Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1916-05-11

.-
! Section 20. LIST. Except as by
this Act otherwise so provided, the
! rights and privileges named in Sec
| ton ? hereof are granted to the said
! Company upon such terms. conditions
| and restrictions as now are or may
! hereafter be inn osed by the laws of
/ the Territory OF Hawaii in relation to
| the matter OF construction and main
| tanning street railways in the District
! OF Honolulu. Island Of Oahu. and a
strict compliance with such laws Is
Thereby REQUIRED OF the said Company:
2nd. The right to grade. sewer,
| pave. maCadamiZe or otherwise i'm
| prove. alter or repair any or all of
the streets, roads or highways above
mentioned, and Of all other places in
said district, is reserved to the City
| and County of Honolulu. and may not
! be alienated or impaired; but any
work in CARRYING out and performing
| such reserved rights shall be done in
! such manner as to ObstruCt or injure
! the railway hereby authorized as lit.
! tie as possible: but if such improve
ment, alteration or work in accordance
| herewith upon such streets. or roads,
necessarily interfereS VIII the grade
or location of such railN ay. the said
railway shall be altered and made to
| correspond with the improvements, al
! iteration or grade upon being so re-
! quired, which work shall be completed
within a reasonable time to be fixed
! by the Eoard Of Supervisors.
3rd. The said Company. before lay
! ing the railway uUOn any of the streets
! or roads in the District of Honolulu,
shall ASCERTAIN the lawful grade of
such streets or roads from the Board
of Supervisors. who shall furnish the
required information within a reason.
able time. The tracks of such Com
pany shall conform to the grades of
said streets or roads on which they
are laid down as furnished by the
| Board of Supervisors, and the said
| Company shall not in any way change
or alter the same without the line and
/ grades of its streets at any time that
! the public interests demand such
changes; and the said Company shall,
| at it's own cost, within thirty DAYS,
| conform to sucn new lines or grades
| in reco1structing its tracks or lines,
| upon receiving notice in writing from
| the Board of Supervisors. and such
| changes shall be made subject to the
approval Of the Board of Supervisors.
And in all cases of street improve
ments by the City and County of Ho-
nolulu, the said Company shall con-
form to all such improvements, in the
kind Of pavement and the manner of
laying the same, and the location of
a
as directed by the Board of Super.
visors. .."e .=..
In case of neglect by the said Com
pany to make such repairs. changes or
| improvements required of it by this
section, they shall be made by the of.
! ficers, servants and employees of the
| City and County of Honolulu, and
the cost of such repairs, changes or
| improvements may be recovered by
the said City and County of Honolulu
from the said Company" .- =.
| Section 7. Section SO Of said Act
is hereby amended to read as follows:
Section &c. Whenever said Com
pany refuses to do or fails to do or
perform or carry out or comply with
any act, matter or thing requisite or
required to be done under the pro-
visions of this Act, and shall continue
SO to refuse or fail to do or perform or
carry ont or comply Herewith, after
due notice by the Public Utilities Com
mission to comply Herewith, the Pub
lie Utilities Commission may, with
| the consent of the Governor, cause pro-
ceedings to be instituted before
the proper tribunal to have the fran
chise granted by this Act, and all
rights and privileges granted there
under, forfeited and declared null ana
void"
Section 8. Section 81 of said Act is
hereby amended to read as follows:
Section 81. Issuance of Stocks and
Bonds. Said Company may increase
it's capital stock to One Million Six
Hundred Thousand Dollars ($1,600,-
000), and may issue to it's stock
holders or their representatives or
assigns, sufficient additional paid-up
stock to make the entire capital stock
issued by said Company of the par
value of One Million Six Hundred
Thousand ($1,600, 100000 Dollars. The
entire proceeds of all stocks and
bonds, except refunding bonds here
dIIeT lSSuSu ny Sdlu NOu1pddlyy ohni
be applied to capital expenditure, and
no further issue of stock shall be
made excepting upon payment for
the same in cash at not less than
par The said corporation is further
authorized to issue stock beyond the
limit provided in it's charter upon the
approval of said Public Utilities Com
mission, upon payment for the same
in cash at not less than par"
Section g. Section SO of said Act
is hereby amended to read as follows:
Section 49, The franchise hereby
granted shall not be construed to be
exclusive" i !.
Section 10. There shall be added
new section, to be known as Section
80, to read as follows: +"
Section 80. Power is hereby
granted to the Public Utilities Com
mission to compel said corporation
and it's successors to make extensions
of its service lines within the District
of Honolulu, and to maintain and OPP
ha nh q NO