Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-03-22
NOTICE.
An Ordnance.

~
An Ordnance.
Notice II hereby given by me al
City Clerk of the City Of Marshalltown.
iowa. that by authority Of q resolution
Of the city council OF Marshalltown,
Iowa, the adoption of the ordinances
hereinafter set forth and each Of them
legal voters Of the City of MARSHALL
town, Iowa, at a regular city election
to be held on the 31st day Of March,
1913. Said ordinances being respec-
lively as follows, to-wit:
IAN ordinance authorizing w. T.
Bailey. +. o. Bailey. and ]. 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 l. 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
term of 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 ysystem 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. 7.
Bailey, F. o. Bailey, and ]. r. Bailey.
successors or assigns
Sec 3. 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 ali streets, alleys.
sidewalks and public places where ex-
cavations are made by them to the
original 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 50 maintained at their
own cost without delay. The grantees
in laying additional mains,s repairing
mains already laid, or to be hereafter
laid, and in putting in service pipes
and all other necessary apparatus
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,
where any other excavations have been
made. to their original condition as
near as practicable and so as to CORE
spond with and conform to portions Of
such streets, alleys, sidewalks and pub
lie grounds adjoining such excavations
and shall maintain the same as here
inbefore provided. subject to the ap-
proval of said city. The surplus earth,
If any remains from such excavations.
shall be Immediately removed by said
grantees after such trenches. and ex-
are filled. Said grantees are
hereby required to protect any and all
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
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 or
Of the said grantees and by
reason of any excavations or obstruc-
tions 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
barricading said excavations
or embankments so made. or for fail
ure to keep in proper condition, or
from any fault or neglect of the
grantees whatever, said city shall mott
fy 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 rendered against said
city in any such suit or suits, the
amount Of such Judgment or judy
ments 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
so incurred, the records of the judy
ments rendered against said city, to-
gether with the costs thereon, shall be
deemed and taken to be the measure of
damages in any such suit. and shall be
evidence Of the amount to
be recovered against said grantees, to
which shall be added reasonable at
fee for the prosecution Of any
such action.
Sec. 4. Heat shall be furnished by
the grantees herein from September LIST
to June LIST during each season, when
h.