Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-03-06

containing each Of said ordinances
shall be as follows. to-wit:
Notice to Voters-For an affirmative
vote upon any question submitted upon
this ballot, make a cross (X) mark in
the square after the word Yes"
Tor a negative vote mark a cross
| (X) mark in the square following the
word mo"
Shall the following
ordinance granting a r----l----l
franchise to w. T. YES
Bailey, F. o. Bailey, ---l--I
and J. R. Bailey. their NO !,
successors or assigns. ---l--
be adopted?"
"An ordinance authorizing W. T
| Bailey. f. O. Bailey, and J. r. Bailey
successors or assigns, within the city
Of Marshalltown, state of Iowa, the
right and privilege to lay. operate and
maintain a 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 1t ordained by the city council Of
the city of Marshalltown, state of Iowa,
as follows:
Section I. The right, privilege, and
franchise is hereby granted unto w. T.
Bailey, F. o. Bailey, and ]. r. Bailey,
successors and assigns, known here
matter as the grantees, for the
ter moi twenty-five years from the
date of this ordinance being ratified by
| a 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 a 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
| Marshalltown, Iowa, and the word
| grantees" refers to and means w. T..
Bailey, F. O. Bailey, and j. r. Bailey,
successors or assigns.
Sec. 5. The right hereby granted
shall vest in the grantees full power
and license to make all necessary ex
cavations for the purpose aforesaid;
that the same shall be done with rea
sonable 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 SO 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 all other necessary appara tus
shall do so with diligence and dis
patch and as 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 so as to correspond
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 the APP
prevail of said city. The surplus earth,
if 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 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,
occasioned by reason of any fault CIR
negligence Of the said grantees and by
reason of any excavations or obstruc-
lions 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 entertainments so made or
for failure to keep in prop
er condition, or from any fault or me-,
glect of the grantees whatever, said
city shall notify said grantees of the
tendency Of said suit or suits, and 1t
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 OF 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 DANA ges so 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
reasonable attorneys fee for the pros
ecution of any such action.
Sec. 4. Heat shall be furnished by
the grantees herein from September LIST
to June LIST during each season, when