Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-10-01

Section l. Said Farmers and Merx
chants Telephone company, its suc-
| 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 IL, 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 Mer4
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 save harmless the city OF
Marshalltown against all damages,
costs and expenses Of every kind,
which may result Ia consequence Of
the acts or neglect of said telephone
company, It's agents or servants, and
from any and all damages, loss orsex-
pense incident to the installing and OPP
GRAFTON Of said telephone lines, busi-
ness and exchange.
Section g.. This ordinance Is passed
on the understanding and agreement
that the said Farmers and Merchants
Telephone company, before awaiting it
self Of any Of the rights or privileges
granted herein, shall file with the city
clerk it's 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 the acceptance
Of this ordinance expressly agree that
in the event it 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 il such default or defaults shall
continue for period OF three months
exclusive Of unavoidable delay after
written notice thereof to It by the city
Of Marslalltown, 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 II. The franchise hereby
granted, shall have no force, validity
or effect until proposition Tor the
same has been submitted to vote OF
the electors of the city Of Marsha1l-
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 the
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 coup@S
ell and citizens reserve the right to
grant similar franchises to other per-
sons or corporations.
Section 10. This ordinance shall be
in force and take effect from and after
its passage, publication as by law
provided, and its ratification and adop-
tion by the qualified electors at the
election to be held for that purpose as
above provided. ss
Section IA. All ordinances and parts
OF ordinances in any manner in con-
iict with the provisions OF this ordin-
ance are hereby repealed.
| o, L. TNGLEDUE, Mayor.
Attest: L. DERBY, City Clerk.
The above and foregoing ordinance
was passed, approved and adopted and
title agreed to at a regular nesting
OF the city council held the 18th day
OF September, 1908. ssss ,ssa
o. L. NGLEDUE. Mayor.
Attest: L. DERBY, City Clerk.
Now, therefore, in accordance with
the said ordinance notice. As hereby
ligtven to the legal electors OF the city
Of Marshaltown, Iowa, that the prop
osition Of granting such franchise, a.
|,provided in said ordinance, Will 'De SUBS
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. 1905 in mani
ner and form as provided by law.
The form OF the ballot to be used ~
such election to determine whether
such franchise shah be granted shall
he separate from the ballot containing
the names of candidates for office and
shall be in the following form, to-
wit:
| "Shau the franchise named and de-
scribed in the following ordinance be
granted to the Farmers and Mer-
chants Telephone company"
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