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217 <br /> <br />given by said Board of Trustees, or said Superintendent of Streets, <br />in regard to said work within ten days, then the said Superintendent <br />Of Streets shall enter upon said street or streets and do the work <br />as ordered by said Board of Trustees, and said Superintendent of <br />Streets shall keep an itemized account of said work, which the <br />grantee hereof, its successors or assigns, by the terms of this fran- <br />chise agrees to pay upon presentation of such account to said gran- <br />tee, its successors or assigns; and its or their failure to dc so <br />shall be sufficient cause for forfieture o~ said right, franchL~e <br />and privilege hereby granted, in case said roadbed or said tracks <br />are not kept in repair as hereinabovs provided. <br /> <br /> Provided further, that said grantee, its successors or s~signs, <br />shall construct all necessary flumes and culverts for the free pass- <br />age of water under the tracks where the same naturally flows and <br />that such flumes and culverts for the free passage of water under the <br />tracks where the same naturally flows and that such flumes and <br />culverts shall be constructed in accordance with plans and speci- <br />fications approved by said Board of Trustees. <br /> <br /> provided further, that said grantee, its successors or <br />assigns, shall have the right to excavate and remove portions ~f <br />said streets necessary to properly' construct said road, and to erect <br />and install apparatus and other appliances, poles and wires for <br />carrying the trolley, telephone and telegraph wires and other wires <br />used by said grantee in the operation of said railroad. <br /> <br /> Provided further, that said city in granting the said fran- <br /> chise, right and privilege expressly reserves the right to pave, <br /> gravel,macadamize, renew or sewer any of said streets, to lay water, <br /> gas or other pipes thereon, or to erect telephone or teleg:aph and <br /> other wires over and across said road, said work to be done so as <br /> to injure said road as little as possible. <br /> <br /> Provided further, that the grantor herein in the granting <br /> of the above franchise at all time reserves the right to the ex- <br /> tension or construction or reconstruction of any and all streets, <br /> alleys, avenues, courts or places that may be necessitated by the <br /> growth of the grantor city to cross or intersect any of the tracks <br /> or roadway as contemplated under the provisions of this Ordinance, <br /> and when said crossings or intersections shall have beel~ approved <br /> by the Railroad Commission of the State of California, anti, when said <br /> crossings or intersections shall have been completed then the same <br /> <br /> provisions and requirements shall be binding upon the grantee as <br /> to the construction and maintenance of its crossings as herein pro- <br /> vided and required of the grantee ±~or streets, alleys, courts and <br /> places now open to public use. <br /> <br /> Section 4. That said grantee, its successors and assigns <br /> shall at all times carry all regular and special policeman,police <br /> officers and firemen of said City while on duty, and letter csxrl- <br /> ers while on duty, free over said road, subject at all times to <br /> such reasonable regulations as said grantee, its successors or <br /> assigns, may prescribe. <br /> <br /> <br />