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


Providing the terms and conditions
under which . viaduct. with ap|
proaches. extending from the south
line OF Nevada street 10 the north
end OF Linn creek bridge, las now
located and constructed). on South
Third avenue in the city Of Mar
shalitown Iowa. shall be constructed
and maintained: rsiso eacatine GER
tain portions Of South Third avenue.
and further containing the terms
and conditions OF an ordinance cone
ract by and between the city OF
Marshalltcwn and the Minneapolis K
ST. Louis Railroad Company and the
Chicago & Northwestern Railway.
under which the viaduct and its APP
proaches are to be constructed and
maintained.
Whereas. the city council OF the city
OF Marshalitown, on the eleventh day
of July, 1910. enacted Ordinance No.
declaring the necessity for .
viaduct over the tracks Of the Iowa
Central railway and the tracks Of the
said Chicago & Northwestern Railway
Company, where the said tracks cross
and intersect said South Third avenue:
in the city Of Marshafltewn: and
Whereas the Iowa Central Railway
Company on the first day OF January.
1912. cid. by sale and conveyance,
transfer all Of its property rights and
franchises TO the Minneapolis & St
Louis Railroad Company. by virtue OF
which the last named company became
possessed of all the properly therein
described. and was subrosated to all
the rights and privileges formerly held
by the Iowa Central Railway Company
therein: and
Whereas. the Iowa board OF railroad
commissioner. on the second day OF
October 1911. duly approved the
necessity for such viaduct; and
Whereas. it tse judgment IF the city
council Of the city OF Asrshalltown
that. m connection with the construc-
Tin. maintenance, and use Of said via
duct. and TO insure the safety Of the
public in the use Of the same, and for
the purpose of compelling the public
to use the same and thus avoid the
dangerous crossing of tracks OF said
railways. it is for the public interest
and welfare Of said citl Of Marshall
town, and its inhabitants, to vacate the
, portione Of South Third avenue here
| matter more specifically described, and
that such potions Of said street when
! vacated shall revert to and become the
! property Of the owners OF land abut-
i ting on the portions of the street 80 to
be vacated:
Therefore for the purpose OF ex.
pressing in detail the terms and condi-
tons Of the contract by and between
the city OF Marshalltown and the said
railway companies. under which said
| South Third avenue viaduct shall b<
| constructed and maintained. the FOL.
lowing ordinance 10 to be enacted BY
| the said city council Of the city OF Mar
shalltown, Iowa.
| Section !. The city 81 Marshall.
town, as lie provided for in sections III
Of the code OF 1897 and TIA OF thu
supplement to said code Of 1907, vii
&C au:re and furnish to said Mime
apolis 4 st. Louis Railroad Company
and said Chicago 4 Northwestern
Railway Company. Hereinafter re-
ferred to and Designated ~ the stean
railways), all necessary right OF way
and provide for the payment OF a
damages to abutting or adjacent prop
erty owners, a. will fully authorize tn
construction and maintenance OF salt
vidauct and its approaches on soutl
Third avenue, commencing at tn
south side Of Nevada street and ex
tending south q distance Of about LILO
feet to the north end Of Linn cree'
bridge, as such bridge ~ now locates
and constructed, such night OF way =
be obtained by the city u Aefshelt
town by agreement or preccoAings Il