Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-05-07

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 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 apparatus
shall do so with diligence and dis
patch and as soon az 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 so as to CORE
spond with and conform 10 portions OF
such streets, alleys, sidewalks and pup
lie grounds adjoining such excavations
and shall maintain the same as here
inbefore provided. subject to the ap-
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 filed. 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
embankments to remain over night.
said grantees shall place light or
lights and securely barricade such
nIara paS Said grantees are
hereby required to pay any and all
damages. either TO person or property.
occasioned by reason of any fault or
negligence of said grantees and by
reason of any excavations or obstruc-
tons 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
harricading said excavations or en-
hankments SO made. or Tor failure to
keep in proper condition. or from any
fault or neglect of the grantees what
ever. said city shall notify said grantees
of the pendency of said suit or suits.
and it shall be the duty of said grantees
any judgment or judgments be rendered
against said city in any such suit or
suits, the amount of such judgment 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
10 bring suit against the said grantees
Tor the reimbursement of any costs and
damages or either costs n- damages so
incurred the records of the judgments
rendered against said city. together
with the ccsts thereon. shall he deemed
and taken 10 ne the measure Of dam
ages in any such suit, and shall ne con-
elusive evidence of the amount TO be
recovered against said grantees. TO
which shall I've added reasonable at
torneys fee for the prosecution of any
such action.
Sec. 4. Heat shall he furnished by
the grantees herein from september ISL
10 June LIST during each season. when-
ever the outside temperature snail De
so degrees or lower, and the rate for
service shall be as set out below.
II steam is used by meter the rate
shall not exceed the following sched-
ule:
.5c per 1000 lbs. fog the nrst lo'o'o
lbs. per month
zoe per 1000 lbs. FOR the next Io,ooo
bs per month.
csc per 1000 lbs. for the next lv.voo
lbs. per month.
soc per 1000 lbs. for the next 2V,ovo
lbs. per month.
soc per 1000 lbs. for the next 5e,ooo
lbs. per month
rnn npf,
soc per loco lbs. for the next -V",V'o
lbs. per month.
45c per 1000 lbs. for al! over 3Ve,o9p
lbs per month.
II the grantees herein shaI sell
steam service on the fiat rate basis,
the rate for such steam service snail
not exceed 35 cents per season per
square foot of required radiation.
The term required radiation means
that the radiation shall be so set as
to maintain - degrees temperature
in the buildings with the radiators
full of steam and with one pound
pressure at the entrance OF the serV-
ice lire 20 said building
It is understood that the rates
above mentioned are the maximum
rates but the grantees herein snail
have the right from time to time WITH
in the limits of the prices above men :
toned to fix. readjust and regulate
such prices for any and all services
rendered. provided the price Snail be
the same to all customers for like serN-
ice at like times and under like con-
ditlons OF use. IN case the grantees
should readjust the rates as herein
provided such grantees shall file
with the city clerk schedule OF
prices as so readjusted. and such
schedule. while SO fled with the city
clerk shall become and be part OF
this ordinance.
Sec. s. AS security for the perform
ance of the conditions of this ordinance
on the part Of the grantees, they shall
prior to the beginning of any con-
struction work contemplated under
this ordinance execute and file with
said city bond in the penal sum OF
five thousand dollars $4,000 with
surety ia the approval Of said city,
which bond snail De conditioned up
on the faithful performance by the
grantees of each and every stipulation
and provision contained in this or
dinance and for carrying out of the
terms and conditions herein during
the entire period covered hereby and
such bond shall be a continuing bond
subject TO the approval of said city,
and said city reserves the right to re-
nuire a renewal of such bond at any
time that it deems the surety thereon
| inadequate. or when the same be-
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