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<br /> Section 9: The Grantee, its successors and assigns, shall
<br /> not issue any capital stock on account of the franchise hereby
<br /> granted, nor the value thereof, other than the actual and proper
<br /> costs of acquisition, and should the City institute condemnation
<br /> proceedings for the purpose of acquiring the property and business
<br /> of the Grantee , its successors or assigns, the City shall not be
<br /> required to give any compensation on account of such franchise or
<br /> its value.
<br /> Section 10: Whenever it becomes necessary to temporarily re-
<br /> arrange, remove , lower or raise the wires, cables or other plant of
<br /> the said Grantee for the passage of buildings, machinery or other
<br /> objects the said Grantee shall temporarily rearrange, remove , lower
<br /> or raise its wires, cables or other plant , as she necessities of
<br /> the case require ; PROVIDED, HOWEVER, that the person or persons
<br /> desiring to move any such building, machinery or other objects,
<br /> shall pay the entire actual cost to the Grantee of changing, alter-
<br /> ing, removing or replacing said wires, cables or other plant so as
<br /> to permit such passage, and shall deposit in advance with said
<br /> Grantee, a sum equal to such cost as estimated by said Grantee and
<br /> shall pay all damages and claims of every kind whatsoever, direct
<br /> or consequential, caused directly or indirectly by the changing
<br /> altering, removing or replacing of said wires, cables or other
<br /> plant, except as may be occasioned through the negligence of Grantee ,
<br /> so as to permit such passage. The Grantee, its successors or
<br /> assigns, shall be given not less than ninety-six (96) hours written
<br /> notice by the party desiring to move such building or other object.
<br /> Said notice shall detail the route of movement of such building
<br /> or objects over and along the streets and shall bear the approval of
<br /> said City, by such official as the said City shall designate , and
<br /> such moving shall be with as much haste as possible and shall not be
<br /> unnecessarily delayed or cause the Grantee unnecessary expense or
<br /> waste of time. Upon application to said Grantee by any person or
<br /> persons desiring to move any building, machinery or other object , and
<br /> upon advice as to the route of moving thereof, said Grantee shall
<br /> certify to any such person or persons the amount of expense to
<br /> Grantee for changing, ' altering, removing, or replacing said wires,
<br /> cables or other plant, and said Grantee shall in no event charge any
<br /> person or persons any sum in excess of the amount so certified. The
<br /> provisions of this section shall be carried out in accordance with
<br /> the Ordinances of the City regulating such matters ; PROVIDED,
<br /> HOWEVER, this section shall not apply to the City when engaged in the
<br /> performance of any public work as in this franchise provided.
<br /> Section 11: The Grantee , by its acceptance of this Ordin-
<br /> ance and the franchise, rights, privileges and authority herein
<br /> granted, covenants and agrees for itself, its successors and assigns,
<br /> to comply with and be bound by the terms of this ordinance, and to
<br /> perform each of the covenants and conditions set forth. The Grantee
<br /> shall be deemed to have forfeited all of its rights, privileges
<br /> and franchises unless it shall, within sixty (60) days after the
<br /> passage of this ordinance, file with the City Clerk of the said City-
<br /> its written acceptance of the rights and privileges hereby conferred,
<br /> and the obligations and conditions hereby imposed.
<br /> Section 12: No sale , lease or assignment of this franchise
<br /> shall be effective until the assigns or lessee shall have filed in
<br /> the office of the City Clerk of the City, an instrument, duly
<br /> executed, reciting the fact of the sale , lease or assignment and
<br /> acce_ ting the terms of this franchise, and agreeing to perform the
<br /> conditions required of the Grantee.
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