The Maryville times. (Maryville, Tenn.) 1884-1944, 1920-03-24

avenue, or public place.
Section XI. The City of Alcoa
shall not become liable for any IN
jury or damage to person or proper
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
property which its fault, negligent
act or want of due care may cast
upon said City. The said City shall,
however, Immediately notify in writ
| ing the said Company of the COM
mencement against it of any action,
suit, or proceeding, at law or in
equity, and of the presentation to it
of any claim for damages, on account
of which, or of any judgment in
which, said City would or might be
entitled to claim indemnity from said
| Company under this section or other
wise, and the said Company may
thereupon elect, within twenty days
after the receipt of said notice, to
defend such action, suit, or proceed
| ing, or to satisfy or dispose of such
claim, on behalf of said City but
through its own attorneys and at its
own expense. In the event that the
said City shall neglect or fail to give
such notice, then both all right to
indemnity 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 XII. In the event that
any injury or damage to the streets,
pavements, or property of the City
occurs by reason of any negligent or
unlawful act or omission of the said
| Company, the said Company may,
within a reasonable time after such
occurrence, elect to repair and re-
store the same to their former condi-
ton, or to replace the, same, and
upon so repairing, restoring or re-
placing the same, with reasonable
diligence, all right and claim of said
City against said Company to dam
ages and indemnity for such injury
shall cease and be satisfied.
Section XIII. Nothing hereinbe-
fore contained shall be construed to
prohibit the said Knoxville Power
Company, subject to the approval Of
the Railroad and Public Utilities
Commission Of the State of Tenn
essee, and Of the City of Alcoa, from
leasing or assigning its property and
its rights, privileges, and franchise
hereunder, or any part of the same,
in and for the whole or any part of
the territory which is or may here
after be within the said City, to, or
merging or consolidating the same
with, the property, rights, privileges,
and franchises of any public utility
of like character, and the right to so
lease or assign the same, on the con-
ditions above expressed is hereby
granted to said Company by said
City, nor shall anything hereinbefore
contained be construed to prohibit
the said Knoxville Power Company
from furnishing water and perform
ing its obligations under this ordin-
ance through such agents as it may
! select, which right is hereby granted
by said City to said Company, the
said Company remaining liable and
responsible, however, according to
the terms Of this Ordinance, for the
due and proper performance by any
such agents of its duties and obliga-
tions hereunder,
Section XIV. That the rights,
privileges, and franchise hereby
granted shall be valid when approved
by the Railroad and Public Utilities
Commission of the State of Tenn
essee, as required by Section z of
Chapter 40 of the Public Acts of
Tennessee for 1919, whether such
approval precede or follow the day
upon which this Ordinance takes eff
feet according to its terms.
Section XIV. That after both the
approval of this franchise by the
Railroad and Public Utilities Com
mission of the State of Tennessee
and the day upon which this Ordin-
ance takes effect according to its
terms this Ordinance shall be tender
ed by the said City to the said Knox
vile Power Company, for acceptance
by said Company, and, upon the fill
ing with the Recorder of said City of
Alcoa of the acceptance in writing
of the same and of the rights, privi-
leges and franchise hereby granted.
the same and all of it's terms and
conditions shall become and be
deemed contract between the said
City and the said Company and be
enforceable as such by and against
the parties thereto and their success
sors..
Section XVI. That this Ordinance
take effect fifteen days from and
after its final passage, the public
welfare requiring it.
w. V. ARNOLD,
Vice-Mayor of the City of Alcoa.
ATTEST:
A. B. SMITH,
Recorder of the City of Alcoa,
Passed first reading Aug. 7, 1919
Passed second reading Aug. Fl,
1919.
Passed third reading Dec 18, 1919.
A. B. SMITH,
Recorder.
M. 17-24-31 A. 7.
ORDINANCE NO. 80