Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-03-11

Ia lions or less capacity for ten dollars
($10) per annum. and larger boilers
in proportion, said boilers to be heat
ed continuously from September ID of
each year to May Is following and
at least three times day from May
Is to September Is 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 shall charge rate. pro-
portionate to the charge for the full
term, except that said company may
charge for the term of three months
| (3) where less than a three months
service is used. But in case that more
than three months service is used,
no charge will be made except for SER
vice actually used.
Section s. Said Peterson Heat,
Light & Water Company shall furnish
heat to all 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 s. Said Peterson Heat, Light
and Water Company will extend its
mains and service ON the application
for heat service Of four "a Of the own
ers of residences or other buildings on
the block next following the then ex-
listing main.
Section Z. 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
vo days written notice to make such
aepairs, and said city may retain the
expense thereby incurred out Of any
money due 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,
its 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
fees and all other expenses, and neglect,
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 OF
decree from said heating company in
any proper proceedings.
Section s. 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,