Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-08-19
RAILROADS TO oUARAN.
TEE THAT ACCESS TO UNION
STATION BE NOT CLOSED.
ASKS FOR AMENDMENT;
RAILROADS DECLINE
Lawyers for Northwestern and M. &
st. /. Refuse to Consent to Amend.
ment Guaranteeins Surface Route
Along Third Avenue to Station and
Yards-council Takes No Action.

project that has lain dormant ever
since the old administration all bu,
passed the viaduct ordinance. was
opened again today when the members
Of the council met lawyers and engi-
neers Of the Northwestern ard the NJ
& St. L. The conference was for the
purpose Of considering phase OF the
ordinance regarding the vacating of u
certain part OF South Third avenue
that Is abutred by Northwestern prop
e-ty.
me objection raised is the same one
that George Herman raised in the old
council. Il IS the objection 10 vacating
the part Of Third avenue from the
north line OF the north main line.
without getting into the ordinance tina,
the railroad company shall not close
up the sides Of tie vacated property
ana thus prevent access along the sur
face o. the avenue 70 the union depot
grounds and the team tracks OF, the
east side.
Nicholson Renews Objection.
Ihis objection has been renewed
principally by Councilman W. E. Mich
olson. After spending most OF the fore
noon in conference with the lawyers
and engineers, no agreement was
reached The railroad lawyers would
not agree TO open the ordinance again.
after il had been agreed to once, for
the purpose Of inserting provisional
clause that the railroad IS not TO close
UP the sides of the street along this
section OF the avenue.
The lawyers and engineers gave oral
assurance that the railroad had no
thought or intention OF closing up this
ready means az access 10 its property
The self interest o. the company
would not permit IT," said j c. Davis
Of Des Moiaes. Iowa attorney for the
Northw esteren Blu, the lawyers would
not consent 20 have the ordinance
amended TO prevent closing up the
sides OF the avenue.
Railroads Ready TO Build.
Additional objections raised TO An
amendment such as the council wants
! were that 10 open the ordinance would
require that j, and the plans ne again
submitted 10 the railroad commission
and would result III ,ong delay. In ad-
dition they contend that conditions in
the city might al some time demand
also that the plans for the viaduc,,
which are q part OF the ordinance,
show the property line unobstructed
under the benrs over this section o.
the street.
! Mr.. Davis MADE the assertion that
The Northwestern was ready to build
and had appropriated the money TO 90
SO. Ii wanted 10 get 10 work on the
project.
Decline Amendment.
City Solicitor f Z. No-thup pointed
out 20 the railroad attorneys that II
the Northwestern did not intend 10
close the part of the avenue in contro-
yersy il should have no objections &c
an amendment to that effect being in
serted in the ordinance. He prepared
an amendment, providing against the
closing cf the sides of the street. except
in case the Union station should be
moved TO some other site, but the rail-
roads lawyers would not agree to it.
Later the city solicitor recommended
10 the council tina, il pass the ordi-
nance 10 its final adoption without tbs
amendment. 1t is his opinion that thu
city, either by itself, or thru the state
railroad commission. could prevent the
Northwestern from closing the avenue
against travel 70 the union station
along the surface Of the avenue afte!
the viaduct was built
No Action Taken.
OF the council members Nicholson
is the most strongly opposed to passing
the ordinance without the amendment
the city wants. Mayor Willard ant
| Councilman Lamb, the latter ot ".hcrr
| was in on the controversy for the same
thing when it was up before the oit
council. are "a Their inclined TO pass ths
ordinance and get the viaduct project
/ under way.
| This ordinance. when passed, con
n stitutes a contract between the cit!
| and the railroad companies. The ordi'
( nance and plan for the viaduct have
been approved by the railroad commits
/ sion. and all that it requires TO make
1t effective is passage by the council
| When passed it requires the railroad
l companies 10 start building within si1
| months after the city has furnished thu
] right of-way and to have the viaduc
! completed by Dec. 81, 1914.
II The council, which had adjourned
| Monday until this forenoon, adjourned
| again until next Monday without TAX
ing any action on the viaduct ordi
| nance. 1t is possible that it may com
up at next Mondays meeting.