Cresco plain dealer. (Cresco, Howard County, Iowa) 1913-1945, 1920-01-16

their use, whether said systems have
been heretofore or may hereafter be
constructed, to sell, or furnish electric
light, electric power, electric heat,
and electric current to the city, its in
habitants, industries, railways, inter-
urban railways, and street railways,
| and to carry on a general electric
light and power business.
Sec. 2. In this franchise, the word
"city" refers to and means the City of
Cresco, Howard County, Iowa, and
the word "grantee" refers to and
means the Interstate Power Com
associates or assigns.
Sec. 3. Said transmission and dis
tribution systems hereinafter erected,
including the poles, wires, conduits
and other constructions shall so far
as practical, be constructed and erect
ed 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 streets,
avenues, alleys, highways, bridges or
public place beneath; and said con-
struction shall be put up and MAIN
tanned in accordance with the specifi-
cations of the National Board of Fire
Underwriters in force at the time of
said construction. The poles, wires,
conduits, and other appliances afore-
said and all the appurtenances con-
nected Herewith shall be, located, ar
ranged, adjusted and maintained so as
not to endanger persons or un-reason-
ably to interfere, electrically or
otherwise, with other electric applian-
ces erected prior thereto or with any
err to make, nor unnecessarily hinder
avenues, alleys, highways, bridges or
property.
Sec. 4. Whenever grantee, in erect
ing, constructing or maintaining said
poles, conduits, or appliances shall
avenues, alleys. highways, bridges, or
public places of said city. or make any
excavations thereon or in any of the
public places of said city, such exca-
vations shall be at once re-flled and
pavement replaced under the direction
of the City Engineer or other official
of the city having charge of the
streets, avenues, alleys, highways,
bridges or public places and all sur
faces made as good as before by the
said grantee; or, in case of their fail
ure so to do as promptly as practical,
the city or any AUDITING property
owner may do the same at the ex-
pense of the grantee and the said
grantee shall be liable in a civil ac-
ton for the cost of the same; and
provided further that when the
grantee shall make an excavation in
any of the streets. avenues, alleys,
highways, bridges, or public places, of
said city. the same shall be properly
barriered. adequately lighted and pro-
vided with sufficient danger lights,
lamps, or signs of warning; grantee
shall at its own expense relocate any
poles or pole in any other suitable To-
cation selected by the City Council
whenever required so to do by the
resolution OF the City Council.
Sec. 5. Any person or persons
DESTROYS OF moving any house, build
ing or thing, capable of being moved,
over or along any OF the streets. al
legs. avenues, highways, bridges or
| public places of said city, of such
type or size as may interfere with the
poles, wires or other constructions of
the transmission and distribution sys-
TENS herein authorized, shall make
! written application to the Mayor of
said city or City Council, requesting
their consent to move the same;
specifying in such application the
building or thing to be moved, its To-
cation at the time such application
is made, the street or streets, alley or
alleys, avenue or avenues, highway or
highways, bridge or bridges, public
place or places, over which it is de-
sired to to move the house, building
or thing and the place of its final To-
cation. the date upon which it is to be
moved and said application must be
made at least five 60 days before the
time proposed for the moving OF said
building.
After consent has been given by
the Mayor or City Council to the
owner of said house, building or
thing to be moved, he shall give or
cause to be given a five 50 days no.
tice to the Interstate Power Com
| pany, its successors and assigns,
| through their agents and representa-
| tives, advising them of the route APP
proved by the Mayor or City Council
which will be affected by the moving
of said house, building or thing and
the said grantee herein shall at the ex-
| pense of the owner of said house,
building or thing to be moved. tenn
porarily remove all poles and wires SO
! far as is necessary to allow the pas
| sage of said house, building or other
traffic for a reasonable period Of time
not exceeding FIVE 50 hours in any
one day, but said grantee shall not be
required to move said wires, poles OF
I other devices prior to eight (S)
o'clock in the forenoon nor later than
three Cd o'clock in the afternoon.
Sec. 6. Said grantee shalt hold the
City harmless from any and all causes
of action, litigation and damages
caused or accruing through or by