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


the city of Marion. or county of Ma
rion, then the same shall be done only
at the cost and expense of such other
parties or corporation and under such
conditions as the council Of said city
may impose, and such person or cor
poration shall be liable for damages
caused by their negligence or miscon-
Duct in such matter, and all work
shall be done so as not to unneces-
sarily interfere with the use of the
grantee, its successors or assigns.
Section-11. The said The Columbus,
Marion e. Bucyrus Railroad Company
its successors or assigns. shall nt and
provide all trolley wires with good
and sufficient guard wires wherever
necessary.
Section 70. All policemen and fire.
men. when on duty, shall be permitted
to ride on all cars free Of charge
when wearing the official badge Of
their department
Section 10. Snow shall not be
removed from the tracks of said rail-
way system into the contiguous parts
of the streets TO such an extent as to
unnecessarily impede travel thereon.
And such grantee shall cause that por-
ito nof the street occupied by its
tracks and for one foot on each side
thereof to be sprinkled whenever the
city or abutting property owners cause
the rest of said street TO be sprinkled
and on failure to do so,the council of
the city may order that portion Of
the street so occupied by said grantee
as aforesaid springled and shall charge
the cost and expense thereof to said
grantee. to he collected as other
taxes of the city. which shall be the
first and best lien on said grantees
property.
Section IA. All poles used In the
construction and operation Of said
railway system, through and in the
said city of Marion, for hanging troll
ley wires. or for other purposes. shall
he of such patterns as is in approved
use. and shall be placed at the in
side edge of the curb line, as ordered
by the city cou,cil and not so as to
obstruct any drainage, and when In
the opinion of the council OF said
city public necessity or convenience
require It, the said honorable council
aforesaid shall have authority to
order any pole removed at the eX-
.pense Of the grantee, and established
at another location, and said poles
shall be kept well painted, at all
times. and the said council of said
Icity further reserves The right by or
dinance to regulate all crossings or all
tracks constructed under this ordin-
,ance.
Sec. 10. The said grantee or any
person company or corporation who
may succeed to the ownership OF the
franchise hereby granted shall promp--
ly restore said street or any part OF
the same excavated or interfered with
in any manner, with he same ma
terial, to as good condition as the
same were prior TO the beginning OF
such work, And whenever, at any
time, the city OF Marion may see
proper to cause the repair or improve
ment of the street occupied by said
railway company, then in such event,
the said railway company agrees to
pay In the manner directed by the
council Of the city of Marion all the
.eXpense of repairing or improving
by paving or otherwise. all that part
.of said street lying between the rails
and the tracks thereof, and for n
distance Of one foot on each side of
said track or tracks, as the case may
be- and with the same material as the
council may cause to be used in re-
pairing or improving the remainder of
that part of said street, and when at
any time the city Of Marion deems
II proper and necessary 10 permanent
ly improve the street or any part
thereof. upon which said railway Is
located, then, In that event, the said
The Columbus, Marion & Bucyrus
Railroad Company, its successors or
assigns, shall, before the work of said
Improvement is begun, lay the entire
track or tracks on all that part of
said street or avenue TO be improved
as aforesaid, with tee rail of standard
weight and pattern; and said grantee
shall Immediately make all repairs for
that portion of the street occupied by
II and one foot on each side, that may
become necessary from time to time.
Upon notice so to do by the city
council or any other officer of the
city charged with the control of repair
work upon said street: and If said
grantee shall fail or neglect to make
said repairs for the period OF three
days after service OF notice, then. I'm
that event, the council Of the city or
any other officer having charge Of
said street, or the repairs or improve
ments thereon, may make such repairs
and improvements, and charge the
cost and expense thereof 10 said
grantee, which may be placed ,pon
he tax duplicate for collection and
he same shall he the first and hest
len of the grantee.
Section 16. Said railway companv
shall strengthen all bridges and cul-
'ens so that the same will be safe