Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1901-04-05

missioners, or other public official, or
body, then having charge of the
streets, avenue, alleys, lanes, side,
walks, bridges and public places of
said city. Moved and seconded that
Section two he amended by inserting
| the following: And the portion of
said pavcmcnts 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. Rowlcy
| Frank G. Mcconnell and David T..
Anderson. their successors and assigns.
| shall Likewise, ut their own cost, ana
| 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.
See. 8. 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 ut the expense of the
Conncl and David f. Anderson, their
successors or assigns.
See. 4. That the said Arthur j. Row
ley, Frank g. Mcconnell and David
IF. 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 privl-
legcs 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 Il.
Anderson, their Successors or assigns.
Provided, that the said Arthur ].
Rowlcy, Frank G. Mcconnell and
David IT, Anderson, their successors
or assigns, have reasonable notice of
such claims or damages, and the pen
dcncy of said action. Upon the receipt
OF notice of any such claim or de-
inhnd, or the pcndency of any action
or actions to enforce the same, the
said Arthur j. Rowley, Frank q. Me
Connel and David Il. Anderson. their
successors or assigns, shall have the
right to conduct and carry on ncgo-
llntions for the settlement of such
claims, demands or actions, ana shall
have the right to assume and conduct
the defense of such action or actions.
See. D. That Il failure on the part
of the said Arthur j. Rowley, Frank
q. Mcdonnell and David II. Anderson.
their successors or assigns TO comply
with the terms of this ordinance. after
thirty l3O) days notice from the city
Council requiring them to comply with
the same, shall, at the election of the
City Council, work n forfeiture of the
rights and privileges herein granted
Sec. g. That nothing contained in this
ordinance shall in anywise release or
u
q. Mcdonnell and David II. Anderson
their successors or assigns from COM
pliance with all general ordinances
relating to the use of the streets. aven-
ucs, alleys, lanes, sidewalks, bridges
and public places of said city, for the
purposes mentioned in this ordinance,
now in force or which may hcrca fter
he adopted by the City Council, nclud-
ing all amendments thereto.
Sec. I. Said Arthur j. Rowlcy,
Frank q. Mcconnell and David Il.
Anderson, their Successors or assigns,
shall erect and install said heating
plant or station, and shall be pre-
pared to operate IT, within eighteen,
0Sl months from the passage of this
ordinance, or forfeit all rights granted
by the same.
See. :. That said Arthur j. Rowlcy.
Frank G. Mcconnell and David +. An,
derson, their successors or assigns,
shall, in writing, within thirty C3m
days after the passage of this ordi-
nance, accept the rights and privileges
herein granted, and agree to comply
with the condition thereof
Sec. 3. That this ordinance shall
take effect and he in force from and
after lis passage and legal publication.
Passed in Council this md day OF
April, 1901.
FRANK FIEBEGER,
President City Council
CHAS. IL. ISBEIL
city Clerk.
Approved by tho Ronrl of City Com