Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-04-30

Dows. Isaac B. Smith. John A. Reed
and r. 8. Cook. their successors o.
assigns, within the city Of Marshall
town, Iowa, to acquire. construct
reconstruct, maintain and operate
systems of either. street or inter
urban railway or both, transmission
and distribution lines thereof AM
other construction necessary for thu
use of any motive power, excep'
steam or animal power, In the oper'
alton of said railway systems.
Be it ordained by the city council
of the city Of Marshailtown. Iowa:
Section 1. Permission and authority
are hereby granted and conferred up
on William G. Bows. Isaac B. Smith,
John "A. Reed, and r. s. Cook, their
successors or assigns, to enter upon
the streets, avenues, alleys and bridges
of the city of Marshalltown, Iowa, now
or hereafter opened, extended or
erected, and upon all or any part OF
any of said streets, avenues, alleys and
bridges, to acquire. construct, recon-
struct, maintain and operate systems
of street or interurban railway or both,
including but without limita ton of the
foregoing grant, single or double track,
side tracks, turnouts. switches, poles
transmission and distribution lines,
overhead trolley wires. ground wires
and other construction necessary or
convenient to the maintenance, con-
struction reconstruction and operation
Of said railway system or systems, by
any motive power except steam or ami
NAL power.
All tracks, except side tracks, shall
except where conditions require an
other location, be laid along the center
of the street unless another location Is
authorized by the city council.
Sec .. In this ordinance, the word
City refers to and means the City OF
Marshalltown, Iowa: and the word
grantees" refers to and means Will
lam G. BOWS, Isaac B. Smith. John A
Reed and r. S. Cook and their sue
cessors or assigns.
Sec. 3. Said grantees are hereby
granted the right to extend the said
transmission and distribution lines, au
thoriZed by this ordinance for SAID
railway system, by means OF poles
wires or other necessary or convent
cnt construction over, along or upon
any of the alleys, streets and avenues
of said city so 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, to
construct reconstruct, maintain and
operate power plant or plants general
ing current for the operation of the
said railway system hereby authorized
Sec A. 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 1S) 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
tic 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
three (23) feet above the surface of the
street or alley beneath, but the city
may require grantees. at grantees own
expense, to relocate any pole or poles
in any other suitable location, and all
transmission and distribution lines,
shall, SO far as practicable, be con-
structed in the alleys.
Grantees herein, before constructing
any new transmission or distribution
lines, shall obtain q written permit
from the city so to do and the city
shall issue said permit to grantees
herein under reasonable terms and
conditions
Sec s. 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
(12) 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 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
G2) 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 p1anking the
same
Sec. 8. The said grantees shall not
tear up, excavate or obstruct any street
except in accordance with the provis-
ions of the ordinances Of the city, and