Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-05-03


electricity, or other construction than
that prescribed herein, 1t 10 hereby au-
thorixed to make the necessary con-
struction and installation for the use OF
and transmission Of said power 30
adopted, but steam or animal power
shall not be adopted.
The city reserves the right to lay or
cause to be laid or repaired, gas pipe.
water pipe, steam pipe, hot water pipe.
electric and other conduits and sewers
and all other street Improvements and
improvements for the proper drainage
of said streets.
Sec. 10. The rights herein granted
and conferred upon grantees are SUBJ
ject to the rights of the. city to make
such reasonable rules, regulations and
ordinances as to the manner of laying
down said tracks and constructing said
transmission lines and manner of op-
Grating said cars and rates ofssspeed
that the public safety may require. and
said cars shall at all times be operated
at reasonable rates Of speed and not
in any event to be operated in the busi-
ness district Of said city to exceed fif-
teen (15) miles per hour.
Sec. II. II it shall become necessary
for any person to move across any
streets or alleys, any house or building
of such type or size az may interfere
with the poles, wires, or other con-
struction Of the trolley, transmission
or distribution systems hereby author
lied. the grantees shall temporarily re-
move the poles and wires, so far az
necessary to allow the passage of such
house or other building, for a reason-
able period of time. not exceeding five
(5) hours; but said grantees shall not
be required to remove said poles sor
wires except between the hours Of one
% o'clock in the morning and six co.
o'clock in the morning of the same day.
and also provided that the route. hour
and day selected for removing said
building shall be first approved and
deemed to be suitable by the city engi-
neer, designated by him in written
notice to grantees delivered twenty
four (2D hours prior to the time Of
said removal, accompanied by the rea-
placement to be paid by the owner Of
the building, said reasonable cost to be
fixed by the city engineer.
Sec. IL. It is further provided that
the officers and members Of the flre
department Of said city may, in case Of
fire, cut and remove any Of the poles
and wires of grantees wherever neces-
sary for the protection Of property and
persons, and no claim shall be made by
grantees against the city for said cut.
ting or removing.
Sec. 10. The said grantees shall
carry within the city limits all mem
bers Of the police and fire departments
of the city wearing the insignia Of their
offices and while on duty. free of
charge, subject to the same rules and
regulations of the company governing
the carrying of other passengers except
as to fare.
Sec. IA. Said grantees shall hold the
city harmless of any and all causes Of
action. litigation and damage caused
or accruins thru or by reason of the
construction. reconstruction. mainten-E
ance and operation of said railway, and
all transmission and distribution lines
used in connection Herewith.
Sec. Is. Grantees herein are hereby
authorized to charge not to exceed five
60 cents for any one continuous ride
by the most direct route between
points on its lines within the corporate
limits Of the city. ~
+ Sec. 16. The grantees herein as soon
as they become possessed of the street
railway system of the city shall i'm.
mediately proceed to and shall put the
tracks, cars, and other equipment In
first class condition and within a rea-
sonable time provide new and com.
modious cars of such size and capacity
SO that said street car system shall be
possessed of sufficient and ample car
equipment to accommodate and handle
the passenger business Of said street
railway system. including the extern
sion provided for by this ordinance
and all other extensions, unusual con.
ditions only excepted, and shall from
time to time provide such additional
equipment as the increase of business
may require, all cars, tracks and other
equipment shall at all times be main
tanned in first class condition.
The said cars shall be operated and
run so as to give an Is minute service
on the cemetery and soldiers home
lines and all other extensions except
to the city park and fair grounds and
service of nine (9) minutes between
Third street and the depot and reason
able service to accommodate the pub
lie on the city park and fair grounds
extensions. But this guarantee Of
service shall not prevent the Street
Railway Company from Installing q
more frequent service.
Sec. II. The rights. powers and
privileges granted by this ordinance
are hereby granted to, conferred upon
and vested in grantees for q period OF
twenty-five (25) years from and after
the acceptance Of this ordinance by
grantees; but this ordinance shall not
be construed as prohibiting the said
city from granting rights to other
street or interurban railways upon or
over the streets and alleys of said city,
and grantees herein shall within thirty
900 days from and after the passage
and adoption Of this ordinance, by the
qualified electors of the city at spec
cial election called for that purpose,
file with the City Clerk of the City Of
Marshalltown, Iowa, its acceptance In
writing of the terms and conditions Of
this ordinance and upon Its failure so
to do. this ordinance shall be void and
no longer binding upon the city or
said grantees.
Sec. Is. The grantees herein agree
that the rights, powers and privileges
conferred upon them are granted to
them upon the following COM
ditions, to-wit: that hin one
a. year from and after the
acceptance of this ordinance,
they will extend the system OF street