The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1913-05-02

lanes, avenues, sidewalkss cross walks,
or any other public place or places,
and so that the said wires shall not
interfere with and be not less than
four (D feet at the time of their cree
ton, from any other wires, except
service wires and taps, lawfully en-
titled to be in any of the said streets,
alleys, avenues, lanes, sidewalks,
cross walks. or any other public place.
Sec. g. When the said grantee, it's
successors or assigns shall make any
excavation, dig any ditch, hole, trench,
or in any manner whatsoever inter-
fere with any street, alley, lane, ave-
nue., sidewalk, crosswalk, or any 9TH
er public place or places, pavement,
or other public Improvement, the same
shall be repaired as soon as possible
under the circumstances; and in the
event that the said grantee, its sue
cessors or assigns, shall fail or refuse
to repair and maintain any excavation
in any street, alley, lane, avenue, side
walk, cross walk, or other public
place or places, as in this section pro-
yided, within reasonable time after
notice from the said city so to do,
said city shall proceed to have any
repairs done it may deem necessary
to put the streets, alleys, lanes, ave-
nues, sidewalks, cross walks, or other
public place or places in as good con-
dition as it was before such inter
ference by the said grantee, it's sue
cessors and assigns, and charge such
repair to the said grantee, it's success
sors or assigns. And the said grantee,
herein, it's successors or assigns, agree
to and with the said city to the above
and foregoing conditions, and when
ever the said grantee, it's successors
or assigns, shall repair the said
streets, lanes, avenues, sidewalks,
cross walks, pavements, or other pub
lie place or places, as herein desig-
mated, the same shall be put in as
good condition as it was before such
interference by the said grantee, it's
successors and assigns.
1t is further provided that, prior to
the commencement of construction
work hereunder by the said grantee,
it's successors or assigns, said gran
tee, it's successors or assigns shall
file with the city clerk of said city of
Twin Falls, Twin Falls County, State
of Idaho, a good and sufficient bond
in the sum of two thousand (2,000)
dollars, as security that the said gran
tee, its successors or assigns, shall,
after the opening of any street, alley,
avenue, lane, sidewalk, cross walk,
pavement, or other public highway or
public place or places, replace the
same and put it in as good condition
as the same was before it was dis
turbed or opened.
1t is further agreed that said bond
I, al, hoe ,1,~l1 J. al
times during the life of this franchise,
kept in force by the said grantee, it's
successors or assigns.
Sec. 4. All poles, conduits, under
ground conduits and electrical con-
ductors OF whatsoever kind or ma
ture, shall be placed in such a posi-
ton that they will not interfere with
any water pipes, sewer pipes, wires,
underground conduits, poles
or electrical conductors, or other APP
OF whatsoever kind or
nature, or any other pipe or pipes be-
longing to the said city or to any 9TH
err person or persons, firm or corpora
ton, or association, now lawfully en-
titled to be in such street, alley, ave-
nue., lane, sidewalks, cross walks, or
any other public place or places. All
wires placed and stretched by virtue
of this franchise shall be safely placed
at not less than thirty 600 feet, ex-
cept in special instances where low
err height is permitted or ordered by
the city council, from the ground in
such a way that they shall not inter-
fere with the reasonable use of the
streets, alley-ways, and public places
by the public, and at least four ca |
feet from any and all wires, except
service wires and taps, now lawfully
entitled to be lin any Of said streets,
alleys or public places; and the loca-
ton of the poles, lines and conduits |
shall be under the direction of the city |
Sec 5. The City of Twin Falls shall |
in no way be liable or responsible for
any accident or damage that may oc-
cur in the construction, operation or
of said poles, wires, con-
duits, underground conduits, electric
al conductors or other appliances or
sewer pipes, water
pipes, gas pipes, or any other pipe or
pipes, by reason of the default or mis-
conduct, or otherwise, or at all, of |
The Beaver River Power Company, it's |
or assigns, or any of it's
employees or agents, and the accept
ance of this grant shall be deemed an
agreement on the part of the said The |
Beaver River Power Company, it's sue
cessors and assigns, to save the city |
harmless from and against all liabil-
lty, loss, costs, expense and damage
of any nature whatsoever, arising out |
Of any such default or misconduct or
which may accrue by reason of any
accident or injury which may occur
in, or by reason of the construction or
operation or maintenance of said
poles, wires, conduits, underground |
and electrical conductors of |
kind or nature, and to in
demnify and repay the said city for
any loss, costs, expense or damage
of any kind it may sustain by reason
Of any such default, misconduct, acct
dent or injury which may be recov-
cred against the said city, and the
recovery thereof and judgment there
for shall be final as between the city