The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1913-03-06

were at the time or the signing legal
voters or said city. and the number OF
sisnors at the time the AFFIDAVIT was
Section 20. The commission shall have
me custody and control Of the streets.
with all the powers with reference
thereto which are now held by the city.
and all such powers as are now held by
gained under the general laws or the
state: subject. however. to the provi-
sions or section IL OF this act
rranchtss 1sstr1etaons.
Section 81. Franchises. rights or privi-
leges may be granted by the commits
sion allowing the persons or corpora
lions. for a limited time. such occu-
be necessary for works OF public UTILITY
and service. such as steam railway
tracks. street railway tracks. poles and
poles. electric light and other electric
poles. wires and conduits and subways,
and gas and heating pipe lines. But no
hereafter be granted by the commission
except under the following restrictions
and conditions:
Eirst-No ordinance granting any
franchise. right or privilege for the use
OF the streets. alleys or public grounds
OF ne city for any Of the purposes OF
other purpose OF like nature. shall be
passed unless IL shall have been nrst
PIOpCcru IN the commission ana notice
! OF the object. nature and fun extent OF
such franchise shall have been published
at least thirty days by the applicant in
some daily paper published In the city
OF Wheeling. before being acted upon.
The vote thereon shall be taken by ayes
and noes. and the same entered UPON
the journal OF the commission.
Second-Every grant OF any franchise
shall be for a limited period OF time. IL
no time be expressly provided In the
grant the franchise shall be granted FOR
he
franchise extend for a period exceeding
30 years Nor shall any grant or fran
chfse be made without the reservation on
tho part of the city TO alter. amend or
repeal the same. at any time during it's
term upon satisfactory evidence that
the grantee has failed 10 do those Things
lates that he shall do. or that does such
things as by the SAID grant or franchise
he Is prohibited from doing
Tniru-No grant OF any franchise
shall be made without. at the time of
making II. providing that the grantee
shall indemnify the city against all dam
ages caused by the construction, opera-
tion or maintenance OF such works. All
reasonable additional provisions and
conditions may be made for the protec-
tton of the public from unnecessary DAM
age or Inconvenience by reason OF such
works and the maintenance or operation
thereof.
Fourth-No grant OF any franchise
right OF privilege shall be made without.
at the time Of making ~, providing that
therefor compensation. 20 be paid an
nually during the whole period. Provid-
ed. however. that the principle OF compe-
ution shall be employed By the commits
sion where the same is offered. so that
the franchise. right or privilege. with
prescribed terms and conditions as to its
extent. and as 10 the rates to be charged
the public by II for its services. will be
given to the person or corporation bid
ding or agreeing to pay therefor 10 the
city the highest compensation, or so that
the franchise. right or privilege. with
prescribed conditions a. to it's extent
and the compensation that must be paid
therefor. will be given 10 the person or
corporation that will agree TO render SER
vice to the public at the lowest rates.
But where revenue or tolls To be charged
the public and revenue to the city are
joint points OF elaboration. the commits
sion may take both points into consid-
GRAFTON with probable good or i'll service
OF competing applicants. and grant any
such franchise to such applicant as IL
shall determine will result In the great
est beneit to the largest number OF citi-
Gems Of the city.
Fifth--The commission shall. in suit
able practicable terms. make ~ an
press condition OF the grant OF any such
franchise. right or privilege. where II II
for a work that is useful chiefly To the
local public. that at the expiration OF
such franchise; grant; right or privilege
the grantee shall. II required by the
commission. sell to the city the physical
plant at what ~ Is then worth. independ-
ent Of any value based upon the earning
means OF arbitration or otherwise for de-
| termining what such value may he.
SiAth-In case a petition Tor stay or
ordinance is presented, in accordance
with Section IS. and a special election Is
called for the purpose Of accepting or
rejecting the application for "A franchise
the applicant for such franchise shall
deposit with the commission. to the cred
IL - the city, the amount Of expenses OF
said election.
Seventh-No franchise. right or nrivI-
lege. az IL referred to in this section can
he granted unless on the affirmative
vote Of four members Of the commits
Eeighth. The provisions OF this sect
ion however. shall not apply To grants
, made under section - 81 this act
Further franchise Provisions.
Section - 30 renewal OF any fran
chise. night or privilege for any such
Mors 81 PUBLIC utility or service as -
shall IN any manner be granted until
within three years Of the time II IT'S ex-
section % The uon-user ~ n fran
. Chis". right or privilege T. or upon any
street or alley. or portion thereof. for .
reriod continuously Of ono year. shall
p0f ton So allowed 20 20 into disus-
Private Switch Grants.
section - ieriu.Ssiou may De civ
, - - "a pc. son or private corporation 70
place a switch or tramway on part of
q public street ar alley. at Erad'. for
MS own or it, own use. but the grant
shall be- 80 limited as not to exceed ten
ears. and "a charge. tn the natsre - an
annual rental or License charge Tor the
came. payable fu the city. may be liked
d. the commission
All grants under this section shall
te subject O." tne following restrictions
and conditions
n o." tiuc i- expressly provided in
the grant. % shall be- for on" year only.
u shall provide that the grantee shall
ludefuui Is and save harmless the city
against tll suits loss OF damage. by
reason Of the construction or maIutcu-
an, ~ such switch cor tfamway. and
that sald grant may be- altered. amended
that the grantee has failed tu comply
. wI th its provisions All reasonable pro-
visions must he made 90 protect the
Fuhlr from unusreszlsry damage or fu-
c' nvcuience hy reason % such switch or
ffamwat and the operation or mainteu-
For Public Inspection
section 20 Every ordinance or reHn-
luton approYriatnE money or ordering
Hut street Improvement or sewer Ur
making or authorizing the making ~
Hnf contract or granting amy franchise
orr TEhf fu occupy or use the streets.
liErwtHs bridges. of public places boz
tir r O. fnr any pufr".r. shall tr come
rlefs If tH" Inrw 300 which % ir tunilr
passed. ant remain on ODE With the r.tv
Hufitn. .nr public inspection 90 least
ono wffk before fur final rareaEe
or sdnpIfrn fhsreof SO franchise
uf uFlt Co occupy rr fo u.e the
streets Highways bridge. nr publ.-
places ir said city shall Co., GrHrted. fe-
tended sNr.pt by nrdinance
General Ordnance Powers.
Section 20 INH comm HHIuu fIf.I
HfN. fufEurItt tf t|ufrtr.U fo refli.