Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-05-18
AN ORDINANCE

I > .
Notice ID hereby given that the
adoption Of the ordinances hereinafter
set out have ny authority of q rssolu-
ton OF the city council OF MARSHALL
town, Iowa, been submitted to the
legal voters Of the city Of Marshall
town, at . special election to be held
for that purpose on tie 2Sth day OF
Mey. 1912. Said ordinances being as
follows to wit:
An ordinance authorizing William @.
Bows. Isaac b. Smith. John A. Reed
and r. 8. Cook. their successors OF
assigns, within the city Of Marshall
town. Iowa, to acquire. construct
reconstruct, maintain and operate
power plant or plants for the sener-
alton Of electricity. systems for the
transmission, distribution and use OF
# electricity and to furnish electric
light. electric power and eelctric cur
rent to the public.
Be It ordained BY the city council OF
the city Of darshalltown. Iowa:
Section 1. Permission and authority
are hereby granted to William u.
Dows, Isaac b. Smith. John A. Reed
and r. 3. Cook. their successors or
nssi4ns. within the corporate limits OIL
the city Of Mar0halltown. Iowa, as the
same now are or may hereafter be 10
Gated or extended. to acquire, con-
struct. reconstruct, maintain. operate
and use q power plant or plants for
the generatioh OF electricity whether
said power plant or plants have been
heretofore or may hereafter be erected
and to enter upon the public streets,
alleys and highways, bridges and pub
lie places OF said city now or hereaft-
er opened, extended or erected; and
therein, thereon. hereunder and there
over to erect, construct, use. maintain,
operate and reconstruct systems for
the transmission, distribution and use
Of electricity to consist of electric
wires, poles. conduits and other con-
struction necessary or incident to said
systems and their use, Whether said
systems have been heretofore or may
thereafter be constructed. to sell or fur
nish electric light. electric power and
electric current to the city. its inhabt-
tants, Industries, railways. interurban
railways, street railways. the public
and all applicants for light. power or
current and to carry on a general cleo
trio light and power business.
Sec. 2. In this ordinance, the word
Getty" refers to and means the city Of
Marshalltown. Iowa, and the word
grantees" refers to and means Will
liam G. Bows. Isaac 3. Smith, John A.
Reed and r. g. Cook their successors
or assigns.
Sec. 3. Said transmission and dis
tribution system, hereafter erected. in
GLIDING the poles. wires. conduits and
other construction, shall SO far as
practicable, be constructed and erected
in and upon the alleys of said city
with the wires upon said poles and
brackets at least twenty-three (23)
feet from the surface Of the street or
alley beneath; and said construction
shall be put up and maitained in ac-
cordance with the specifications Of the
National Board of Fire Underwriters
IN force at the time Of said construc-
ton. The poles. wires. conduitss and
other appliances Aforesaid and all the
apparatus connected herewith shall be
located. arranged. adjusted and main
tanned SC az not to endanger persons
or unreasonably to interfere. electrical
~ or otherwise, with other electric ap-
rliances erected prior thereto or with
s.ny improvement the city may deem
proper to make. nor unnecessarily him
der or obstruct the free use Of streets,
avenues. alleys. bridges or private or
public property.
Sec f. Whenever grantees, in erect
ing, constructing or maintaining said
poles, conduits or appliances. shall
take up any pavement on the streets
or alleys Of said city or shall make any
excavations therein or in any Of the
public places of said city. such excava-
lions shall be at once refilled and pave
ments replaced under the direction Of
the city engineer, and all surfaces
made as good as before by the said
grantees. or, in case Of their failure so
TO do az promptly as practicable. the
city or any abu:ting property owner
may do the same at the expense of the
grantees, and said grantees shall be
liable therefor in civil action for cost
Of same: and provided, further. that
when the grade Of any street. avenue
or alley Of said city is changed. said
grantees shall change and remove said
poles, posts or conduits so as to con-
form with said new grade and meet the
requirements hereinbefcre mentioned
MS to the height of wires above said
alleys ard streets, oil ct said grantees
ONu SApCA1oSs ouL Inc Gay llioS iSA0A =
the grantees. at grantees own expense.
to relocate any pole or poles In any
other suitable location.
Grantees herein. before constructing
any new transmission or distribution
iEes. shall obtain a written permit
from the city so to 60 and the city
stall Issue said permit to grantees
herein under reasonable terms and
conditions.
{ Sec. s. II It shall become necessary
for any person to move across any
streets, avenues, or alleys, any house
or building of such type or size as may
interfere with the poles. wires or other
construction OF the transmission and
distribution systems hereby author
ICED, the said grantees herein shall
temporarily remove the poles and wires
20 far as necessary to allow the pass
age Of such house or other building for
a reasonable period of time not ex-
iceeding five s(5) hours, but said gran
tees shall not be required to remove
said wires prior to eight (s) o'clock in
the forenoon or later than three CO
o'clock in the afternoon; and also, pro-
vided that the route, hour and day Sc
lected for removing said building shall
be lrst approved and deemed suitable
by the city engineer, designated by him
In . written notice to grantees deliv-
cred twenty-four (24) hours prior to
the time for said removal, accompan-
led by the reasonable cost of said re-