Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-03-04

company fails to fulfill the above guar
antee, said company shall furnish and
install sufficient radiation free of
charge to accomplish the results guar
anteed herein. In all buildings where
heat service is desired from the Pet
erson Heat, Light & Water Company
the installation of the radiation and
piping system must be subject to the
approval of the engineer of the Peter
son Heat, Light Il Water Company,
and when SO approved, the above guilr-
antee shall be fulfilled by said com
pany. Said Peterson Heat, Light g.
Water Company shall charge not to
exceed twenty cents coco per square
foot for radiation. all for an eight
months service. commencing on Sep
TENDER Is of each year and ending
on May is following, which period
shall be The heating season whenever
so designated in this ordinance.
The said Peterson, Heat, Light &
Water Company agrees to furnish heat
for heating range boilers of forty
gallons or less capacity for ten dollars
(S10) per annum. and larger boilers
in proportion, said boilers to be heat
ed continuously from September 15 OF
each year to May is following and
at least three times Il day from May
ID to September 1b OF each year.
Said heating company further agrees
where service is to be used for a por-
ton OF the year only during which
service is agreed to be furnished that
said company shah charge a rate pro-
portionate to the charge for the full
term. except that said company may
charge for the term Of three months
service is used. But In case that more
than a three months service is used.
no charge will be made except for SER
vice actually used.
Section 5. Said Peterson Heat,
Light & Water Company shall furnish
heat to I'LL persons along the line of
its pipes and conduits, wherever pro-
per piping and radiation has been
placed in the building or buildings
where service Is desired, as herein
provided, upon application of the per-
son desiring such service.
Service connections to be made at
the property line of such applicant.
Section 6. Said Peterson Heat, Light
and Water Company will extend its
mains and service or, the application
for heat service Of four CD of the own
ers Of residences or other buildings on
the block next following the then ex-
listing lnsin
Section T. The said Peterson Heat,
Light and Water Company shall, while
eXcavating or otherwise obstructing
any street, alley or public place in the
city, for the construction, removal, ex-
tension Or repair of any of its pipes or
conduits. keep such excavation or OBJ
struction properly guarded and lighted
to- prevent accident or injury, and re-
store the same to as good condition as
before such excavation was done. In
case of the failure of said heating COM
pany to do SO, or should said alley,
street or public place be left out OF re-
pair on account of excavation made by
said company, or become out of repair
by reason OF such excavation, then and
in that case, the city of Marshalltown
may make the necessary repairs, to
same, after failure of said company on
two days written notice to make such
repairs, and said city may retain the
expense thereby incurred out of any
money tlue or becoming due said COM
pany from the city. And in case there
be no money due said company from
said city, then said city may commence
suit in any court having jurisdiction
for the recovery of such expense and
said company shall be liable for the
amount of such expense, together with
all costs.
1t is Further Agreed. that in case any
suit or action at law be commenced
against the city of Marshalltown upon
any claim for damages arising out of
any loss, injury or damage charged to
have been caused by any obstruction
or excavation, in any street, alley or
public place in said city, and which
obstruction or excavation was made,
left in, under, or upon such public
street, place or alley by said company,
it's agents or employees, upon being
notified by said city of such action or
proceeding, said company shall appear
and make proper defense thereto, and
if any judgment or decree in any such
case be rendered against the city, said
company hereby agrees to assume and
pay such judgment or decree and all
the costs thereof, including attorneys
refusal or failure of the Peterson Heat,
Light and Water Company to comply
with the provisions OF this section,
shall render this ordinance null and
void forthwith, and said city may re-
cover the amount of such Judgment or
decree from said heating company in
any proper proceedings.
Section 8. The city shall at all times
have the right OF way for the laying
of sewer, water, gas pipes and all other
conduits and installations of whatever
nature, and, the said Peterson Heat,
Light and Water Company shall not,
in any manner interfere with any such
pipes mains, conduits or installations
already laid in the streets of said city.
or which may hereafter be laid by said
city, and in case of any pipes of the
said Peterson Heat, Light and Water
Company obstructing or interfering
with any sewer, water, gas pipe Or
main, conduits or other installations
about to be constructed or repaired by
said city, the said heating company
shall, upon forty-eight hours notice in
writing given by said city, remove any
Instructions that may interfere with
the laying of sewer, water gas pipe.
mains, conduits or other installations by
said city, except during the heating
season, and in case of any failure of
said company to SO remove it's pipes,
conduits or other installation, said city
may remove the same and the cost of
such removal shall be paid by said
company.
Section 9. Said Peterson Heat, Light