Lexington gazette. [volume] (Lexington, Va.) 1871-1962, 1910-11-30


forfeiture or otherwise all right. title.
and interest of every kind and descrip,
ton now held, or at any time heresf-
ter acquires. by said grantee and all
persons claiming by, through or under
10. to the poles. wires a. i cables. placed
or used By 1t within said Town shall by
the fact Of such tel mi alton b.. and be-
come the property of the said Town
without further charge, the franchise
granted as aforesaid being deemed a.
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
snail be tax on said grantee enforce
aole and subject to penalties as other
taxes OF said Town.
10th. The Council shall have power
TO provide by ordinance for the pun
ishment by fine, OF not exceeding fifty
dollars FOR any one ofYsnse, for any in
traction by the grantee OF any OF the
requirements OF said franchise or grant:
provided that each days continuanc.
OF such infraction shall in no event be
made to include more than one offense.
2lst. In The event of the failure of
the said grantee to keep in good work.
ing order the plant, poles, wires, cables
aud other appliances herein provided
for, or to furnish the lights ana electric
currents and pressure in the manner
and to the extent provided, or to per
, form any or all OF the requirements, oh
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 befo e
| such action by the Council shall be-
taken it shall give said grantee full
opportunity to be heard by Council AMI
to adduce such legal evidence a. NAV
be Proper. Should SAID grantee be
dissatisfied with such action bv the
Ccurcil it may apply to the Circuit
Court of Rock bridge County by bill H.
equity to eniOin the enforcement OF
such action 10y the Council. In such
ill the burden of proof shall be on the
ba ntee and the only ground Of relief
grail be that the Council erred In deter
shining that the said grantee had failed
miconply with one or all OF the obi
to ions or duties devolving ON SAID
/ gatntee as afore said. In determining
grather or not the said grantee has com
whed With its obligations or duties in
pliepremises, whether such detersrina-
the be by the Council or said Court
tio~ ing shall b, considered as leliev.
rOthaid grantee from the performance
Ing Sch duty or obligation except i'm
OF subility, caused by the act OF God OF
poseib lie enemy; and high or low wa
the puother conditions OF weather ohaIl
ter or considered as the act of God
not be the meaning OF said obligation
or duty.
22nd. The franchise, rights and privi
leges herein provided for, shall not be-
come operative until the said grantee
shall have enteIe ed into bond with Sc
curity approved by Finance Com mittee
and the City Attorney in the penalty oil
Three Thousand (s3 5000 Dollars and
/ Conditioned upon 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 In manner and form
as herein prov ded. The protection
provided aud remedies and relief sc
cured to said Town by the three clauses
last preceding are cumulative and the
exercise OF one or more shall in DC
wise impair the right of the said Town
to exercise the other or others, mol
! shall the waiver of one constitute q
waiver of sny of the others.
23rd. Neither this ordinance nor any
rights conferred in pursuance hereof
shall be constr ued or operate to waiv,
or impair any rights held by said Tow
respecting any former grant or fran
chise or former contract, whether b!
way of forfeiture by the Town OF sucl
franchise or contract or otherwise.
Second. This ordinance shall b.
forthwith advertised in THE LExING
TON GAZETTE and in the Rockbridg
county News, newspapers pubiishe
IN the Town Of Lexington, each, once
week for four successive weeks.
Approved
SAM'L b. WALKER, JR.,
A. P. WADE, Clerk, Mayor
, A copy teste
A. P. Wade, Clerk OF the Council