Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1901-04-06


ances which may be Unnecessary to carry
on such business, for twenty-five Col
years from and after the passage of
this ordinance. and for that purpose
To use the streets aforesaid for the
purposes aforesaid. Provided. that
nothing herein contained shall be
deemed or construed to mean that the
rights and privileges herein granted
are. or are intended to he, exclusive
for longer term than said first mem
toned period of five (5) years. The
rights and privileges set forth herein
are given under and upon the condi-
tions named in the following sections.
See. 2. That all such pipes shall be
laid and all such drains and otheE
structures constructed and placed. lin.
der the supervision of the Board Of
City Commissioners or the public Off
| cial. or body. having charge of the
streets, avenues, alleys, lanes, side
walks. bridges and public places of
said city at the time when the same Is
done; that in the laying of such pipes,
and the construction Of such drains
and structures. the flow Of water in
the cutters and drains. and travel upon
the streets. avenues, alleys, lanes. side
walks. bridges and public places OF
said city, shall not be unnecessarily
| impeded, nor shall sewers. water. gas
or other pipes be unnecessarily inter-
fcred with; and all streets avenues,
| alleys lanes, sidewalks. bridges and
public places, paving, sewers. water,
gas and other pipes. in any way dis
turbed or ipterferred with shall be
promptly repaired, replaced and re,
stored to It's former condition OF use-
fulness by the said Arthur j. Rowley,
Frank G. Mcconnell and David +. An
derson. their successors or assigns. at
their cost and expense, and to the ap-
| proval of the Board of City Com
missioners, OF other public official or
body, then having charge of the
| streets, avenues. alleys, lanes, side
walks, bridges and public places of
said city. Moved and seconded that
Section two be amended by inserting
the following: And the portion of
said pavements so disturbed by Arthur
j. Rowley. Frank G. Mcconnell and
David +. Anderson, their successors
or assigns, in laying said pipes, shall
upon being replaced, be kept in re-
pair for a period of two years there
after And the said Arthur j. Rowley
Frank q. Mcconnell and David +.
Anderson, their successors and assigns,
shall likewise. at their own cost, and
expense, promptly remove from all
cutters, drains, streets. avenues. alleys,
lanes, sidewalks, bridges and public
places, all dirt and other refuse placed
there by them under this ordinance.
Sec, 3. That whenever, for the pur-
pose of constructing. repairing or re-
placing sewer or water pipes, it is
necessary to take up the pipes, OF any
of them, laid under the terms of this
ordinance, the same shall be taken
up and replaced at the expense of the
said Arthur j. Rowley, Frank G. Nc
Connel and David II. Anderson, their
successors or assigns.
Sec. i. That the said Arthur j. Row
ley, Frank q. Mcconnell and David
f. Anderson, their successors or as
signs. SHALL at all times hereafter,
defend, keep harmless and indemnify
the City of Akron from any and all
damages, claims and demands for
injury to persons or property, costs
and expenses, to which said city may
be legally subjected. or made liable, by
any proceeding at law, or in equity,
or otherwise growing out of the privi-
leges in this ordinance granted, or out
OF the exercise or operation of the
same by the said Arthur j. Rowley,
Frank G. Mcconnell and David f.
Anderson, their successors or assigns.
Provided, that the said Arthur J.
ROwley, Frank q. Mcconnell and
David II. Anderson, their successors
or assigns, have reasonable notice OF
such claims or damages. and the pen-
dency of said action. Upon the receipt
of notice of any such claim or de-
mand. or the pendency of any action
or actions to enforce the same, the
said Arthur j. Rowley, Frank G. Me-
Connel and David II. Anderson, their
successors or assigns, shall have the
right to conduct and carry on nego-
cations for the settlement of such
claims, demands or actions and shall
, have the right to assume and conduct
the defense of such action or actions.
Sec. 3. That a failure on the part
of the said Arthur J. Rowley, Frank
G. Mcconnell and David IT. Anderson,
their successors or assigns to comply
with the terms of this ordinance, after
thirty (30) days notice from the city
Council requiring them to comply with
the same, shall. at the election of the
City Council, work forfeiture of the
, rights and privileges herein granted.
Sec. s. That nothing contained in this
, ordinance shall in anywise release or
, relieve the said A. J. Rowley. Frank
: G. Mcconnell and David II. Anderson,
their successors or assigns from COM
pliance with all general ordinances
, rela ting to the use of the streets, aven-
ueS, alleys, lanes. sidewalks, bridges
+ and public places of said city, for the
purposes mentioned in this ordinance,
: now in force or which may hereafter
be adopted by the City Council, includ-
!, ing all amendments thereto.
Sec. I, Said Arthur j. Rowley,
= Frank G. Mcconnell and David f.
r Anderson, their successors or assigns,
+ shall erect and install said heating
} plant or station, and shall be pre-
I pared to operate it, within eighteen,
2 QS) months from the passage of this
a ordinance or forfeit all rights yrn nod