The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-09-07

At once proceed to install such pipes.
conduits wires and connect Ions and
make such underground construction
as IL necessary for conveying electric
ffght and power aiong said street., and
up to the curb line on either side
thereof. a. will be required for the
general public use. ana construct the
Same within thirty days after receipt
OF said notice, and for failure to In
stan said conduits, pipes, wires, etc,
In accordance with the provisions con-
| tanned In the franchise granted said
company within the time specified, the
said company shall forfeit all right
Tor 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 Ii is hereby
authorized. to extend the time in which
safd -...-.a...s.. z. shall complete the
| installation Of such pipes conduits,
wires and connections and make such
underground construction as is neces-
sary. II. In the judgment OF said Street
Committee. said extension of time may
| be necessary and proper And the
f, said company agrees and binds itself
to keep and hold the city free and
harmless from liability for any and ali
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
OA titE WOfAt &n0 MIXTURES aeFRpy au-
thorfzed. and whenever the city II
liable therefor and the city shall be
sued for such damage. either independ
emily or Jointly with the said company
on account thereof, the said company,
upon notice to it. by the city will de-
fend the city in such suit. and in event
or Judgment being obtained against
tho city, either independently or jointly
with the said company. on account of
acts or omissions OF the said company,
fhAn uuf .r,tl4 -
judgment with all costs and hold the
city harmless therefrom: and 1t is here
by expressly stipulated and agreed. In |
the event that the said company shall |
fail to indemnify and save harmless the |
City Of Richmond from such damages
as are mentioned in this section. or
shall fail to defend any such suit, or
shall fail to pay any such Judgment
and costs, license or other taxes legally
due and owing. or any fine imposed
under the ordinances. Of the City of
Richmond, the said City OF Richmond
shall have prior lien on the fran
chises, gross earnings and on all the
real and personal property of said COM
damages, judgment costs and fines;
and no mortgage, deed of trust, sale,
hypothecation or conveyance executed
by the said company shall defeat or
take precedence over the said lien.
). The privileges hereby granted shall
expire by limitation on the 23d day of
December. 1897. unless sooner forfeited.
and upon the forfeiture or termination
of the franchises hereby granted, the
plant as well as the property, If any.
OF the SAID In the
streets and alleys or 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 ehe-sa4a- eefaea#y shall be
entitled to no compensation by reason
OF the value of the franchise hereby
granted; such compensation. If not
agreed upon between the City OF Rich |
mond and said company more than six
months before the termination O. such !
franchise by lapse of time or within |
thirty days after forfeiture shall be |
by arbitration. one of the !
arbftrators to be appointed by the City
of Richmond, one by said company. and |
the third by the Hastings Court of the |
City of Richmond. and upon the pay
ment OF the compensation. either agreed |
upon as aforesaid. or ascertained by the |
board OF arklTrEf0rE fss be- appointed aAi
aforesaid, the plant and property OF the t
said company shall vest absolutely in |
the City OF Richmond. or. In the event 1
the city does not desire to acau.rs the |
sa me. the said city may require all |
of said property to- he 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 that the said owner |
shall. at his own costs. restore the |
streets where disturbed to a condition |
satisfactory to the said committee. or |
the said city may authorize such |
owner to sell such property to any |
person who shall have been granted |
a franchise to use the streets and |
alleys of the city in the manner pre- |
scribed by law. In the event the city
desires to acquire the said plant and |
property as aforesaid 1t shall notify /
the company Of its desire. and OF the /
arbitrator it has appointed In case OF |
on the price to be paid for the plant
and property aforesaid, and In case
the company shall fall or refuse to
appoint its arbitrator as herein pro-
notified of the appointment made by |
the city the Hastings Court of the
City OF Richmond shall have power,
on motion made by the city. to ap-
point an arbitrator for and in the
name OF the said company, who shall |
be vested with full authority to act.
and whose acts shall be as valid and
binding ON said company In all re-
spects as II he had been appointed
by It,
1. The City Of Richmond expressly
reserves the right to impose at any
time other conditions, regulations. re-
striettons and requirements upon the
sald and to pass ali
VI oihoHSce necessary 10 secure EN-
cheney Of public service by the said
company ~ reasonable rates and to
compel the maintenance OF the prop
srty by the said company in good
order throughout the term OF the
grant
And the right and power is expressly
to charge an annual sum for
he privilege of using and occupying
the streets of the city by the imposi-
lion OF tax on poles. wires and con-
"a t~&- I
sucn purpose the Auditor OF the City
!. Richmond and the Chairman OF the
Committee on Finance. or some ac-