Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-09-18
NOTIFIES MAYOR AMENDMENT IS
AGREEABLE TO COMPANY
PROJECT UP TO COUNCIL.
FORMAL AccgPrANcEs
ALL THAT ARE LACKING
Railroad Commission Will Accept
Changed Ordinance, Says N. S.
ketehum-M. 4 st. /. Interest in
Amendments Secondary to North.
western's-city to Get Right. off, Way.

The South Third avenue viaduct
project is again nominally up to the
city council. AS matter of fact the
project has not actually advanced to
that status since the amended ordi
nance was passed, but It will be in a
short time. as only purely formal pro-
ceedings are now necessary to put the
project again UP TO the council to pro-
vide the right Of way. as was the con-
dition of the undertaking before the
ordinance was changed.
The Northwestern railroad. which
refused to agree to the amendment
proposed in the ordinance. will now
accept that document. The city was no.
titled to that effect by James c. Davis.
of Des Moines. Iowa attorney for the
road. in letter received by Mayor I
S. Willard this morning.
Commissions Acceptance Needed.
According to Mr.. Davis the state
railroad commissions acceptance OF the
amended ordinance is necessary. AS
soon as that acceptance is given the
railroads have twenty days in which to
file formal written acceptance.
" s ketchum. of the railroad COM
mission. is authority for the statement
tina. the acceptance Of the railroad
commission is scarcely needed. as 1t
has already accepted the ordinance,
and also because the Northwestern
has now accented the ordinance as
amended This formality will soon be
disposed Of.
The acceptance OF the NJ & ST. L.
is needed. but as its interest in the
amendment of the ordinance Is only
secondary. II is expected that 1t will
accent at once. as soon as 1t has been
advised that the Northwestern has
consented to accept.
Right Of. Way Next.
As soon as these two formal accept
ances are on file. the project will then
await the securing of the right DIVA
by the city council. This consists in
settling with the owners of property
abutting the avenue alongside where
the viaduct will be built for the prop
erty damages caused by the viaduct
over the street. There will be no prop
erty damage to pay south Of the north
line of the Northwestern's property. as
all the land on both sides is owned by
the two railroads.
Probably institute Proceedings.
Preliminary steps have been taken
for the city by a committee OF busi-
ness men. who were asked to act Tor
the council. to try and reach an agree
ment with property owners regarding
the amount OF damages. Not much
progress was made by this committee.
Mayor Willard said this forenoon.
we have exhausted our preliminary
efforts to arrive at a settlement of
these damages" the mayor said. AS
soon as the acceptances OF the COM
mission and the railroads are received.
and the League of municipalities meet
ing is out OF the way. the mayor said
the council would take steps at once
to secure the right ofway.
It is not known what proceedings the
council will start to accomplish this
end. but II is very probable that con-
domination proceedings will be begun
thru a sherifrs jury.
Leaves Avenue Open.
The acceptance of the amended or
dinance by the Northwestern removes
all likelihood that either side of South
Third avenue from the north line Of the
Northwestern's property south to with
in six feet of the north rail Of the
company's south main line, will ever be
closed. George Herman. as a council
man. raised the first objection TO va
eating this part of the street and deed
ing II to the Northwestern. The ma
ior;ty passed the ordinance over his
vote. The same objection was renewed
nv MAYOR Millard and Councilman
Nicholson.