Cresco plain dealer. (Cresco, Howard County, Iowa) 1913-1945, 1920-01-23
their use, whether said systems have

tIlClE use, "ucticI Sdlu systems nave
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 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
pany, a corporation, its successors,
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 specif.
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
Improvement the city may deem prop
er to make, nor unnecessarily hinder
or obstruct the free use of streets,
avenues, alleys, highways, bridges or
public places or private or public
property.
Sec. 4. Whenever grantee, in erect
ing, constructing or maintaining said
poles, conduits, or appliances shall
take up any pavement on the streets,
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-
yations 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 &C
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. S. 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
theft 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 50 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 shalt give or
cause to be given 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 ap-
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 ali 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 shalt not be
required to move said wires, poles Of
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 shall hold the
City harmless from any and all causes
of action, litigation and damages
caused or aceruing through or by
reason of the construction, recon-
struction, maintenance and operation
of said transmission system, distribu-
ton system and other constructions
hereby authorized and shall make de.
Tense for and on behalf of said city
in all of said actions to which the city
may be made party; and failing SO
to do the city may make defense for