The Chronicle-star combined with the Moss Point advertiser., 1947-07-11

after, and for the purpose of extend
ing its lines and furnishing electric
energy beyond the limits of the City.
SECTION 3. The poles. towers. con-
duits. cables. conductors, transform
ing stations. fittings. appliances and
! sppurtenances shall he "a constructed
as not unreasonably to interfere with
the proper use OF the streets. avenues,
alleys, ways. bridges and public places
in the City and shall be maintained
all in a reasonably good condition and
repair.
SECTION 4. Whenever the Grantee
shall cause any opening or alteration
TO be made in any of the streets, ave-
nues. alleys, ways, bridges or public
places OF the City for the purpose of
installing. maintaining. operating. OF
repairing any poles. towers. cohduits,
cables and other appliances, the work
shall be completed within a reason
able time and the Grantee shall upon
the completion of such work restore
such portion OF the streets. avenues.
alleys. ways, bridges or other public
places TO as good condition as IL
was before the opening or alteration
was so made.
SECTION S. The Grantee shall hold
the City harmless from any and all
liability or damages resulting from the
negligence of the Grantee in the con-
struction, maintenance or operation of
its poles, towers. conduits, wires, cables
and other appliances.
SECTION g. The Grantee may. from
time to time. declare, make and en-
force reasonable rules and regulations
as conditions for the sale and dis
tribution by Il of electric energy TO
any person. firm or corporation.
SECTION 7. In the event the supply
of electric energy should be interrupt
! ed or fail by reason of accident or
otherwise beyond the control of the
Grantee. the Grantee shall restore the
service within a reasonable time and
such interruption shall not constitute
a breach of this franchise. nor shall
the Grantee be liable for DAMAGES by
reason of such interruption or fall
ure.
SECTION O. Wherever in this ordi-
anc either the City or the Grantee
is named or referred to, II shall be
deemed TO include the respective sue
cessor, successors or assigns of either,
and all rights. privileges and obliga-
tons herein conferred shall bind and
inure TO the benefit of such success
sor. successors or assigns of the City
or of the Grantee.
SECTION 0. This franchise is In
lieu of a franchise granted by the
City of P~sscagouIs, to Mississippi
Power Company, its successors and
assigns. by ordinance dated the 8 day
of October. 1928. recorded in Minute
Book IL, Pages 1921. Inc. and Ordi-
nance Book 3, Pates 197-199, Inc, of
the City. now held and owned by the
Grantee. which upon the effective
date of this ordinance. by mutual con
sent of the parties thereto. shall be
no longer in force and effect. This
franchise is In addition to and supple
mental TO any and all such rights as
the Grantee may have by virtue of
the provisions of any section of the
Mississippi Code of 1912 and its ac-
ceptance and exercise by the Grantee
shall never be construed as n waiver
nor abandonment of nor as a limita-
ton upon the rights now vested in
or being exercised by the Grantee i'm
der any statute of the State of Mis-
sissippi.
SECTION 10. The rights hereby
granted shall become effective upon
the passage of this ordinance and con-
tinue for a period of twenty-five t25)
years thereafter.
SECTION II. If n clause, provi-
sions or section of this ordinance is
illegal. o. is not embraced within the
title hereof, or Is not cognate to the
subject expressed In the title. the re-
naming provisions hereof shall not
be thereby affected but shall have
full force and operation.
SECTION IL. The Grantee shall pay
the City the cost of publishing this
ordinance according to law and also
the cost of holding an election for the
approval or disapprovel. by the quail
fled electors of the City. of this or
dinance.
SECTION IL. This ordinance shall
not become effective until 1t is duly
passed by the Council, published as
required by law and approved by a
majority vote of qualified electors
voting thereon as required by Section
3805 of the Mississippi Code Of 1942.
The within and foregoing ordinance
was reduced to writing. introduced in
the form IN which 1t is hereby finally
adopted by the Council. read by the
Clerk at a regular meeting OF the
Council and thereafter remained on
file with the Clerk for public inspec-
ton for at least two weeks before
the final passage thereof and was
read and considered by sections at
a public meeting of the Council and
upon motion of Mr.. Beckham, duly
seconded bv MIR. DeJean, that II be
was taken which resulted as follows;
Voting Yea; Watts, Beckham, De-
Jean,
Voting Nay: None.
Whereupon. 1t was declared adopt
ed.
Approved this the 30 day of May,
(seaD J. r. WATTS.
Mayor.
V. p. DeJEAN,
ATTEST: Clerk.
V. r. DeJEAN.
Clerk.