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

veStigatiOns and inspections to be mace
by persons skilled and competent to
make said Investigations and for that
purpose, may have access to the DOCKS
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 transactiOHof the Dus-
mess of the gas company In the usuai
way and the said gas company shall
not be required TO permit access to ITS
books, records or properties oftener
than once in each twelve d2) 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 made
upon the condition that said gas com
pany shall at all times, unavoidable ac-
cidents only excepted. hold itself in
readiness to furnish and shall furnish
all gas required by said city. and the
inhabitants thereof. as hereinbefore
specified, and shall at all times fully
insure, indemnify and save harmless
the said city Of Marshalltown from all
causes of action, litigation or damage
of any kind, claims for which may DC
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 public
place. or by reason of defective, negii-
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 shall
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 1t so elects. may install
and if 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 to be tested by the use Of said
apparatus by technical graduate from
a standard educational 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 1t 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
er 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 so tested shall De
found to be incorrect, the account of
the consumer for the three 90 months
next preceding the test shall be adj
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
(2Te) from accuracy shall be considered
an error.
The employee of the company at the
time Of reading the meter of any con-
sumner shall leave at the meter or
place on hook or nail, II one is pro-
vided convenient to the meter, state
ment showing the name of the con-
sumner, the meter reading and the date
OF same.
Sec. 10. William G. Bows, Isaac B.
Smith, John A. Reed and r. S. Cook
shall. within thirty (30) days from and
after the passage and adoption Of this
ordinance by the qualified electors OF
the city at special election called for
that purpose. file with the city clerk
of the city of Marshalltown. 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 "a year from and aft
er the acceptance of this ordinance.
they will extend the system Of street
railway of the city 10 a point within
one hundred (100) feet of the city park
and also, to within one hundred and
fifty l50) feet OF what Is commonly
known as the Fair Grounds" that at
such time as viaduct 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 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 1 Of
each year and shall be required to
operate the fair grounds extension the
year around so 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-
tircly 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 aggregating one and
one half miles in length to It's street
railway system in addition to the said
CITY Park and Fair Grounds" and
viaduct extensions. The construction