SECTION  27.  As  a  further  consideration  for  the  grant-
ing of  this  franchise,  the  said  Company  shall  in  making  ex-
cavations for  the  laying  of  mains  in  said  City  under  this
franchise  carefully  remove  the  sod,  if  there  be  a  sod,  and  lay
the  same  to  one  side,  so  as  to  preserve  the  same  and  when
said  excavation  has  been  made  and  said  main  laid,  then  said
loose  dirt,  shall  be  replaced  and  carefully  tamped  or  flushed


FRANCHISES  345

and  the  whole  of  said  loose  dirt  if  practicable  shall  be  re-
placed and  tamped  or  flushed  in  said  excavation  and  then
said  sod  shall  be  replaced  in  such  manner  as  to  preserve  the
surface  of  said  ground  in  the  same  condition  as  near  as  prac-
ticable as  before  said  excavation  was  made.  Should  said
Company  so  fail  to  replace  said  dirt  and  said  sod  as  afore-
said, then  said  Git}'  shall  have  the  right  to  replace  dirt  and
sod  as  aforesaid  or  cause  the  same  to  be  done  and  the  expense
incident  thereto  shall  be  paid  by  said  Company  to  said  City
upon  presentation  of  a  bill  for  the  same;  Provided  however,
that  where  any  excavation  is  made  in  a  paved  street  then  said
dirt  and  said  pavement  shall  be  replaced  by  said  City  and  the
cost  thereof  shall  be  paid  by  said  Company  to  said  City  upon
presentation  of  a  bill  for  the  same.
