The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-03-09

served by one publication OF such no
tice in all the daily newspapers OF
general circulation In the city. Tho
notice shan state the time within
which such connections shall be con.
strueted: and n they be not construct
ed within the said time. the work may
be done By the city, and the cost there.
OF, together with a penalty OF fiSe per
cent rs per cent assessed against the
lots and lands for which such connec.
lions are made. Said assessments shall
be certified and collected as other as
sessments for street Improvements
Franchises and Public utilttisa; Grant.
Section 129. The board OF directors
may. by ordinance. grant permission
to any individual, company or corpor.
alton to construct and operate pub
lie utility In the streets and public
grounds OF the city. The ordinance
granting any such franchise shall be
subject to apetition and referendum
as specified In section tltty,fonr and
sixty OF this charter. enc franchise
shall be considered an emergency
measure.
Renewals.
Section 1870. The board of directors
shall. In any. ordinance granting or re-
newing any franchise to construct and
operate a publiclutilityl prescribe tho
kind and quality tsseryice or product
TO be furnished. the maximum rate or
rates to be charged therefor, the man
ner in which the streets and public
grounds shall be used and occupied,
and any other terms and conditions
conducive to the public interest.
Termination.
Section 13l. All such grants and
renewals thereof shall reserve 70 the
city the right to terminate the same
and to purchase all property OF the
utility inAtheg streets and highways
In the city and elsewhere, as may he
provided In the ordinance mailing the
grant or renewal, used in. or useful for
the operation OF the utility. at O price
either fixed by the ordinance. or To
be fixed In the manner proyide by the
ordinance making the grant or renew
al of the grant. Nothing In such or
dinance shall prevent the city from
acquiring the property OF any such util-
ity by condemnation proceedings or
In any other lawful mode; but all such
methods OF acquisition shall be alter.
native to the power to purchase. re-
served In the grant or renewal as
hereinbetore provided. thlon the ac-
QUESTION by the city OF the properly
OF any utility, by purchase, condemna-
ton, or otherwise, all grants Of re-
newals shall at once terminate.
Section 1872. The board OF directors
may, by ordinance, grant to any indi-
ridual, company or corporation oper.
ating public utility, the right to ex-
tend the appliances and service Of
such utility, subject to- petition and ref.
erendum as before stated! All such
extensions shall become a part Of tho
aggregate property Of the utility. and
shall be subject to all obi legations and
reserved rights In favor OF the city
applicable to the property or the util.
ity by virtue OF the ordinance proy-.-
ing for its construction and operation.
Theright to use and maintain any such
extension shall expire with the orisi.
nal grant Of the utility TO which the
extension was made or any renewal
thereof.
Consents
Section 1888. No consent OF the own.
err OF property AUDITING on any high
way or public ground shall be required
for the construction, extension. main.
tenance or operation OF any public
utility by original grant or renewal. un-
less such public utilityiiso fa character
that It's. construction or operation is
an additional burden upon the rights
OF the property owners In such high
ways or public grounds.
Section 1874. The board Of directors
shall at all times control the distribu.
tion OF space In, over, under or across
all streets or public grounds occupied
by public utility fixtures. All rights
granted for the construction and aper.
alton of public utilities shall be sub
ject to the continuing right OF the board
to require reconstruction, relocation,
change or discontinuanceo OF the appli-
ances used by the utility In the streets.
alleys. avenues and highways OF the
city. as shall in the opinion OF the
BOARD be necessary In the public In
terest