The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1906-06-27

OUTSIDE tneTeOls WlIn lle same tudid'-
ter Of material as is used on the re-
mainder Of the street. and shall relay
their tracks on any street or streets so
paved with grooved rails on founda-
tions as specified in Section ) Of this
ordinance.
Sec. 7. The pavement provided for
in this ordinance shall be laid at
such height Of grade as may be fixed
or determined by the City Council
and shall, during the existence Of this
ordinance, or grant. or any extension.
amendment or renewal thereof, be
kept in repair under its direction, or
under the supervision and direction OF
such officers as may be from time to
time vested by law or ordinance of the
City Council with the control and su-
pervision Of the highways and works
Of said City. and on the failure OF
the said grantee. their successors or
assigns. TO improve said streets or
alleys or to make said repairs within
a reasonable time after receiving no
tice so to do from the City Council
Of said City. the saiu City may make
the same or cause the same to be
done. and the said City of Ardmore
shall collect all the cost and expense
thereof from said grantee. their sue
cessors or assigns. and the entire
amount OF such cost and expense shall
constitute a lien and charge upon the
property and franchise Of said grantee,
and their successors or assigns. the
same as II formally levied and assess.
ed as in the case OF other municipal
improvements: and whenever the said
railway is being put down on any un'
improved street or streets. said gran.
tee. their successors or assigns, shall
grade the street next TO and adojin'
ing It's outer rails, at their own OK
pense. and on a level with its tracks
so as TO permit the passage OF vehi'
cles over the same.
Sec. s. Said grantee. their success.
ors or assigns. shall at all times here
after defend. keep harmless and in
demnity the City OF Ardmore from
any and all damages. lawful claims
and demands for injury to person
| or property. cost and eXpensev TO
which said City may be subjected or
made liable by any proceedings al
law or equity growing out OF the grant
Of the privileges in this ordinance
granted or out OF the exercise or en-.
| joyment OF the same by said grantee,
their successors or assigns. our out oi
the failure of said grantee. the'I
successor or assigns. Ia con
struct or keep in repair the pavement
or other improvements by them here
I'm required TO be constructed and
maintained: and said grantee. their
successors or assigns. may at their
own cost. defend against such action
either in their own name. or in the
name Of the said City OF Ardmore. But
the said grantee. their successors oi
assigns. shall not be liable for ;hc costs
or expense Of the cases resulting IN ;
judgment in favor Of the City.
Sec. 9. The said City Of Ardmor,
shall have the right. without incurrinl
any liability for damages TO said gran
tee their successors or assigns. 10 re
move or obstruct, or authorize the
same TO be done, any portion OF salC
railway track wherever Il shall b'
necessary in laying down or repair
ing the water pipes, gas pipes, sewers
drains. cutters or cut out cisterns, o.
by hose or other apparatus necessar!
to be used in extingnsnins llro, o
any other public work or improvement
required to he done by said City. no
disturbing. however the running o
cars where It can be avoided.
Sec. 10. The said City Of Ardmor'
shall not be liable In any way 10 sai,
grantee, their successors or assigns
for damages they may sustain iron
the breaking or overflow OF waite
from any sewer or drain, from tn
breaking OF any water pipe or ga
pipe, or by reason Of any change 4
the grade OF said streets. and sal
grantee their successors or assigns
shall so construct tho tlacb as 10 fun
protect from damage thereby any an
all sewers, water pipes ana mali
gas or other pipes, running benent
the surface Of the streets; wheneve
p the surface drainage Of any stree
whether improved ol Gnm,p'nv l.
' obstructed by the laying Of sal
track, the said grantee, their success
{ ors or assigns. shall construct a
| catch basins and pipe lead-offs. {
: relay so much OF the paved roadwa