Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-10-15

shal have in active operation and con-
nected up, at least three hundred acts
ual and bona fide subscribers in thu
city of Marshalltown, Iowa, Inc shall
increase their system to meet the de-
mand of subscribers thereto.
Section 6. In consideration of the
grant of this ordinance, the Farmers
and Merchants Telephone its
successors and assigns, grants to the
said city of Marshalltown, telephone
service at one-half the regular rates
charged for similar service.
Section Z. Said Farmers and Mer-
chants Telephone company, its sue
cessors or assigns, during the term OF
this ordinance, shall furnish upon de-
mand, telephone service to the people
OF Marshalltown not to exceed the fol-
lowing rates, subject to the establish-
ment of uniform rates by the city
council Of all telephone service within
the corporate limits of said city on or
after April 10, 1920.
For business telephone. per month,
$3.50. for office telephones. per month,
81, for individual residence telephone,
per month, $3.50.
Section 8. Said Farmers and Mer-
chants Telephone company, it's Sue
cessors or assigns shall pay any and all
damages that may accrue from the
laying. repairing, removing or operat-
ing their poles, wires, cables, conduc-
tors, conduits and system, and shall in.
demnify and saw harmless the city cH
Marshalltown against all damages,
costs and expenses of every kind.
which may result in consequence Of
the acts or neglect of said telephone
company, its agents or servants, and
from any and all damages, loss o. ex-
pense incident to the installing and OPP
GRAFTON of said telephone lines, BUSH
ness and exchange.
Section 9. This ordinance Is passed
on the understanding and agreement
that the said Farmers and Merchants
Telephone company, before availing it
self of any Of the rights or privileges
granted herein, shall file with the city
clerk its acceptance of all Of the terms
Of this ordinance, which shall consti-
tute a waiver of any and all of the
objections on the part of said telephone
company, of any rights or privileges at
variance with the terms and provisions
of this ordinance. And the said accept
ance and waiver shall be In writing
and filed within thirty days from and
after the passage and approval of this
ordinance, and shall preclude the said
telephone company, its successors and
assigns from calling In question any Of
the terms, restrictions or conditions
provided and imposed herein.
Section 10. The Farmers and Mer-
chants Telephone company, its suc-
cessors and assigns, by he acceptance
of this ordinance expressly agree that
in the event 1t shall make default in
the observance or performance OF any
one or more Of the agreements, duties
or obligations imposed upon It by any
of the provisions of this ordinance,
and If such default or defaults shall
continue for a period of three months
exclusive OF unavoidable delay after
written notice thereof tosit by the city
of Marshalltown, then the city of Mar
shalltown. by its council, shall be en-
titled to declare this grant and all the
rights and privileges acquired hereun-
der to be forfeited and at an end.
Section IL. The franchise hereby
granted, shall have no force, validity
or effect until a proposition for the
same has been submitted to a vote of
the electors of the city of Marshall
town at the next general election as
provided by the code OF Iowa. Any
expense incurred by reason of the
submission of this proposition to h
qualified voters Of Marshalltown, Iowa,
at such general election shall be paid
by the Farmers and Merchants Tel
ephone company, its successors or as
signs.
Section IL. The rights herein grant
ed shall not be exclusive but the coun-
Gil and citizens reserve the right to
grant similar franchises to other per-
sons or corporations.
Section IS. This ordinance shall be
in force and take effect from and after
it's passage, publication as by law
provided, and its ratification and adop-
ton by the qualified electors at the
election to be held for that purpose as
above provided.
Section IA. All ordinances and parts
of ordinances in any manner in con-
lict with the provisions of this ordin-
ance are hereby repealed.
o. L. INGLEDUE, Mayor.
Attest: l.. DERBY, City. Clerk.
The above and foregoing ordinance
was passed, approved and adopted and
'LIClG dSIcCu IL dI BIN
of the city council held the 14bh day
of September, 1908.
o. L. INGLEDUE, Mayor.
Attest: L. DERBY. City Clerk.
Now, therefore, in accordance with
the said ordinance notice is hereby
given to the legal electors of the city
of Marshalltown, Iowa, that the prop
osition of granting such franchise, as
provided in said ordinance, will be sub
united to said electors at the general
election to be held at the regular vot-
ing places in the several wards Of said
city on Tuesday, Nov. 8, 1908, IN man
ner and form as provided by law.
The form of the ballot ito be used at
such election to determine whether
such franchise shall be granted shall
he separate from the ballot containing
the names of candidates for office and
shall be in the following form, to-
wit:
"Shall the franchise named and de-
seribed in the following ordinance be
granted to the Farmers and Mer-
chants Telephone company"
............... ...............
Yes