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

| made against the CITY, ana from AL loss
or damage OF any kind which may lie
sustained BY any person by reason OF
the present or future use or occupancy
OF any street. avenue. alley or public
| place, OF by reason OF detective, negli-
gent or imperfect closing Of all open
| ipgs made by II 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. II 1t so elects. may INSTALL
and II 1t 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 skillo j in making said tests but the
gas company shall be given reasonable
notice OF the time and place Of making
said test and II 1t is found by said
! test. that the said gas fur
nfshed by grantees Ia 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
err or different quality or of less candle
power or heat units than required by
this ordinance.
The city council may also by ordl-
nance provide for the testing Of meters
ard In case meters SO tested shall be
found to be incorrect. the account OF
the consumer for the three (3) months
next preceding the test 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
(2Ts) from accuracy shall be considered
an error.
The employee Of the company at the
time of reading the meter Of any con-
sunler shall leave at the meter or
place on hook or nail. II one Is pro-
/, vided convenient to the meter. a state
ment showing the name Of the con-
sumer 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 a special election called for
M with the CITY clerk
of the city Of Marshalltowr, 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 10
them upon the following conditions. to-
Wit: that within one "a year from and
after the acceptance of this ordinance,
| they will extend the system Of street
railway of the city to point within
one hundred 900 feet OF the city park
and also. to within one hundred and
fifty (15O) 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 &c
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
f! operate said extension to the city park
| between May / and November l OF
each year and shall be required TO
| operate the fair grounds extension the
year round so as to furnish reason
able accommodations to the public. but
| in the event OF the fair grounds being
rem owed and the factories III 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
Ave (5) years from and after the pass
age and adoption OF this ordinance. to
make extensions aggregating one and
cne-half miles IN length to its street
| railway SySteIl III auuItIoH u the Sdii
"City Park" and Fair Grounds" and
| yiaduct extensions. The construction
of said tracks of all OF said extensions
hereinbcfore referred TO shall be made
within the times above limited unless
the time or times within which all or
any part thereof may be constructed
shall be extended by majority OF the
votes cast on the proposition at any
election at which the question Is sub
mitted and the council shall submit
said question at general or special
election at the request OF the company;
any additional expense caused by sub
hitting said question shall he paid by
the company.
In the event that the grantees herein
fail to complete any OF the extensions
to said street railway system within
the time or times as hereinbefore pro-
vided unless the time or times for
said completion Is extended as above
set forth. and then within the time or
times fixed by said extensions granted
by the people. the city council may, II
it shall so elect. repeal this ordinance
and all rights herein granted shall by
said repeal as aforesaid be annulled,
cancelled and revoked.
This notice is given to comply with
the requirements Of Section 1866 A37.
of the supplement to the code Of 1897.
Of the laws OF Iowa. commonly known
as the commission form OF govern