The Maryville times. (Maryville, Tenn.) 1884-1944, 1920-04-07


scribe by ordinance reasonable regu-
lations, not inconsistent with the
provisions of this Ordinance, desig-
mating the portions of the said
streets, avenues, alleys, sidewalks,
highways, bridges, viaducts and
public places in, upon, over and
place and maintain its poles, wires,
pliances.
Section 7. The said Knoxville
Power Company shall not do any
permanent injury to any street, side
walk, alley, public place, or in any
manner unnecessarily disturb or
interfere with any sewer or other
pipes, poles, structures or wires now
or hereafter placed by said City, or
any authorized person, and when
said Knoxville Power Company shall
open ground in said City, it shall
| forthwith restore the street, pave
ment, sidewalk, or ground, or the
sewer OF other pipes, to a condition
equally as good as before, at its own
expense, and if said Company shall
| fail or refuse to do so, the same may
be done by the said City and the
said Company shall be liable for and
pay the cost thereof. But nothing
in this Ordinance contained shall be
construed to forbid the placing and
maintaining by said Company of
poles, cables, wires, cOnduits and
other structures, appliances and APP
purtenanceS in, upon, over and under
such portions of streets, avenues,
alleys, sidewalks, highways, bridges,
viaducts and public places as may be
prescribed by said City as proper
places therefor, nor to forbid the
exercise by the said Company of any
rights granted it in Section l of this
| Ordinance.
Section 8. In the event that any
street, avenue, alley, sidewalk, high
way, viaduct, bridge, public place,
curbing, sewer, drain, gas or other
pipes, conduits or structures shall
hereafter be opened, extended, widen
ed, repaired, graded, relocated, va
Gated, altered, layed, built or i'm
proved by said City, so as to necessi-
tate a change in the location of any
poles, structures, wires, cables,
power houses, buildings conduits,
appliances, devices, machinery, or
their appurtenances, which are the
property of or maintained by said
Company or by its authorized agents,
or so as to cause damage to or to i'm
pair the usefulness of the same, or to
necessitate unusual expenditures by
said Company of their preservation,
or for the continuance of supply Of
electric current during or after such
opening, extension, widening, repair
ing, laying, grading, alteration, re-
location, vacation, building or i'm
proving, the said City shall be liable
to the said Company for all loss and
damage suffered by said Company by
reason of the premises and will pay
said Company the amount of the
damages, losses and expenses caused
said Company by the acts enumerat-
ed above and further will indemnify
it for any losses arising by reason of
any interruption of its service to the
City and to its customers caused
thereby.
Section 9. The said Knoxville
Power Company shall not open OF
cucumber more of any street, ave
nue., alley, or public place at any one
time than may be reasonably neces-
sary and convenient to enable it to
proceed with advantage in the plac
ing, maintaining or repairing of any
such poles, structures, cables, wires
conduits, devices, appliances, and the
appurtenances thereto, nor shall sale
Company permit any such street
avenue, alley, or public place tC
remain open or encountered for 6
longer period than shall be reason,
ably necessary and convenient tC
execute the work for which the same
shall have been opened or cucumber
ed or without putting up necessary
barriers and lights so as to effectu
ally prevent the happening of any
accident in consequence of said open
ing or encumbering of such street
alley, avenue, or public place.
Section 10. The City of Alcoa
shall not become liable for any in,
ty resulting from the fault, negligent
act, or omission of said Company in
any manner or matter; and the said
Company shall indemnify and save
harmless said municipality from all
injury or damage to person or prop
erty which its fault, negligent act or
want of due care may cast upon said
City. The said City shall, however,
llllHlSuldLSly HOJlly Ill WIIIlHS Iue
said Company of the commencement
against it of any action, suit, or pro-
ceeding, at law or in equity, and of
the presentation to it of any claim
for damages, on account of which, or
of any judgement in which, said
City would or might be entitled to
claim indemnity from said Company
under this section or otherwise, and
the said Company may thereupon
elect, within twenty days after the
receipt of said notice, to defend such
action, suit, or proceeding, or to
satisfy or dispose of such claim, on
behalf of said City, but through its
own attorneys and at its own ex-
pense. In the event that the said
City shall neglect or fail to give such
notice then both all right to in
demnity on the part of the said City
under this section or otherwise, and
the obligation to indemnify and the
agreement as to liability in this
section contained, shall cease, deter.
mine and be discharged as to such
suit, action, proceeding, or claim
and the subject matter thereof.
Section IL. Nothing hereinbefore
contained shall be construed to pro
hibit the said Knoxville Power Com
pany, subject to the approval of the
Railroad and Public Utilities Com
; mission of the State of Tennessee
r Al.