Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-03-20

within thirty (3o) days from and after
tho passage and adoption Of this or
| dinance by q referendum vote OF the
qualified electors Of the city at an
election, Ale with the city clerk Of the
said city their acceptance in writing
of the terms and conditions Of this
ordinance, and in failing to do 80. this
ordinance shall become null and void
and no longer binding upon said city
or upon said grantees"
Notice to voters: For an affirmative
vote upon any question submitted up
on this ballot, make d cross (x) mark
in the square after the word yes.
For a negative vote. make cross
(x) mark In the square following the
word mo"
"shan the following --- l-!
ordinance, granting YES
Q franchise to w. T. ----I---l
Bailey. F; o. Bailey and NO
J. r. Bailey, their sue ----l-;-l
cessors or assigns, be
sdopted?"
"An ordinance authorizing w. T.
Bailey, F. o. Bailey, and ]. r. Bailey.
their successors or assigns, within the
city Of Marshalltown, Iowa, to acquire.
construct, reconstruct, maintain and
operate q power plant or plants for
the generation of electricity, systems
for the transmission. distribution and
use Of electricity and to furnish cleo
trio light. electric power and electric
current to the public.
Be 1t ordained by the city council
of the city Of Marshalltown. Iowa:
Sec. /. Permission and authority
are hereby granted to w. T. Bailey. f.
o. Bailey, and ]. r. Bailey. their sue
cessors or assigns, within the corpor-
ate limits Of the city Of Marshalltown.
Iowa, as the Same now are or may
hereafter be located or extended. to
acquire construct, reconstruct. main
tain. operate and use power plant or
plants for the generation Of electricity
whether said power plant or plants
have been heretofore or may hereafter
be erected and to enter upon the pub
Tic streets. alleys and highways.
bridges, and public places OF said city
now or hereafter opened, extended or
| erected, and therein. thereon. therein
der and thereover to erect, construct.
use. maintain. operate and reconstruct
systems for the transmission, distribu-
ton and use Of electricity to consist
Of electric wires. poles, conduits and
L
dent to said systems and their use.
whether said systems have been here
tofore or may hereafter be constructed
to sell or furnish electric light. electric
power and electric current to the city.
its inhabitants. industries. railways.
street railways. tho public and all ap'
plicants for light, power or current
and to carry on q general electric light
| ond pouor h,laineaa e,.;E
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 8. Said transmission and dis
tribution system hereafter erected, In
Guiding the poles. wires, conduits and
other construction, shall 80 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 be-
meath; and said construction shall he
put up and maintained in accordance
with the specifications Of the National
Board of Fire Underwriters in force at
the time Of said construction. The
poles, wires, conduits and other applt-
ances aforesaid and all the apparatus
connected Herewith shall be located.
arranged, adjusted and rnaintained 10
as not to endanger persons or unrea-
! sonably to interfere. electrically Or
otherwise, with other electric appli-
ances erected prior thereto or with any
Improvement the city may deem proptr
to make. nor unnecessarily hinder or
| obstruct the free use Of streets, ave-
nues, alleys, bridges, or private or pub
lie property. -
Sec. 4. Whenever grantees, in Greet
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 AZ
cavations shall be at once refilled and
pavements replaced under the direction
Of the city engineer. and all surfaces
made a. good AZ before by the said
grantees. or. in case OF their failure 20
to do az promptly az practicable. the
city or any abutting property owner
may do the same at the expense Of the
grantees, and said grantees shalt 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 - to con-
form with said new grade and meet
the requirements hereinbefore mga-
toned a. to the height Of wires above
said alleys and streets. all At ssid
grantees' own expense. but the city
may require the grantees, at granteps'
own expense, to relocate any pole or
poles In any other suitable location.
Grantees herein. before constructing
xny new transmission or distribution
lines, shall obtain written permit
from the city 80 to do and the city
shall issue said permit to grantees
herein under reasonable terms and
conditions.
Sec. &. II It shall become necessary
for any person TO move across sny