The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-09-28

= AND POWER BY ELECTRICITY.
Be it ordained by the Council Of the
City of Richmond
/. That the. -..,.... ...... and is here
b. authorized to erect poles and run
wires ever. and construct conduits or
suhways, and run wires therein unEer
and along the streets and alleys of the
Eity Of Richmond. and TO furnish and
supply electric light and power subject
Ito the conditions limitations and pro-
visions set out In Chapter 40, Richmond
City Code. 1910, SO far as applicable, and
ito any anne ndments thereto heretofore
or hereafter made, and also upon the
Fetms an deonditions hereinafter set
forth. so far as they may be in con-
!fict with the said chapter or supple
tmentary thereto.
2, All conduits and man holes shall
be built with capacity of al least
thirty per centum larger than the said
It....-...-.......sh shall need for it's own
wires and purposes as determined by
the Committee on Streets No poles
shall be erected, conduits constructed
lpr wires run until the route to be used,
and the extent thereof shall have been
first determined and approved by the
Committee on Streets, and the said
eommittes may require the said com
Ipany 10 use and occupy the conduits
and poles already erected by any other
person or corporation, or which may
be hereafter erected, before the run
said =. -. in tine equipment of it's
eonduits. 4abways. poles, wires. fixtures
and other works shall use such APP
iipliances as will prevent injury by
siectrolysis. or Ia any other respect
cause injury or damage to the water
and gas mains and pipes. and other
public improvements Of the city, and
will pay to the city all damages oc-
casioned by electrolysls. or other in
jury or damage caused thereby, and
will indemnify and save harmless the
city from all claims OF damages oc-
casioned any person or property grow
Ing out of injury to such matns or
pipes from such cause or causes.
| Whenever and wherever the City of
Richmond proposes the permanent i'm
prevement of any street paving, etc.
and appropriation shall have been made
l. for sAcb Improvement and the work
Ierderea- to be don. and proper notice
shall have been given by the city
Engineer to ,.,...-....,. --..,....--
notifying said parties that the I'm
provement will be made; and upon re-
ceipt OF such notice said company shall
at once proceed TO install such pipes
Econduits wires and connections and
make such underground construction
as is necessary for conveying electric
.ptght and power along said street, and
Ihp TO the curb line on either side
Thereof as will be required for the
Eeneral public Use. and construct the
same within thirty days after receipt
OF Hai0 notice, ana IDF IalIGFe TO III
stall said conduits pipes, wires etc,
tn accordance with The provisions con
tained In the franchise granted said
lcompany within the time specified. the
said company shall forfeit all right
for the use of such streets for the sup
ply of light and power by said com
pany but the Committee or Streets
shall have the right and II is hereby
fapthorissd to extend the time In which
said observation-disclosures. shall complete the
tru n cpniniFS.
wires and connections and make such
Underground construction as is neces-
Isary, IL in the judgment of said Street
iCommittee. said extension Of time may
De necessary and proper And the
| said company agrees and binds itself
20 keep and hold the city free and
harmless from liability fer any and all
| damages that may accrue TO any per
son or persons on account of injury
or DAMAGE to person or property grow
ing out Of the construction improve
mcnt, maintenance, repair or operation
! Of the works and fixtures hereby ad-
thoriEed. and whenever the city Is
liable therefor. and the city shall be
sued for such damage, either independ-
entity or jointly with the said company
on account thereof the said company,
upon notice to ii by the city viii de-
ifend the city In such suit and in event
lof Judgment being obtained against
tth. city. either Independently or Jointly
with the said company, on account OF
acts or omissions of the said company,
them the said company will pay such
/ Judgment with all costs and hold the
Ibity harmless therefrom; and 1t is here
Iby expressly stipulated and agreed, In
I.ha event that the said company shall
fan to indemnify and save harmless the
lCHy of Richmond from such damages
las are mentioned in this section, or
lbhan fail TO defend any such suit or
shall fail 10 pay any such judgment
and costs. license or other taxes legally
lander the ordinances of the City OF
| Richmond the said City Of Richmond
| shall have a prior lien on the fran
chises, gross earnings and on all the
| real and personal property OF said com
pany to the extent of the said taxes
| damages Judgment costs and fines
land no mortgage, deed of trust, sale,
iaypothecation or conveyance executed
BY the said company shall defeat or
| take precedence over tho aald Hen
g. The privileges hereby granted shall
expire by limitation on the a3d day of
| December. 1927. unless sooner forfeited,
and upon the forfeiture or termination
of the franchises hereby granted. the
plant as we'll as the property, II any,
OF the said .,........,,- ...+t... in the
| streets and alleys OF other public places
! Of the city shall in the event the city
desires to acquire the same, become the
property of the City of Richmond upon
the payment of a fair valuation there
| for. but the said company shall he
/ entitled 10 no com pensatton by reason
/ Of the value OF the franchise hereby
granted: such compensation, II not
agreed upon between the City Of Rich
mond and said company more than six
| months before the termination % src h
/ franchise by lapse of time or within
thirty days after forfeiture shall be
determined by arbitration. one of the
/ arbttrators to be appointed by the City
I 81 Richmond, one by sad company, and
the third by the Hastings Court nf the
/ city OF Richmond, and upon the pay
ment Of the compensation, either agreed
j upon as aforesaid, or ascertained by the
| board OF arbitrators 10 be appointed as
| aforesaid, the plant and property of the
| said company shall vest absolutely In
| the City OF Richmond. Or III the event
| the city does not desire to ardusra the
! same. the said city may require all
( OF said property To be removed from
the streets or other public places at
the expense OF the owner. and within
| . time prescribed BY the Committee on
Streets may require thar the said owner
shall, at his own costs, restore the
| streets where disturbed TO q condition
satisfactory to the said committee, or
the said city may authorize such
owner to sell such property 20 any
I person who shafi hAvs' basn granted
franchise TO use the streets and
scribed by law In the event the city
desirss 10 acquire the said plant ana
property as aforesaid II shall notify
the company of Its desire. and of the
arbitrator II has appointed In case of
inability to agree with the company
On the price to be paid for the plant
ard property aforesaid. and In case
appoint It's arbitrator as herein pro-
yidaH foy Ufthfu tan daya after hatns