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


Be II ordained by the Council of the
City Of Richmond;
Section L. That there shall be granted
in the mode prescribed by law the
rights and privileges on, over and under
the streets and alleys of the City of
Richmond. which are embodied in the
following ordinance:
AN ORDINANCE
TO GRANT PERMISSION TO THE
-......,.,s........ TO ERECT POLE
AND RUN WIRES ON THE STREETS
AND ALLEYS OF THE CITY OF
RICHMOND, AND TO CONSTRUCT
CONDUITS OR SUBWAYS THERE
UNDER, AND TO FURNISH LIGHT
AND POWER BY ELECTRICITY.
Be it ordained by the Council of the
City of Richmond:
l. That the. .,.. :. ..... and is here
b. authorized to erect poles and run
wires over, and construct conduits or
suhways, and run wires therein un1ef
and along the streets and alleys of the
City OF Richmond, and to furnish and
supply electric light and power. subject
to the conditions. limitations and pro
visions set out In Chapter 40, Richmond
City Code, 1910, so far as applicable, and
to any amendments thereto heretofore
or hereafter made, and also upon the
terms an dconditions hereinafter set
forth, so far as they may be in CON
fiiet with the said chapter or supple
mentary thereto.
2. All conduits and man holes shall
be built with capacity of at least
thirty per centum larger than the said
l............,.. shall need for its own
wires and purposes as determined by
the Committee on Streets No poles
shall be erected, condufts constructed.
or wires run until the route to be used,
a v1 he tharanf shall have hepn
nrst- determined and approved by the
Committee on Streets; and the said
lcQmmittee- may require the said com
pany to use and occupy the conduits
and poles already erected by any other
person or corporation. or which may
be hereafter erected, before the rum
ming of wires upon such route, The
| said. .....,.....i in the equipment of it's
condufty, subwsys. poles, wires, fixtures
and other works shall use such APP
| pliances as win prevent injury by
electroiysfs. or in any other respect
t,cause Injury or damage to the water
and gas mains and pipes, and other
public improvements of the city. and
will nay to the city all damages oc-
casioned by electrclysis- or other in
| jury or damage caused thereby. and
will indemnify and save harmless the
city from all claims of damages oe-
ing out Of injury to such mains or
pipes from such cause or causes
Whenever and wherever the City of
| Richmond proposes the permanent i'm
proyemsnt of any street. paving, etc.
and appropriation shatt have beer made
for such Improvement and the work
ordered TO be done. and proper notice
shall have been given by the City
notifying said parties that tie Inn
provement will be made: and upon re-
ceipt of such notice said company shall
at once proceed to install such pipes,
tcoHduits. wires and connections and
make such underground construction
| as Is necessary for conveying electric
! light and power along said street. and
up TO the curb line on either side
| thereof. az will be required for the
general public use. and construct the
same within thirty days after receipt
of said notice, and for failure to In
stall said eondnits. pipes, wires, etc.
! In accordance with the provisions con-
tained In the franchise granted said
fccrapany 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 on Streets
shall have the right. and it Is hereby
authorized, to extend the time in which
said ...........,.... shall complete the
! installation of such pipes, conduits,
wires and connections and make sucn
underground construction as is neces-
sary. Ii. In the Judgment of said Street
COMMITTEES, said extension of time may
be necessary and proper. And the
| said company agrees and binds ftssif
to keep and hold the city free ana
/ harmless fren 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
ment. maintenance, repair or operation
OF the works and fixtures hereby an-
thorixed and whenever the city Is
! liable therefor, and the city shall be
sued for such damage, either independ-
emily or jointly with the said com pany
on account thereof the said company.
upon notice to II by the city viii de-
| fend the city in such suit and in event
| OF a Judgment being obtained against
the city. either Independently or Jointly
with the said company. on account OF
acts or omissions of the said company,
then the said company will pay such
J Judgment with all costs and hold the
| city harmless therefrom: and II is here
| by expressly stipulated and agreed, In
the event that the said company shall
1 fail to Indemnify and save harmless the
i City OF Richmond from such damages
las are mentioned in this section, or
shall fail To defend any such suit. or
shall fail to pay any such Judgment
land costs license or other taxes legally
/ due and owing, or any fine imposed
under the ordinances OF the City OF
fRichmond.s the said City of RfehmoHd
shall have a prior lien on the fran
4 ChlSGN, kEbSS cAIhlHkS oil ali AAS
| real and personal property Of said com
pany to the extent of tho said taxes,
| damages, Judgment. costs and fines;
and no mortgage. deed of trust, sale,
I hypothecatfon or conveyance executed
by the said company shall defeat or
take precedence over the said lien.
+. 5. Tire privileges. hereby granted shall
Eexptre by limitation on the esd day OF
December 1a37. unless sooner forfeited
and upon the forfeiture or termination
OF the franchises hereby granted. the
plant as well as the property, II any
! OF the 9afu IN Inv
/ streets and alleys or other public places
| OF the city shall, in the event the city
| desires 10 acquire the same, become the
property of the CITY OF RICHMOND upon
! the payment OF a fair valuation there
| fbr. but the said company shall be
entitled To no compen sation by reason
| or the value OF the franchise Hereby
granted; such compensation. II not
agreed upon bet ween the City OF Rich
mond and said company more than six
months before the tarmfratian CO such
franchise by. lapse OF time or within
1 thirty days after forfeiture shall be
Idetermined by arbitration. one Of the
farbitrators to be appointed by tho City
81 Richmond, one by saii company. and
49, thfrd hy the HuStinyd Court Of the