Lexington gazette. [volume] (Lexington, Va.) 1871-1962, 1910-11-23

iDrf iture or otherwise. all right, title,
aud interest of every kind and de>erir.
'icn now held, or at any time hereaf-
Ter acquire y sasl crantee an all
p-fson- cia'ulin" ~, through or ind-r
IL. 10 the poles. wiz aud cabl-s, ID acs.d
." use'i by ii Within sa'd Town ~hnIl by
the fact Il such termination b., and be-
come the property Of the said Town
without fcrihe- charge, the fiahchise
granted as afo resnid beng deemed al.
adequate consideration there for
18Th The said grantee shall annually
on or Before LIST. da- of December
pay into the treasury Of said Town the
amount bid by it for the grant Of the
franchise herein provided for which
snail be tax on said grantee enforce.
able aud subject TO penalties as other
taxes OF said Town.
10th. The Council shall have power
to provide by ordinance fer the pun
ishment by fine, OF not exceeding fifty
dollars Tor any one offense, for any in
fraction 10y the grantee Of any OF the
requirements of said franchise or grant:
provided that each days continuancs
OF such infIaction shell in no event he
made TO include more than ono ofTense.
2lst. In She event of the failure of
the said grantee to keep in good work
ing order the plant, poles, " Tres, cahias
ana other appliances herein provided
Tor, or to furnish the i, hts anQ electric
currents and pressure in the manner
ana TO the exte1t provided, or to rer-
form any or all of the REQUIREMENTS oh
ngatlons or duties herein, CT by Jaw
imposed on said grantee, the Council
of said Town shall have the power. by
vote OF two thirds of the memb beers
elected thereto, to declare such fran.
chise. rights and privileges herein pro-
vided for to be forfeited; but before
sueh action by the Council shall b..
taken 1t shall give said grantee full
opportunity to be heard by Council aud
to adduce such legal evidence, az NAV
be Proper. Should SAID grantee be
dissatisfied with such action bv tbe
Ccurcil it may apply to the Circuit
Court of RockbFidge County bv bill IL
equity to eDioin the enforcement of
sueh action 10y the Council. In such
Ill the burden of proof stall be on the
D antee and the only ground of Ieiiei
grail be that the Council erred i'm deter.
shining that the said GRANTEE had failed
micomply with one or all of the obi
to ions or duties deyolving ON said
gatOtee as aforesaid. In determiuln.,
grather or not the said grantee has com
whed with its Ob!ig; lions OF duties m
whether such determina-
the be by the Council or said Count
tloC ing shall b considered as lpliey.
roth aid grantee from the performance
Ing Sch duty or obligation except i'm
OF suoility, caused by the act OF GOD or
posei bile enemy; and high OF low wa
he puother conditions OF weather ohau |
ter or considered as the act of God |
not be the me aiming of said obligation |
Dr duty.
22nd. The franchise. rights end priv. |
eyes herein provided for, shall not be-
,ome operative until the said grantee
'hall have entered into bond with Sc
'urity approved by Finance Committee
lnd the City Attorney In the penalty of
Three Thousand (SS,0O0) Dollars and
Conditioned upon the constructing and
iutting in operation ard maintaining
he piant, poles, wires, cables end o. h
r appliances and furnishing the elec.
richly ard lights in manner and form
rs herein PROV ded. The protection
provided aud remedies and relief Sc
ured TO said Town ty the three clauses
asst preceding are cunulG tive and the
exercise OF one or Ipore shall in no
wise impair the right of the said Town
o exercise the other or others, nor
hall the waiver of one constitute a
waiver of any of the others.
23rd, Neither this ordinance nor any
lights conferred in pursuance hereof
nall be constr ued or operate to waive
II impair any rights held by said Town
expecting any former grant or fran
Mise or former contract, whether by
Say of forfeiture by the Town of such
ranchise or contract or otherwise.
Second. This ordinance shall -be
orthwith advertised in The LEXISG-
ION GAZETTE and in the Rock bridge /
,ounty News, newspapers published |
The Town OF Lexington, each, once a |
week for four successive weeks.
Approved
SAML b. WALKER, JR.,
\. p. WADE, Clerk. Mayor.
A copy teste
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