Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-06-12
autnori.ed 81 .thsI lIcityl eso,,lnlcil.

I"City." .rsfers to and means the City O
MArshalltown, Iowa; and the word
"Grantees' refers 70 and means VIII.
lam q. Dows, Isaac b. Smith, John a
Reed and r. 8. Cook and their sue
cessors or assigns.
Sec. 8. Said grantees are hereby
granted the right to extend the said
transmission and distribution lines
authorized by this ordinance for said
railway system, by means OF poles
wires or other necessary or convent
ent construction over, along or upon
any Of the alleys, streets and avenues
OF said city 30 as to connect said rail-
way system with electric power plants
furnishing current for the operation
Of said railway system and grantees
herein are hereby authorized within
the corporate limits OF said city, .tc
construct. reconstruct, maintain and
operate power plant or plants general
ing current for the operation of the
said railway system hereby authorized
Sec. 4. The overhead trolley wires OF
said railway system may be supported
by cross wires extending across the
tracks and all cross wires shall be at
tached to poles, posts or other supports
at such heights so that the lowest point
of said trolley wires shall be not less
than eighteen ds) feet above the sur
face of the streets; and all poles on
streets shall be placed within or near
the curb line SO as not to impede pub
lie travel, and shall be painted: and
the wires Of the transmission and dis
tribution lines placed upon poles and
brackets shall not be less than twenty
oh ~ he
street or alley beneath, but the city
may require grantees. at grantees own
expense, to relocate any pole or poles
transmission and distribution lines
structed in the alleys.
Grantees herein, before constructing
any new transmission or distribution
lines. shall obtain a written permit
from the city so to do and the city
shall issue said permit to grantees
herein under reasonable terms and
conditions.
Sec. 5. The grantees shall, when re-
quested by the city, permit their poles,
so far as may be done without inter-
fering with the free use and enjoyment
Of their own wires and fixtures, to be
used for the purpose OF maintaining
thereon any wires which may be neces-
sary for the use of the police or fire
department Of said city, free of ex-
pense to the city but said city shall
hold the grantees harmless from any
and all causes Of action. litigation or
damage caused or accruing. directly or
indirectly, by or thru the placing OF
the city's said wires upon the poles OF
grantees herein.
Sec. 6. Whenever said tracks shall
be laid on paved streets, the pavement
already laid shall be paid for by gran
tees as provided by law and when any
street is paved along the tracks Of said
railway hereby authorized, said gran
tees shall cause the portion Of said
street between the rails and twelve
I2) inches outside of the rails to be
paved and grantees shall maintain said
paving: but any paving laid between
the rails and also for two CD feet out
side the rails shall be Of such kind and
character as to permit Of its removal
and replacement for the making Of
necessary repairs to the track.
Sec. +. The said tracks shall be so
laid as to afford q safe crossing for
vehicles upon paved streets. and at all
street intersections where streets are
not paved, grantees shall cause the en-
tire space between the rails and twelve
u2) inches beyond the rails Of said
track to be planked from property line
to property line, meaning thereby the
| width of intersecting streets, whenever
and wherever ordered by the council OF
said city, and shall at all times Keep
the same in good repair, but the gran
tees shall have the right to pave said
| intersections instead of planking the
same.
Sec. 8. The said grantees shall not
| tear up. excavate or obstruct any street
except in accordance with the prov1s-
| ions of the ordinances Of the city. and
sr..ll replace all paving or macadam
removed by it and repair such street
torn I'D. excavated or INSTRUCTED In as
good condition as before being torn up
or cxcayated and to the satisfaction OF
the city.
In cleaning snow from the tracks OF
said railway, grantees shall not be per-
mi,ted TO pile snow along the sides OF
said railway so as to obstruct or hinder
travel on said streets or avenues Du'
they shall spread the same evenly over
| the surface Oh SUcu StiSSeS Va - -
so as not to obstruct or hinder rave
on said street.
Sec. 9. The construction hereby au'
thorized shall be made in the most APP
proved manner to prevent, so far as
possible, electrolysis or injury to I'M
dersround water, gas or other pipes. II
however, said grantees shall at any
time adopt motive power other thar
electricity, or other construction tna'
that prescribed herein, it is hereby au-
thorized to make the necessary con-
struction and installation for the use
of and transmission Of said power Sc
adopted, but steam or animal power
shall not be adopted.
The city reserves the right to lay OF
cause to be laid or repaired. gas pipe
water pipe, steam pipe. hot water pipe
electric and other conduits and sewers
and all other streets improvements ane
| improvements for the proper drainage
Of said streets.
| Sec. 10. The rights herein granted
and conferred upon grantees are SUD
iect to the right Of the city to make
such reasonable rules. regulations ane
ordinances as to the manner OF laylns
down said tracks and constructing sale
Transmission lines and manner OF OPP
Grating said cars and rates OF speed
that the public safety may require ahe