Lexington gazette. [volume] (Lexington, Va.) 1871-1962, 1910-11-09

ms to furnish lieht within laid Town "a
hereinbefore required within six months
from the tune the grantees bid shall
oe accepted and the grant Hereunder
becomes effective.
18Th. Upon the termination OF the
franchise granted az aforesaid, or any
renewal thereof, whether by expirati ion.
forfeiture or otherwise. all right, title,
and Interest OF every kind and tescrip-
lion now held, or at any time hereaf-
ter acquired, ty said grantee AMI all
persons claiming 10y, through or Under
it. TO the poles. wires aud cables. placed
pr usei by it within said Town shall by
the Tact Of such termination be and be-
come the property of the said Town
without further charge, the franchise
granted as aforesaid being deemed az
adequate consideration therefor
18th. The said grantee shall annually
on or before LIST day of December
pay into the treasury OF said Town the
amount bid by ii for the grant OF the
franchise herein provided for which
shall be tax on said grantee enforce.
able aud subject to penalties as other
taxes OF said Town.
10th. The Council shall have power
20 provide by ordinance for the pun
isnment by fine, OF not exceeding fifty
dollars Tor any one offense, for any in
fraction by the grantee of any of the
requirements OF said franchise or grant;
provided that each days continuance
OF such Infraction shall In no event be
inade TO include more than one offense.
2lst. In she event of the failure of
the said grantee to keep in good work
ing order the plant, poles, wires, cables
and other appliances herein provided
for, or to furnish the lights ana electric
I currents and pressure in the manner
and to the extent provided, or to per-
J form any or all of the requirements. OBJ
legations or duties herein, or by law
imposed on said grantee, the Council
, OF said Town shall have the power, by
vote OF two thirds of the members
elected thereto. to declare such fran.
chise. rights and privileges herein pro-
vided for to be forfeited; but before
I such action by the Council shall be
: taken it shall give said grantee full
opportunity to be heard by Council and
TO adduce such legal evidence az NAV
D be Proper. Should SAID grantee be
L, dissatisfied with such ecrion by the
D Ccurcil it may apply to the Circuit
! Court OF Rockbrldge County by bill in
equity to enjoin the enforcement OF
such action by the Council. In such
r bill the burden of proof shall be on the
: grantee and the only ground Of relief
J shall be that the Council erred In deter
J mining that the said grantee had failed
to comply with one or all of the obi
cations or duties devolving On said
} grantee as aforesaid. In determining
whether or not the said grantee has COM
piled with its obligations or duties in
the premises, whether such deterIrina
; tion be by the Council or said Court.
rothing shall be considered as leliev-
ing said grantee from the performance
OF such duty or obligation except i'm
possibility. caused by the act OF God or
the public enemy; and high OF low wa
ter or other conditions OF weather nhall
not be considered as the act of God
within the mt aiming Of said obligation
: or duty.
22nd. The franchise. rights and priyi-
leges herein provided for, shall not be-
cone operative until the said grantee
shall have entered into bond with Sc
curity approved by Finance Committee
and the City Attorney In the penalty of
Three Thousand $4,000 Dollars and
conditioned unon the constructing and
putting in operation ard maintaining
the plant, poles, wires, cables, and o, h
er appliances and furnishing the cleo
tricity and lights tn man ner and form
as herein prov ded. The protection
provided and remedies and relief Sc
cured to said Town by the three clauses
idcN pEcSSQluR are CuiuulEllNe aDQ the
exercise OF one or more shall In no
wise impair the right of the said Town
to exercise the other or others, nor
: shall the waiver of one constitute a
waiver OF any of the others.
23rd, Neither this ordinance nor any
rights conferred III pursuance hereof
r shall be construed or operate to waive
or impair any rights held by said Town
! respecting any former grant or fran
T "hlse or former contract, whether by
waJ of forfeiture by the Town OF such
. franchise or contract or otherwise.
= Second. This ordinance shall be
forthwith advertised in THE LEXING-
TON GAzETTF and in the Rock bridge
e county News, newspapers published
e IN the Town of Lexington, each, once 4
l week for four successive weeks.
Approved
SAM'L b. WALKER, JR,
a. p. WADE, Clerk, Mayor
e A copy teste
:. A. p. Wade, Clerk OF the Council
IN % n r