The Marion daily mirror. (Marion, Ohio) 1892-1912, 1907-06-04


lmence 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
thereby granted shall be forfeited
and of no effect. And after the same
shall be constructed and In operation
the same shal then he 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 II has no control,
then IN such cases this ordinance
may be forfeited and cancelled by res-
omtlon of the council of said city.
Section 6. Before any construction
shall be commenced or any part OF
such streets to he 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 he laid out and marked the
route OF the line proposed to be con.
lstnucted under this franchise, showing
a single track line and the location
land character OF all the turnouts.
switches and loops. and no work to-
ward constructing shall he done by
said grantee until such plans are
approved by resolution of the coun-
ell of said city. And thereafter
whenever said grantee, It's 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 he. done IN q good and
workmanlike manner, and all the ma
terials used IN the construction. and
all the appliar ces employed in the op-
Ieration of said system and every part
thereof shall be frst-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 other 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 it's usefulness. said The
Columbus, Marion g. Bucyrus Rail-
road Company, its successors or as
signs, shall forthwith at its own ex-
pense, properly repair the same and
restore II to its former state of use
fulness, and shall be answerable for
all damages caused by such injury or
interferences.
Section 0. The work OF construc-
ton shall he performed so as at all
times to leave clear space in the
street for the passage of vehicles
and pedestrians, and In case the street
shall 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, it's
successors Orassigns, restored and put
In as good condition as they were be-
fore being disturbed or torn up, and
any trench dug therein, or dirt or
other material or obstruction piled or
placed thereon, must be effectually
guarded by said railway company,
It's successors or assigns, day and
night, with sufficient barriers and
lights 50 as to prevent accidents to
persons or property, and said street
railway shall be so constructed and
maintained as not in any way TO in
terfere with the water flow In any
gutter OF such street. And should
said railway company, its successors
or assigns, fail to comply with the
provisions of this section, then the
council OF said city may authorize its
st@t commissioner or any proper
city official charged with the duty
to make any repairs required by this
sectton, at the expense of said rail-
way company, ITS successors or as
signs. And the said grantee, its sue
cessors or assigns, shall before tear
ing up ANY paved streets. deposit suf-
fclent money with the treasurer of
the cit yof Marion, Ohio, to pay the
original costs of such pavement torn
mp into the city treasury for the use
of the abutting property holders in
proportion TO the amounts paid by
them, and the city, respectively.
Section 10. The council shall, at
any time, have power TO order said
grantee, its successors or assigns, to
cause any track or tracks to be talk
en- up and relald when they shall
deem It necessary for the purpose of
repairing bridges, grading or re-grad-