The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-11-16
WOULD PREPARE
MODEL FRANCHISE
Street Committee Recommends
Rejection Of Both Bids as
insufficient.
NOT A cLEAR-cUT CONTRACT
Pending Paper Not in Best Form
or as City Attorney Would
Have Drawn 1t.

On the ground that the franchise
for sale of light and power as ad-
vertised Is not in proper or the best
form. the Council Committee on streets
yesterday afternoon recommended 10
the Council tho rejection OF both bids.
The subcommittee appointed 70 draw
up a statement Of reasons actuatins
the committee In its resolution OF re-
lection reported that the CITY Attor-
ney had advised that the franchise
was not In the best form, nor such
paper as he would have drawn. After
adopting the report. the committee. bY
resolution. requested the City Attor-
ney to prepare standard form or
light and power franchise. amply pro-
tecting the interests of the city. ana
prescribing the exact conditions OF the
grant. SO that the Council may, II 1t
so desires order q new advertisement
for proposals.
Can Go Where II Plenses.
A point OF serious objection to the
form Of franchise as advertised Is that,
in the minds Of members or the COM
mittee, the grantee Is given the use
Of all the streets Of the city regard
less Of the wishes Of tine Council The
which must be approved by the Street
Committee; 1t provides that by ord-
nance the Council may thereafter order
an extension. though the committee
has been advised that such an ordi-
nance may be litigated II il contem-
plates extension Of the lines into I'M
profitable residential sections. But. on
the other hand, the franchise gives
the grantee the right to use any ana
all streets, and it was held that with
ont such order of the Council the
grantee miRht run his poles and wires
in some section not desired by the
Council--in fact, might by mandamus
compel the City Engineer to gran,
such permit as the holder OF the fran
chise might desire. regardless OF the
wishes Of the city. For instance, the
grant to use any and all Of the streets
with the clause repeating all ordi-
nances in conflict Herewith, might be
construed to allow the holder to run
o line of poles and wires out Monu-
ment Avenue in defiance OF the city
! or to rip up new smooth paving ia
lay condutts in streets where the
Council was Of opinion that there was
no public need.
| Haddon Leads Majority.
! The discussion was general. Mr.. Had
! don giving notice that he would offer
! in the Council a substitute granting
the franchise to the Richmond and
Henrico Railway Company at its bid
! of So The report OF the subcom-
mittee was adopted. to 2, as follows
Ayes, Messrs. Mills, Pollock. Fuller,
| vonderlehr and Powers: noes, Messrs.
Gunst and Haddon.
The report and accompanying reso-
| buttons, with written opinion from the
! City Attorney and Assistant City At
toruey bearing on points raised In the
] discussion. were ordered printed and
| distributed among members or the
Council
| The report giving the reasons actu-
ating the committee in recommending
, full:
Text OF Report.
70 the Honorable Council OF the City
Of Richmond. Richmond, Va:
Gentlemen.-Your committee. to
whom was referred an ordinance enti-
tied. AN ordinance to provide for the
granting by the city of Richmond to
person or corporation, hereafter to be
ascertained. in the mode prescribed by
law. the right to use the streets and
alleys of the city Of Richmond for the
purpose of placing therein or there
under poles. conduits. tubes subways
and fixtures to support electrical con-
ductors and string wires. and of fur
nfshing light and power by electricity,
together with two certain bids there
with submitted. to-wtt. one from Ar
thur Upper & Co., in the sum OF Eve
thousand dollars (S5,5e0). and one from
the Richmond and Henrico Railway
Conpany. in the sum Of ten dollars
,s1o). with the accompanying papers,
beg leave to report IS follows:
without determining the question ae
to the propriety OF the city granting
q competitive franchise until II 10 AZ
firmatively shown that the service rem
dered by the existing company 10 not
adequate, or that the prices are unrea-
sonable. your committee beg leave 10
recommend that both Of the bids sub
mitted to said committee be rejected.
and that the franchise be not granted
to either OF said bidders. for the fol-
lowing reasons:
Net In Proper Fern.
The pending franchise - not in the
best or proper form to protect the city
and at the same time secure IN ade-
uuate service. The City Attorney has
advised your committee that this fran
chise was not in the best form, and
that he would not draw a franchise In
this form. The best form Of franchise
should designate the streets to be &C.
cupted by the works OF the proposed
company, and In the absence OF such
designation should prescribe the Sec
lions Of the city to be successfully oc-
cupied from time to time. and the time
within which the construction should