Lexington gazette. [volume] (Lexington, Va.) 1871-1962, 1910-11-16

as to furnish light within said Town 81,
hereinhefore required within six month,
iron The time the grantees bid shall
De accepted and the grant thereund-,
becomes effective.
ioih. upon the termination of the
franchise granted AZ aforesaid. or any
renew al thereof, whether by expiration
forfeiture or otherwise. ali right. title
and Interest of every kind ani descrip'
tion now held, or at any time hereaf
ter acquire J. by said grantee and all
persons Claiming by, through or Under
~ 10 the poles. wires aud Cables, u laced
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 flancbIs.
granted as aforesaid being deemed a,
auequate consideration therefor
iS'h. The said grantee shall annually
on or Cefore let day of Decembsr
pay into the treasury OF said Town tho
amount bid by it for the grant of inc
franchise herein provided for which
snail be tax on said grantee enforce
aoie aud subject 10 penalties as other
taxes OF said Town.
SOth- The Council shall have power
20 provide by ordinance for the pun
lshment by fine, OF not exceeding 1ftv
Traction toy the grantee of any of tho
requirements of said franchise or grant.
provided that each days continuance
oil such infraction shall in no event me
mace 10 include more than Que ofTense
2lst. In the event of the failure Of
the said grantee to keep in good work.
ing order the plant, poles, wires. cables
ana other appliances herein provided
Tor, or to furnish the lights ana electric
currents and pres in the manner
ana TO the extent provided, or TO rer.
form any or all of the requirements. ob.
lRations or duties herein, CT by Jaw
iin posed on said grantee. the Council
OF said Town shall have the power bv
vote of two thirds of the members
elected thereto, to declare such fran.
chIse. rights and privileges herein nro
vlued Tor to te forfeited; but before
SUCH action by the Council shall H.
taken 1T shall give said grantee tull !
opportunity TO be heard by Council ami |
to adduce such legal evidence a. may
be Proper. Should sand grantee be
dissatisfied with such action hv tLs
Ccurcil 1t may apply To the Circuit |
curt OF Rockbrdge County bv biz In |
equity TO enioin the enforcement OF |
such action 10y the Council. In such |
Dill the burden of proof shall be- on ih., |
snail be that the Council erred i'm defer
mining that the said grantee had failed |
TO comply with one or all OF the obi
cations or duties devolving on said
Srtntre as afOr said. In determining
whether or not the said grantee has com
pneu with Its Obii.sa ions or duties in
ne premises, whether such determine
-Ioc be by the Council or said Court
'othing shall be considered as leliev-
ny said grantee from the performance
)t such duty or obligation except i'm.
possibility, caused by the act OF God or
ne public enemy; and high OF low wa
-er or other conditions of weather ohall
lot be considered as the act of God
"itnln the meaning OF said obligation
DR. duty.
22nd. The franchise. rights and privi-
eyes herein provided for, shall not be-
ome operative until the said grantee
hall have enter ed into bond with Sc
urity approved by Finance Com uittee
M The CITY Attorney in the penalty OF
Three Thousand (S3 ,0OO) Dollars and
oIdltioned upon the constructing aud
utting in operation and maintaining
he plant, poles, wires, cables. and 9th
r appliances and furnishing the cleo
ricity and lights in manner and form
IS herein prov ded. The protection
ToViueu ana remedies and relief Sc
ured TO said Town by the three clause.
asst preceding are cumulative and the
xercise OF one or more shall in no
Else impair the ris hit of the said Town
exercise the other or others, nor
nall the waiver of one constitute
waiver of any of the others.
2Std, Neither this ordinance nor any
lights conferred in pursuance hereof
hall be construed or operate to waive
II impair any rights held by said Town
expecting any former grant or fran
Mise or former contract, whether by
VaJ of forfeiture by the Town OF such
ranchlse or contract or otherwise
Second This ordinance shall be
orthwith advertised in THE LEXING-
ON GAZETTE and in the Rock bridge
'ounty News, newspapers published
Il The Town of Lexington, each, once a
week Tor four successive weeks.
Approved
SAM b. WALKER, JR,
p. WADE, Clerk, Mayor.
A copy teste
a. p. Wade, Clerk of the Council
of the Town of Lexington, Va.
Nov q 10 1T