Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-05-18

to be prc-rated among the steam rail-
ways constructing and maintaining
said viaduct and its approaches. In the
proportion which each Of said COM
panies shall contribute to the original
cost of same, and. in addition to such
sums so to be paid for the use Of said
viaduct by interurban cars or lines
such company or companies, so using
said vieduct in the operation of inter-
urban cars or lines. shall be required
by the city. as a condition precedent
to usch use, to contribute to the main
tenance of said viaduct and its APP
proaches in the proportionate amount
that the sum Of the contribution which
said company or companies make
bears to the cost Of said structure and
its approaches. 1t being agreed by the
parties hereto that the amount which
any interurban company or companies
shall contribute to the cost Of said via
duct shall be ten thousand dollars
$4,000. 0o) and the proportio OF the
maintenance to be borne by each OF
said interurban companies, under the
provision Of said section. Is 10 per cent
of the maintenance required from said
steam railways.
In the event that more than one in
terurban company uses the said via
duct and iss approaches. then each
succeeding interurban company will be
required to make equitable contribu-
ton to the cost and maintenance Of
said viaduct and its approaches. equal
to the amount herein provided for the
first interur5an company so using said
viaduct. Such contribution to the cost
of the viaduct and approaches, 80 con-
tributed by such subsequent interurboE
company or companies. Is 20 be pro
rated between such steam railroads
and such interurban companies as
have Heretofore contributed. in the
proportion that each contribution
bears to the original cost OF the said
viaduct. and each inter1lrban company
using said viaduct VIII be required to
contribute TO the cost of the mAinten-
ance of said viaduct and its ap-
proachee 10 per cent OF the annual
maintenance required from the said
steam railways: provided. further. that
if. at the time any interurban COM
pany desires to use said Tiaduct ana
it's approaches said viaduct and its ap-
proaches are not OF sufficient strength
to carry such interurban traffic with
safety. then such interurban company
or companies shall have the right at
the time IL Is desired to use said via
duct and its approaches, at their own
expense to strengthen said viaduct and
approaches SO as to carry such inter
urban traffic in safety. and any sums
paid out by an interurbsn company or
companies In SO strengthening said
yiaduct. prior to the time It is to be
used for such interurban traffic. shall
be credited upon the amound required
from said interurban company or COM
panes as contribution TO the original
cost.
Sector 2. In the event that any
steam railway. or interurban line or
lines Of railway, other than the lines
Of such steam railways as are parties
to this agreement, shall obtain the
right to construct and operate. and
shall construct and operate line OF
railrual or railway track or tracks.
whether steam or interurban. under
the said South Third avenue viaduct,
then. in such event. and AS condition
Of said city Of Marshalitown to lay
down such railway track or tracks. and
70 operate same. the said cit, OF Mar
shaIltown will compel such company or
companies, SO desiring TO operate its
road or tracks under the said South
Third avenue viaduct, to contribute 70
the railways passing under the riaduct
which have contributed to the cost
thereof. an eoufta BILE proportion OF the
cost Of said riaduct and its approaches,
and require such company or COM
panies &c operating its line Of tracks
to undertake and provide for q fair
and equitable proportion OF the cost OF
the maintenance OF said viaduct: such
contribution to the cost of said via
duct and It's approaches as is herein
provided for. to be the consideration
for the right to SO lay down and OPP
crate said tracks and same Is to be
divided among the said railways con-
tributing to the cost Of said viaduci
and 80 passing hereunder. in The pro-
, portion which each OF said railways
contributes to same: Il being agreed
between the parties hereto, the city OF
Marshalltown and said steam railways
parties hereto, that any other person
or company operating road or TRACK
under said viaduct or Its approaches
shall make fair and equitable contribu.
| ton to the cost OF construction and
maintenance Of said yiaduct and ii
approaches, as herein provided. 1t be-
| ing further provided. in the event ths
city council Of Marshalltown does no,
make such allowance as is herein con.
templated. satisfactory to said steam
railways or interurban companies, SAID
| steam railways. or either Of them, Of
such interurban companies. may ap
peal from the allowance made or re.
| fused to be made by the said city
council Of Marshalltown to the lows
| board OF railroad commissioners, sucf
Iowa board of railroad commissioner
being hereby constituted by the partie,
| to this contract as a board Of arbitra
| ton, to determine. on appeal. thu
amount Of such allowances ar are pro
vided for In this section.
Section 10. 1t il further agreed b!
the city Of Marshalltown and the sale
[! steam railways, parties hereto, that
in the event Of the extension OF tn,
present line of street railway now op
Grated on Third avenue. a. this TIM
! owned and operated by the Iowa Rail
way & Light Company. an Iowa cor
poration to the south, or the locatio,
and construction Of any street railway
upon said viaduct, such constructio,
or extension will be upon condition
that the said street railway company