The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-11-16

Axsd within which the proposed WORK
q to be completed except the general
provision a. to developing 5000 K w.
rated capacity within twelve months-
Ca, Provide Better Plan.
Your committee are Of opinion that
II competition is desired. provision
should be made to secure competitive
service In all parts Of the city. This
can be accomplished. as was suggested
by the City Attorney. by providins
that the work should be constructed
in certain desig mated sections Of the
city. within certain specified times,
under proper regulations. and provfd-
Ing adequate penalties and forfettures
In the event OF their failure to comply.
Your committee also calls attention
to the fact that there Is no bond re-
quired for the removal of the works
OF the company from the streets OF the
city at the expiration OF the fran
chise. They are OF opinion that such
a provision should be included In any
franchise granted by the city.
Serious Legal Obssctions.
The delegation Of the power to the
Street Committee to designate Routes
and the extent thereof gives TO the COM
mittee the power to say to what extent
the franchise may be exercised, and is
therefore open to serious objection. The
legality Of that provision has been Wig
orously assailed The City Attorney
advises US that 1t is legal. but regard
less of it's legality 1t makes the value
Of the franchise dependent upon the
within or caprice OF future committees
OF the Council. and therefore renders
the franchise OF uncertain value. which
would prevent the city from realizins
a proper return for the valuable rights
in the streets of the city. a franchise
of this kind should not be indefinite
as to It's terms. and should not be made
dependent upon future contingencies
or committee or Council action. 1t
should be SO definite that any bidder
would be able to ascertain Its value
and make a fair bid. that the city may
get = fair return for the privileges
granted.
No Lever Rates.
There Ia no provision In the franchise
which would secure to the citizens
electricity at lower rates than those
now charged by the existing company
but. on tho contrary, a provision has
been inserted which requires the sup
ply Of current at rates which shall not
exceed q greater sum than 10 cents a
thousand watt hours. which Is In ex-
cess of the maximum rate now charged
by the Virginia Railway and Power
Company.
Your committee are Of opinion that
it is highly improper that this rate
should be fixed in the ordinance. In
the event OF the Council undertaking
to reduce the prices to be charged for
current to consumers, the holders OF
this franchise would undoubtedly be
able to defeat such action on the part
Of the Council. by reason Of this pro-
vision Of the franchise fixing the rate.
Rights Of Great value.
Your committee believes that the
rights and privileges sought to be
granted in the franchise as advertised
are OF far greater value than either OF
the bids, and that IL the Council de-
termines to grant a franchise. fran
chise which definitely sets out the
rights and privileges to be granted
and the duties and obligations OF the
grantee would command far greater
price than either of the bids offered,
and would afford the city adequate and
proper protection.
Your committee, for these reasons.
would recommend the adoption Of the
accompanying resolution. and II the
Council feels that it is proper to grant
Q competitive franchise. an ordinance
should be framed by the City Attor-
ney in the best form. that will in every
way protect the city and its citizens,
giving the city absolute control and
authority over It's streets and alleys
as to the service to be furnished by
the grantee under said franchise and
as to the rates to be charged therefor.
which. in the opinion of your commit
tee. are not secured or guaranteed to
the city under the terms and condi-
lions OF this ordinance.
Respectfully reported this 18th day
Of November, 1872.
GILBERT X. POLLOCK,
chairman