Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-05-17

~ ~ MA z aOA0
reasonable. they may cause said IN
yestigatfon. and inspections to be made
by persons skilled and competent TO
make said investigate and for that
purpose, may have access to the books,
records, vouchers and properties OF the
gas company at. all reasonable times;
but said investigations shall be con-
Quoted In such manner as not to IN
terfere with the transaction Of the bus
mess Of the gas company in the usual
way and the said gas company shall
not be required to permit access to It's
books, records or properties oftener
than once in each twelve 12) consecu-
tive calendar months, and the gas
company shall at all times keep and
maintain within the state OF Iowa,
complete records of its business.
Sec. 9. The privileges herein granted
in the preceding sections are mace
upon the condition that said gas COM
pany shall at all times, unavoidable &C
cidents only excepted, hold itself IN
readiness to furnish and shall tufnlsh
all gas required by said city. and the
inhabitants thereof. as herelnoe1ore
specified, and shall at all times fuliy
insure. Indemnify and save harmless
the said city of Marsialltown from all
causes of action, litigation or damage
Of any kind claims for which may De
made against the city. and from all loss
or damage Of any kind which may be
sustained by any person by reason OF
the present or future use or occupancy
Of any street. avenue, alley or pubhc
place, or by reason of defective, negh-
gent or imperfect closing Of all open
lngs made by it in said streets. ave-
nues, alleys or public places. and shall
permanently maintain. good complete
and substantial gas works, equal to the
best in any city of the same or less pop
ulation in the state of Iowa, and SHAH
at all times conform with. submit to
and carry out any ordinance now IN
force or that may hereafter be enacted
not inconsistent herewith. for reason
ably regulating or controlling the use
OF the streets. avenues. alleys and pub
lie places. by said company.
The city, if it so elects. may install
and II it does install. shall! maintain in
good order the necessary machinery or
apparatus for the testing of the quality
Of the gas furnished by grantees and
may cause the said gas furnished by
grantees 10 be tested by the use OF said
apparatus by a technical graduate from
standard educat ional institution who
is skilled in making said tests but the
gas company shall be given reasonable
notice of the time and place OF making
said test and If it is found by said
test, that the said gas fur
nished by grantees is not OF the
candle power or quality required by
the terms and conditions OF this ordi-
nance. then said grantees shall pay all
reasonable expenses OF making said
test or tests and shall at once cease
and desist from furnishing gas OF 9TH
e- or different quality or of less candle
power or heat units than required by
this ordinance.
The city council may also by ordi-
nance provide for the testing of meters
and in case meters 50 tested shall DE
found TO be incorrect the account OF
the consumer for the three CD months
next preceding the ties: shall be ad-
justed on the basis of the error found
on such inspection, but said gas COM
pany shall receive reasonable notice OF
the time and making OF said tests, but
no variation of less than two per cent
(2Ge) from accuracy shall be considered
an error.
The employee OF the company a: the
time of reading the meter of any con-
sumner shall leave at the meter or
place on a hook or nail. If one is pro-
yided convenient to the meter. state
ment showing the name of the con-
surner, the meter reading and the date
of same.
Sec. 10. William G. Bows, Isaac B.
Smith, John A. Reed and r. 5. Cook
shall. within thirty (50) days from and
after the passage and adoption OF this
ordinance by the qualified electors Of
the city at q special election called for
that purpose. file With the city clerk
of the city of MaTshalltown. Iowa, their
acceptance in writing OF the terms and
conditions Of this ordinance and upon
their failure so TO do, this ordinance
shall be void and no longer binding
upon the said city or the said grantees.
Sec. II. The grantees herein agree
that the rights. powers and privileges
conferred upon them are granted to them
upon the following conditions, to-wit:
that within one % year from and aft
err the acceptance OF this ordinance,
they will extend the system of street
railway Of the city to a poin. within
one hundred (100) feet Of the city park
and also, to within one hundred AMI
fifty $50 Feet OF what is commonly
known as the Fair Grounds" that at
such time as q yiaduct is constructed
over the railway tracks Of the Chicago
& Northwestern railway on Center
street, First, Second or Third avenues,
they will extend the present system of
street railway along and over said via
duct, to May street; provided. however.
that the grades Of the approaches to
said viaduct are suitable for the con-
struction. maintenance and operation
of a street railway and that the said
viaduct is Of sufficient strength and
capacity SO that the cars OF the gran
tees can be safely operated thereon.
The grantees shall only be required to
operate said extension to the city park
between May 1 and November I of
each year and shall be required to
operate the fair grounds extension the
year around 80 as to furnish reason
able accommodations to the public, but
| in the event of the fair grounds being
! removed and the factories in the vi
cinity ceasing to operate. the car line
may be discontinued or the route en-
| tirely changed with the consent Of the
city council.
| Grantees herein also agree within
! five 90 years from and after the pass
age and adoption Of this ordinance. to
make extensions aggresating one and