The Oskaloosa herald., 1917-05-24

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way in bad condition nearly the
whole year and the conditions having
become nuisance and intolerable and
lunbearable to Mahaska County, Iowa.
and said public highway and to the
people travelling over said highway;
and
Whereas. such conditions will pre-
vent the surfacing of said road in the
future; and
Whereas, said conditions now ex
istlng compel the County of Mahaska
to look after said public highway prac-
. tically all of the time; and
Whereas, great part of the time
for public travel and red lights have
to- be maintained at night in order to
warn the public of their danger; and
Whereas, the said Peoples Water
Company have negligently and care,
lessly maintained said pipes in said
negligent and careless manner for a
number of years and public policy de-
handing that said road be put in a
proper condition and that said pipes
be relaid and put in a proper manner
and in good workmanlike manner
and outside of the main travelled part
OF the said public highway and at such
points as the Board of Supervisors and
/ the County Engineer of. Mahaska
County, Iowa, direct; and
Whereas, said public highway is one
of the most public travelled roads in
Mahaska County, Iowa, and is the
principal thoroughfare between Oska-
loosa, Grinnell, MarshaIltown, etc;
and
Whereas, said public highway here
inbefOre mentioned is constantly and
continually dug up and great holes
and excavations made by the Peoples
Water Company, in an alleged attempt
tenn, and that whenever and wherever
these pipes burst or break, causes a
leak or spouting OF the water, it makes
the public highway dangerous for tray
el and often times it is in this condi-
ton before the Peoples Water Com
Ipany are aware of it, and it being i'm
possible to properly drag, grade and
maintain said public highway under
present conditions; and
Whereas, where the said water pipes
are now placed, constructed and main
tanned they are public nuisance
dangerous to the public, to the public
health and to the life of the travelling
public, and in the negligently manner
, in which said pipes are constructed
and maintained and the repairs there
OF are of such nature as to consti
tute a public nuisance.
THEREFORE,, be it resolved by the
Board of Supervisors of Mahaska
County, Iowa, in session held in the
City of Oskaloosa, Iowa, May 10, 1917;
That the said Peoples Water Co
ard the County Auditor is hereby au
thorized and directed to notify the
said Peoples Water Company, TO re
lmove, repair and construct the water
pipes at such points or places and dis
ltances as shall be directed by the
County Engineer of Mahaska County
Iowa, so long as said Peoples Watel
Co. wishes to use the public highway
of Mahaska County, Iowa, and tina
they will hereafter place, construc
and maintain all water pipes of salt
Company that occupy the public high
way of Mahaska County, Iowa lat sucl
points and places and in such manne
as shall be designated and directed b.
the County Engineer of Mahaski
County, Iowa, under the directions o
the Board OF Supervisors of Mahask;
County, Iowa;
That said Peoples Water Compan
is given until the LIST day of Decembe
1917 to take up all water pipes in tn
public highway of Mahaska count,
Iowa, and to take up such water pipe
so that in taking up thereof and i
the relaying thereof If they desire I
use the public highway in such maj
liner as will not interfere with the pull
: lie travel and with the public safet!
I and in the. relaying of the same
. placed in the public highway as her
inbefore mentioned il shall be done VI
der the direction of the County Eng
lneer and the said Board OF Supervisor
OF Mahaska County, Iowa, and in cas-
3 said Company does not use due dill
!. gence in the removing Of said wat'
! pipes fro mthe public highway of M
lhaska County, Iowa, that the sam
q shall be removed but not relayed
!. Mahaska County Iowa, and at the e