The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-03-10

served by one publication OF such no
tfce in all the daily newspapers OF
general circulation IN the city. The
notice shan state the time within
which such connections shall be con
structed: and II theS he NOT construct
ed within the said time. the work may
be done by the eity, and the cost there
OF, together With a penalty OF Ave per
cent @ per cent assessed against tho
lots and lands for which such ccnnec-
tons are made. Said assessments shall
be certified and collected MS other as
sessments for street improvements
Franchises and Public iutiilties. 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 shaii bs
subject 70 apetitions and referendtim
as specified In section fifty-fonr aud
sixty OF this charter. No franchise
shall be considered an emergency
measure.
Renewals.
Section 1870. The board of direetort
shall, in any ordinance granting or re
newing any franchise to construct and
operate a public utility, prescribe the
kind and quality Of service or product
TO be furnished. the mas imum rate NJ
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 1871, All such grants and
renewals thereof shall reserve to the
city the right TO terminate the Sam
and to purchase all property OF thc
utility in the streets and Highways
in the city and elsewhere, rs may he
provided in the ordinance making the
grant or renewal, used in. or useful for
the operation Of the utility, al a prize
either fixed by the ordinance. or 10
eflxed III tile manner provided by tho
ordinance making the grant or renew
al of the grant Nothing in such or.
dihanee shall prevent the city from
acquiring the property OF any such util-
fly by condemnation proceedings or
in any other lawful mode: but ali such
methods OF acquisition shall be alter
native to the power to purchase. re.
served in the grant OF renewal as
hereinhefore provided. uuon the ac.
QUESTION by the city OF the properly
OF any utility, by purchase. Condemn
ton, or otherwise all grants or re-
newals shall at once terminate.
Section 1872, The board OF directors
may, by ordinance, grant TO any indi-
yidual, company or corporation oper-
ating public utility, tile right to ex-
tend the appliances and service Of
such utility. anbject;tojpet ition and ref.
erendum as before stated. All such
extensions shall become a part OF the
aggregate property % the utility. and
shall be subject toFall obligations and
reserved rights In favor OF the city
applicable TO the property OF the utii-
lily by virtue Of the ordinance proyid-
ing for its construction and operation.
Theright touse and maintain any such
extension shall expire with the origi.
nal grant Of the utility 10 which thu
extension was made or any renewal
thereof,
Consents.
oGCIlpll LOO. ENU4GUuseutsul.lilt .oNu-
or 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. nm.
less such publicutilityiis ota character
that its 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 tho distrib,i.
ton OF space in,. over: under OF 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 continuingright ofthe board
to require reconstruction, relocation.
change or discontinuanee Of the appii-
ances used by the utilityii 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.
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