The Marion daily mirror. (Marion, Ohio) 1892-1912, 1907-09-07

1""'' my Niu'h VI ltdChS 10 ne tdk-
EN- up and relald when they shall
deem It necessary for the purpose
Of repairing bridges. grading or re-
grading or improving any streets or
avenues, or constructing any sewers
or laying any water pipes, steam or
gas pipes therein, provided that when
such tracks are ordered taken up and
relaid for the benefit or convenience
Of any person or corporation other
than the city Of Marion. or county
of Marion 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 corporation shall be liable
for damages caused by their negli-
gence or misconduct in such matter.
and all work shall be done so as not
to unnecessarily interfere with the
use Of the grantee, its successors or
assigns
Section II. The said Marion & SUI
'burban Railway Company it's sue
cessors or assigns. shall nt and pro-
vide all trolley wires with good and
sufficient guard wires wherever nee
.essary.
Section 12 All policemen and fire.
men, when on duty, shall be permit
ted to ride on all cars free of charge
when wearing the official badge of
their department
Section 13. snow shall not be re-
moved from the tracks of said railway
system I nthe contiguous parts of the
streets to such an extent as to un-
necessarily impede travel thereon.
And such grantee shall cause that por-
tion of the street occupied by its
tracks and for one foot on each side
thereof to be sprinkled whenever the
city or abuttlng 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 gran
tee as aforesaid sprinkled and shall
charge the cost and expense thereof
to said grantee to be collected as
other taxes Of the city which shall be
the first and best lien on said gran
tees property.
Section a. All poles used in the
construction and operation of said
railway system. through and in the
said city of Marion, for hanging
trolley wires, or for other purposes.
shall he of such pattern as is I'm APP
proved use and shall be placed at the
inside edge of the curb line, as or
dered by the city council, 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
shall have authority to or
der any pole removed at the ex-
pense of the grantee, and established
at another location, and said poles
shall be kept painted, at all times.
Section Is. The said grantee, or
any person company or corporation
who may succeed to the ownership Of
the franchise hereby granted shall
restore said street or any
part of the same eXcavated or inter
fered with in any manner, with the
same material. to as good condition as
the same We're prior to the beginning
Of such work And whenever, at
my time, the city Of Marion may see
proper to cause the repair or improve
nent of the street occupied by said
'ailway company, then in such event,
he said railway compang agrees TO
)ay in the manner directed by the
council of the city of Marion, all the
expense of repairing or improving by
)aving or otherwise, all that part OF
laid street lying between the rails and
he tracks thereof, and for a distance
II one foot on each side of said
rack or tracks, as the case may be,
ity may cause to be used in repairing
n improving the remainder of that
,art of said street, and when at any
ime the city Of Marion deems it prop
II and necessary to permanently i'm
'rove the street or any part thereof,
lpon which said railway is located,
hen, in that event the said The Ma
ion & Suburban Railway Company,
is successors or assigns, shall, be-
ore the work of said Improvement is
'egun, lay the entire track or tracks
m all that part of said street or av-
niue to be improved as aforesaid.
With tee rail of standard weight and
ection and said grantee shall immed-
ately make all repairs for that por-
ion Of the street occupied by It and
me foot on each side, that may be-
ONE necessary from time to time.
Jpon notice so to do by the city coun-
ii or any other officer of the city |
harged with the control of repair
york upon said street and If, said |
rantee shall fail or neglect to make
aid repairs for the period of three
ays after service of notice, then, in
hat event, the council of the city or
ny other officer having charge of |
aid street. or the repairs or improve |
lents thereon, may make such repairs |
nd improvements. and charge the |
ost and expense thereof to said |
rantee, which may be placed upon
ne tax duplicate for collection and |
ne same shall be the first and hest
nn Of thp cyrantaa