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

railway company over said vtaduct for
the operation Of it's cars shall % re-
quired by the city to pay u the said
street railway company for the use OF
said tracks and the paving along said
tracks paid for by the said strset car
company and for the power furnished
by the street car company for the OPP
Grafton Of the cars Of said interurban
company, q tust and fair compensation
therefor, and tho said street car COM
pany shall have the right to make rea-
sonable rules, regulations and sched-
ules governing the operation OF the
cars Of said interurban companies upon
its tracks over and across said viaduct.
Section IL. In consideration OF the
agreements and conditions herein pro-
vided for the said steam raIlw avs shall
separately. each for itself. and In the
proportion hereinafter provided for.
agree that az soon az the city OF Mar
shalltown has provided and furnished
the necessary right of-way for such
viaduct and its approaches, and en-.
acted this ordinance. executed the
deeds, and approved the proposed
plans for said viaduct as il herein pro-
vided for. said steam railways Will or
der all necessary material. and with
all reasonable speed proceed to con-
struct viaduct and it's approaches
upon said South Third avenue. in the
city Of Marshalltown. extending from
the south line of Nevada street. in
said city, south distance Of about
1859 feet, to the north end Of Linn
creek bridge, as same is now located
and constructed. said viaduct and its
approaches to be constructed in ac-
cordance with the plans and specif1ca-
tons presented by said steam railways
to the city council Of Marshalltown.
and approved by said city council OF
MarshalltowE, as 10 herein provided.
and now on ale with the clerk OF said
city council. and to be known and rec
ognized as the plans and specifications
referred to and made part OF this
ordinance. actual work to be COM
menced on said viaduct and its ap-
proaches within sixty days after the
city has acquired. and, by written
notice. offered to the steam railways
the necessary right-of-way for the
construction and maintenance OF the
said viaduct and its approaches, said
viaduct and approaches 20 be COM
pleted and open for public travel with
in eighteen months from the date the
steam railway companies shall be re-
quired to commence construction OF
the said viaduct as herein provided,
acts OF God or unavoidable conditions
excepted: provided, further. that the
said steam railways shall have at least
until Dec. 81. 1914. to construct and
complete said viaduct and its APP
proaches. under the terms and condi-
tons herein provided: and said steam
railways. each separately for itself.
and in the proportion hereinafter pro-
vided for, agree to pay their respective
proportions Of the cost Of maintenance
Of said viaduct and its approaches. on
the basis OF the proportion CT the cost
of construction hereinafter provided
for. and az IL provided for in the stat
utes OF the state OF Iowa. subject.
however. to such contribution as IL
provided for in the use OF said viaduct
by interurban cars or the construction
Of new lines under said viaduct, that
H. such steam railways are to pay for
one-haN OF the maintenance OF said
viaduct and the city OF Marshalltown
assumes all obligations that are pro-
vided for by the statutes Of the state
Of Iowa. The said city OF MARSHALL
town is to primarily assume the care.
control ana maintenance Of said via
duct. and the city agrees to make all
necessary repairs. making bills to the
said steam railways. parties hereto. in
the proportionate amount which each
is liable for such repairs and main
tenance: It being agreed that such via
duct so to be constructed shall be in
accordance with the requirements for
Class b, bridge OF Cooper's specifica-
tons for highway bridges, dated 1909.
except the concentrated load shall be
provided for on each Of the two inter-
urban railway tracks Of thirty tons on
one track seven inch wheel base and
sixty tons on two tracks, thirty inch
centers.
Section IL The ultimate liability
undertaken by each Of said steam rail-
| ways under the terms and conditions
! of this ordinance, is separate and not
joint, and 10 undertaken by each COM
pany only in the proportion which each
company contributes to the cost OF
construction Of said viaduct- towit:
The Minneapolis & st. Louis Railroad
Company. SIS per cent, and the Chi
cago & Northwestern Railway Com
pany. S42-7 per cent and no further
lia biiity OF either OF said companies is
fixed. undertaken or assumed, than the
separate liability Of each company
herein provided for.
Section 49, Wherever in this crdi-
nance a right or privilege is granted or
liability assumed by said steam rail-
ways, or right or privilege granted
or liability assumed by any other cor
poration referred to herein. it is agreed
TO. and provided that such right and
privilege 10 granted and such liability
is assumed, not only by said steam
railways or other parties hereto. and
named herein. but in each instance by
| the successors, grantees. lessees, or as
! signs Of said companies.
! Section IL. Upon the final passage
! Of this ordinance by the city OF Mar
| shalltown, the same shall be submitted
| to the board of railroad commissioners.
of Iowa. for their Involvement and ap-
proval, and such ordinance contract
having been passed by the city coun-
fcil of Marshalltown, approved by the
board Of railroad commissioners Of the
state of Iowa, and accepted by said
steam railways, parties hereto. il to
become the Anal contract governing
the terms and conditions under which
said proposed viaduct is to be con-
structed and maintained.