Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-02-23
Draft Of Charter for City and County Of
Honolulu, Submitted to the Repub-
lican Commission.

the duties and responsibilities imposed
by law on trustees and such duties and
responsibilities may be enforced by
the city or by any co.trustee or cestui
que trust aforesaid.
Violation Of Law by Members Of Board.
Sec. 32. Any member of the Board
who shall knowingly and wilfully dis.
regard any provisions of law appli.
cable to the members of said Board or
who shall vote for any contract in vic.
lation of law or any appropriation un.
authorized by law or in excess of the
amount authorized by law or for any
illegal or injurious disposition of cor.
porate property, right or franchises,
shall be guilty OF a misdemeanor and
liable to the punishment and penalties
prescribed therefor; every member
voting in favor thereof shall be indi.
vidually liable to refund the amount
to the city at the suit of any citizen
or taxpayer.
Franchises to Be Granted by ordi.
nance.
Sec. SO. Every grant of or relating
to franchise of any character to any
person or corporation must, unless
otherwise provided in this Act, be by
ordinance.
Limits and Conditions to Grant Of
Franchises.
Sec. "a. After the approval of this
Act, no franchise or right to use the
streets, avenues, parkways or high.
ways of the city shall be granted by
the Board to any person or corpora
ton for a longer period than twenty.
five years, but such grant may at the
option Of the city provide for giving
to the grantee the right of a fair val.
uatiOn or valuations to renewals not
exceeding in the aggregate twenty-five
years. Such grant and any contract
In pursuance thereof may provide that
upon the termination of the franchise
Or right granted by the Board the
plant as well as the property of the
| grantee in the streets, avenues, park.
ways and highways with its appurte.
nances shall thereupon be and become
the property of the city without fur.
Their or other compensation to the
grantee; or such grant and contract
may provide that upon such termina.
ton there shall be fair valuation of
the plant and property which shall be
and become the property of the city on
] the termination of the grant on paying
the grantee such valuation. If by vir.
tue OF the grant or contract the plant
and property are to become the city's
without money payment therefor, the
city shall have the option either to
take and operate the said property
on its own account or 10 renew the
said grant for not exceeding twenty.
five years upon fair valuation or to
lease the same to others for a term
not exceeding twenty-five years. II
the original grant shall provide that
the city shall make payment for the
plant and property such payment shall
be at a fair valuation Of the same, as
property, excluding any value derived
from the franchise; and IL the city
shall make payment for such plant
and property it may lease the said
plant and property and the right to
use the streets and public places in
connection Herewith for limited pc
RODS not exceeding ten years. Every
grant shall make adequate provision
by way of forfeiture OF the grant OF
otherwise to secure efficiency of pub
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