barriers and
llghts so as to prevent accidents IN
persons or property, and said street
railway shall be so constructed and
maintained as not in any way to in
IerIere with the water flow IN anv
gutter OF such street. And sbouId
SAID railway company, Its successors
Or assigns, fail to comply with the
provisions of this section, then Tho
council of said city may authorize its
street commissioner or anv nronor
'ity official charged with the dutv
o make any repairs required bv This
at the expense of said rail-
way company, its successors or as
lgns. And the said grantee. lis suc-
'essors or assigns, shall before teor.
hg up any paved streets, deposit suf-
lolent money with the treasurer 10
ne cit yof Marion, Ohio. to nav tho
rlsihal costs OF such pavement form
lp INTO the city treasury for the use
v the abutting property holders IN
proportion TO the amounte ,ot,