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1926 (#788-802)
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1926 (#788-802)
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Last modified
1/3/2012 1:07:19 PM
Creation date
4/22/2003 2:25:44 PM
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Pre-Charter
Year
1926
Pre-Charter - Doc Type
Ordinances
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Provided, however, that said grantee and its assigns shall <br />comply with the provisions of all ordinances of said city now in <br />2orce or that may hereafter be enacted relative to the placing of <br />all poles and wires, and making all excavations in public streets <br />of said city for the placing of obstructions thereon. <br /> <br /> Provided, further, ti~at said grantee or as:~igns shall <br />construct all necessary flumes and culverts for the Free passage <br />of water under the tracks of said r~lway where and whenever <br />necessary, and that all curves, aqueducts, turnouts and switches <br />shall be constructed under plans and specifications approved by <br />the City Engineer; or by the Board of Trustees of said City; and <br />it is understood that said grantee or assigns shall have the right <br />to excavate and remove portio~ of the street necessary to pro~ fly <br />construct said roads, and to erect needful ap!:a, atus, boilers, <br />engines, etc. to properly equip and run the same. <br /> <br /> It is further understood that the City, in making the <br />grant of this franchise, expressly reserves the right to pave, <br />macadamize, remove or sewer any of said streets, or lay gas and <br />water or other pipes therein, such work to be done so ss to in.iure <br />said roads as little as possible. <br /> <br /> ~ECTION 111. The above rights and privileges are <br /> <br />granted upon the ex[~ess condition that work upon said tracks <br />shall be begun within four months of the taking effect of this <br />o~'dinance, and continue diligently thereafter and shall be <br />completed within twelve months thereafter, it being unde~'stood <br />that in case any portion of said tracks is unused and unoperated <br />for six months after completion, then that part of the tracks shall <br />become forfeited and all rights granted herein shall determine and <br />cease as to the unused portion of said street. <br /> <br /> SECTION IV. The grant of this fr~mchise is effective <br /> <br />only upon the further condition that the grantee, within five days <br />after said ~ranchise is awarded to it, file with the Board of <br />Trustees a bond running to said City in the penal s~n of One <br />Thousand Dollars with at least two good and sufficient sureties, <br />to be approved by said Board of Trustees, conditioned that said <br />grantee shall well and truly observe, fulfill and perform each and <br />every term and condition of said franchise, and that in case of <br />any breanch of condition of said bond the whole amount of the <br />penal sum therein named shall be taken and deemed to be liquidated <br />damages, and shall be recoverable from the principal and sureties <br /> <br />upon said bond. If said bond be not so filed the award of said <br /> <br />franchise will be set aside, and any money paid therefor will be <br />forfeited. <br /> <br /> SECTION V. That said grantee, its successors or <br /> <br />assigns are hereby re~ired to file a written acceptance of the <br />terms and conditions thereof with the Clerk of said City within <br /> <br /> <br />
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