Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-03-20
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Bailey. +. o. bailey, 49, -
and J. R. Bailey. their NO
SUCCESSORS or assigns, -
be adopted r.
can ordinance authorizing W. T.
Bailey. r. o. Bailey. ana ]. r. Bailey.
successors or assigns. within the city
Of sMarshalltown. state Of Iowa, the
right and privilege to lay, operate and
maintain . system Of pipes, conduits,
and other apparatus in the streets, av-
enues. alleys. commons and other pub
lie places in the city Of Marshalltown.
state Of Iowa, for the conveying Of
steam for heating and other purposes.
Be It ordained by the city council Of
the city Of Marthalltown. state Of Iowa,
- follows:
Section 1. The right. privilege. and
franchise II hereby granted unto w. T.
Bailey. F. O. Bailey, ana ]. r. Bailey,
successors and assigns. known here
matter az the grantees. for the
ter moi twenty-five years from the
date Of this ordinance being ratified by
q referendum vote Of the city Of Mar
shalltoWn, Iowa, to enter upon the
streets. avenues, alleys, commons and
other public places in said city and
therein to construct, lay, operate and
maintain q system Of pipes. mains,
conductors, service pipes and other
necessary apparatus for furnishing and
conveying steam for heating and other
purposes, to public and private con-
sumers within said city.
Sec. 2. In this ordinance the word
"city'' refers to and means the city of
MarDhalltown, Iowa, and the word
grantees refers to and means w. T..
Bailey, r. o. Bailey. and ]. R Bailey,
successors or assigns.
Sec. ,. Tho right hereby granted
shall vest IN the grantees full power
and license 70 make ali necessary ex-
cavations for the purpose aforesaid:
that the same shall be done with rea-
sonabla dispatch and the least possible
Inconvenience to the public. and all
such excavations and all such work
shall be done In such manner as not to
interfere with any water or gas pipe,
public or private! sewer. electric wire
or any cable or other conduit Of the
same now laid or constructed by said
city, or any authorized person, per-
sons or corporation. The grantees shall
restore and repair all streets, alleys
sidewalks and public places where ex-
cavations are made by them to the or
iginal condition thereof as near as
practicable. They shall maintain all
such repairs in this condition and all
damage done by reason Of any such
excavation shall be repaired by said
grantees and 80 maintained at their
own cost without delay. The grantees
In laying additional mains, repairing
mains already laid. or to be hereafter
laid, and in putting in service pipes
and Vail other necessary apparatus
shall do 20 with diligence and dis
patch and 40 soon as the same have
been completed the grantees shall re-
pair and restore such streets, alleys,
sidewalks or other public grounds
where any other excavations have been
made, to their original condition as near
as practicable and 30 as to correspand
with and conform to portions Of such
streets. alleys, sidewalks and public
grounds adjoining such excavations
and shall maintain the same as here
inbefore provided. subject to tho ap-
prevail Of said city. The surplus earth,
IL any remains from such excavations,
shall be Immediately removed by said
grantees after such trenches and ex-
cavations are filled. Said grantees are
hereby required to protect any and all
excavations made so as to render the
same safe. In case It is necessary for
any excavation or excavations to re-
main untitled, or any embankment or
entertainments to remain over night,
said grantees. shall place a light or
lights and securely barricade such
place or places. Said grantees are
hereby required to pay any, and all
damages, either to person or property,
accustomed by reason OF any fault or
negligence Of the said grantees and by
reason OF any excavations or obstruc-
fions made or caused to be made by
them at any time or place in said city,
and in the event Of suit or suits
against said city for damages for any
injury or injuries sustained by any
person or persons on account Of neglect
OF said grantees In the making Of or
properly barricading said excavations
or embankments so made. or
for failure to keep In prop
er condition. or from any fault or ne
elect Of the grantees whatever, said
city shall notify said grantees Of the
tendency Of said suit or suits, and it
shall be the duty of said grantees to
defend said suit or suits and in case
any Judgment or judgments be rem
dered against said city in any such
suit or suits, the amount Of such judg-
ment or judgments and costs thereon
shall be paid by the grantees, and in
the event Of the failure Of the grantees
to pay the same. and the city shall be
compelled to bring suit against the
said grantees for the reimbursement Of
any costs and damages or either costs
or damages 10 Incurred, the records of
the judgments rendered against said
city. together with the costs thereon.
shall be deemed and taken to be the
measure OF damages in any such suit,
and shall be conclusive evidence Of the
amount TO be recovered against said
granteeS, to which shall be added a
reasonable attorneys fee for the PROS
ecutiio1a ooff= any such action.
SEC. 1. Heat shall be furnished by
the grantees hpreil from September 1st.