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1929_09_09
��y 2 9 1 O U y h ������ �� �� v ��r u ��, ( ����- ��- _ - . ��- �� ��" �� , ��. w " t e t , ; P G , , . , . ��. O A T H O F O F F I C E t i T A T E O F V I R t J \ I A , C o u n t y o f L o u d o u n , t o - w i t : I _ . . _ . . c . . . 1 _ Q ��L J Y f r 1 - C 9 z . . . . . . . . . . . . . . . . . d o s o l e m n l y s w e a r t h a t I w i l l s u p p o r t t h e C o n s t i t u t i o n o f t h e U N I T E D S T A T E S a n d t h e C o n s t i t u t i o n o f t h e S t a t e o f V i r g i n i a o r d a i n e d b y t h e C o n v e n t i o n w h i c h a s s e m b l e d i n t h e c i t y o f R i c h m o n d o n t h e t w e l f t h d a y o f J u n e , n i n e t e e n h u n d r e d a n d o n e , a n d I w i l l f a i t h f u l l y a n d i m p a r t i a l l y d i s c h a r g e a n d p e r f o r m a l l t h e d u t i e s i n c u m b e n t o n m e a s / 1 3 . _ , . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - . . . . . . . . . . _ . . . . . - - - . . . . . . . . . . . . . . . . . . . . . . . a c c o r d i n g t o t h e b e s t o f m y a b i l i t y ; s o h e l p m e G o d . _ y I s q c a r t h a t I h a v e n o t , w h i l e a c i t i z e n o f t h i s S t a t e , s i n c e t h e t e n t h d a y o f J u l y , n i n e t e e n h u n d r e d a n d t o o , f o u g h t a d u e l w i t h a d e a d l y w e a p o n , o r s e n t o r a c c e p t e d a c h a l l e n g e t o f i g h t a d u e l w i t h a d e a d l y w e a p o n , e i t h e r w i t h i n o r b e y o n d t h e b o u n d a r i e s o f t h i s S t a t e , o r k n o w i n g l y c o n v e y e d s u c h c h a l l e n g e , o r a i d e d o r a s s i s t e d i n a n y m a n n e r i n f i g h t i n g s u c h d u e l ; a n d t h a t I w i l l n o t f i g h t a d u e l w i t h a d e a d l y w e a p o n , o r s e n d o r a c c e p t a c h a l l e n g e t o f i g h t a d u e l w i t h a d e a d l y w e a p o n , e i t h e r w i t h i n o r b e y o n d t h e b o u n d a r i e s o f t h i s S t a t e , o r k n o e i n g l y c o n v e y s u c h c h a l l e n g e , o r a i d o r a s s i s t i n a n y m a n n e r i n f i g h t i n g s c h d u e l d u r i n g m y c o n t i n u a n c e i n o f f i c e . S o h e l p m e G o d . L O U l l O U \ C O U \ T Y , t o - w i t : T y e P e r s o n a l l y a p p e a r e d _ . . . . ��L . : . : . . . . . . . . . . . . . . . . . . . . . . _ e ' _ ' 4 C ' C o u r t , a n d t o o k a n d s u b s c r i b e d t o t h e f o r e g o i n g o a t h . G i v e n u n d e r m y h a n d , t h i s . . . . . _ . . . . - / . . . _ . . . . . d a y o f . . C Z ' f . - . . . . _ . 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 9 . j . '�� c y O i e S f t . . . . c . C . n i M LU ,�.ec10 _ ,1,u.�lc _ .7.,W. Cates, �-.� Q•-•-�' � e , P dc W � 4(,1.�,y�,�t,�,pr,,.,�`��'j Q'Ce�3a�-v�-��-1.. �� `` �� '' �,S•��L � �,�Yd_, .. 293 L V'O_ iR ��a�SL/a &J—©0 00 --t 7 P, oo /OJO,oa J'DO, oo ri .C/- a- F The following ordinance was this Stn asy uA 1929, duly �,:Aonted at a regular meeting of the Council of the Town of Leesburg, in Virginia, a legal quorum being present S by a tt$auimous vote of the council of the Town of Leesburg* Viraa4 duly approved by the 'Major of said towns and ire i&# .r000rder of said taem pt 1 .ate-. AN ORDINANCE To provide for the grant by the Town of Leesburg ,irginia to a person or persons, or to a corporation, hereafter to be ' ascertained in the mode prescribed by law, its or their success- ors or assigns, the right to use the stV ets alleys and other public places in the Town of Lee sburg4`T'br�@wilurpose of acquir- ing, constructing, owning*, maintaining, operating and using in, on, over, under and throurb said streets, alleys, and public places, poles, towers, wires, transformers, conduits, subways, and other fixtures and appliances, and the right to transmit therein, thereon and therethrourh electricity of such voltage as the said grantee may require, and for the purpose of Suoply- inC and selling- electric current for light, heat, power and other practicable and useful purposes to the said Town and to the residents thereof. BE IT ORDAINED BY THE COUNCIL OF THE ToViN 0 LFESBURGDX vt 1. 111hat there shall be granted in the mode preseriifed by the laws of the State of Virginia for franchise grants and upon the conditions hereinafter specified, the rights and privileges embodied in the following draft of an ordinance, entitled "An ordinance granting to ---------its successors or assiEns, the right to use the streetg, alleys and other public places in the Town of Leesburg,t~ r"Y s ., Lrpose of acquiring, constructing, owning*, maintaining, operating and using in, on, over, under and throut-h said streets, alleys and public places, poles, towers, wires, transformers, conduits, subways and other fixtures and appliances, and the right; to transmit therein, thereon and therethrouph electricity of such voltage as the said grantee may require, and for the purpose of supplying and selling electric current for light, heat, 'power and other prac- ticable and useful purposes to the said Town and the residents thereof. BE IT ORDAINED BY T -11F COUNCIL OF THE 1101';1i J" LFESBURGt1�Gr '�- (1) That there be, and there is hereby, granted to------ ------ its successors or assigns (hereinafter generally called the GRlafitEl,), a franchise, right and authority, subject to the conditions and restrictions hereinafter set out or such as may be imposed by the lasts of the State of Virginia, to use the streets, allays and public places in the said Town of Leesburg,w.. Virginia, for the purpose of constructing and or aequirinr, owning, maintaining;, operating and using in, on, over, under and through said streets, alleys and public places, poles, towers, wires, transformers, conduits, subways, and other fixtures and appliances, and the rigrht to tWnsmit therein, thereon and therethrough currents of electricity of such voltare as the grantee may require, and the right to supply and sell electric current for light, heat, power and other practicable and useful Purposes to the said Town and to the residents thereof. (2) This franchise is granted subject to the following conditions, restrictions and limitations: (a) The duration of the franchise hereby ?ranted shall be thirty (30) years from and after the date of the written acceptance thereof by the GRANTEE as hereinafter provided for - (b) The construction and the material to be used and the work to be done under this ordinance shall be such as is used and done by like companies doing like business in towns of substantially the same size as Leesburg. The location of all Pipes and conduits and the erection and location of all posts, towers, poles, fixtures and other structures in the streets of said town under this ordinance shill be subject to the approval of the Committee on Streets of the Council of ieesburg, and when from time to time the location of such conduits, pipes, towers, posts, poles and or other structures as aforesaid shall have been approved by the said Comr:ittee on 3treetap the same shall be effective and binding to the same extent as if such approval were set outfully and at length in this ordinances provided, however, that said posts and poles shall be neat, R 295 I j symmetrical and strip•?ed of bark, and that all work done Inder j this ordinance shall be cone in such a manner as not to need- lessly interfere with or impede the free and proper use of the I; streets by the public nor unnecessarily obstruct the travel �i thereof. jl (c) :2b.e work to be done under this ordinance, the pipes and conduits to be laid and the poles and other structures to be erected shall be done, laid send erected so as not to damage the water pipes or sewerage pipes of the Town of Leesburg, or inter- fere with or impede the said Town, its servants or employees in freely approaching the said pipes, or in any way unnecessarily interfere with the making of connections by the Town or by the citizens thereof with the water pipes and sewerage pipes which may now or hereafter be laid or constructed in said town. (d) ,`henever any of the poles or lines of the GRLETrsE erected under this franchise shall prove to be in the way of public street improvements actually being made in and by the said town, the said town reserves the right to cause or compel the said Gru,NTEE, at its own costs and charges, to move its said works so that such improvements may proceed, and upon the failure of the said GR 'I1TE''• to move its works, rendered necessary by such IIactual street improvements, after thirty (30) days' notice to that effect is writing, then the said town reserves the right to make such necessary changes in the works of the said GRAINTEE and at the cost and expense of the said GRANTFF. I� (e) After construction, erection, laying, repairing; or replacing of any of the poles, towers, structures, conduits or other appliances under this ordinance, the said GRi.?!TEE shall 4 at its own cost promptly replace, relay, repair and restore as nearly as possible to the original condition of the same, all streets or sidewalks disturbed or damaged inthe construction, repairing, or replacement of the work authorized to be done under this francmise; and upon failure to do so after thirty (30) days notice in writing shall have been given by the mayor or council of the said town, the said town may relay or repair the portions of streets or sidewalks that may have been so damaged or dis- turbed and collect the cost so incurred from the said GRANTEL. (f) The grantee shall have the right to cut from any trees in the streets of said town such limbs or branches as may be necessary to keep its wires and other fixtures and appliances free from interference therefrom and in a safe and efficient operating condition. (g) The GRANTEE shall provide an adequate and efficient service of electric current, at reasonable rates, in the said Town, to the said Town and the inhabitants thereof, and shall maintain its properties, works and structures located in the said Town in wood order throughout the term of tris grant, and shall stand ready at all times to make service connections for supplying* electric current for light, heat and cower purposes at any point within the corporate limits thereof upon proper application therefor, in accordance with the standard terms and conditions of the Grantee, as approved by the state Corpor- ation Com:.ission, and lid effect at the time such application is made; provided, that the grantee sHall not be required to make service connections or extensions across private property, or along any highways, streets or alleys which have not been accepted and recognized as such by the municipal authorities of the said Town, without makinf° a reasonable cherge therefor. (h) The adequacy and efficienc•r of the service provided by the GRwNTE-,., and the reasonableness of the rates of charge therefor and of the terms and conditions applicable thereto, are to be determined by the State Corporation Comriission of Virginia, or by such other legally constituted body as may have jurisdiction under the laws of the :;tate of Virginia, and the GRb2dTEE in accepting this franchise expressly agrees that the said Commission, or other body, shall have jurisdiction to the full extent anr, in the manner now or hereafter during the life Of this franchise provided by law, to enforce the provisions Of this franchise to the full extent provided by law. (1) ;chile this franchise grants to the G .ANTE1:; the right to 296 - 3 - put its conduits, wires, cables and other appliances under the surface of the streets, alleys and public places in said town, nothing herein contained shall be construed as Fivinp the said town the right to require the GRANTEE to place any wires, condtli�t� or other appliances under the surface of any of the streets, alleys or other plrces of said town. (j) This ordinance and the rights and privileges herein granted and conferred shall not become effective unless and until the GRMITEE shall file with the Clerk of the Town Council its written acceptance thereof and shall enter into a bond in the penalty of 4100.00 with security satisfactory to the Town Council, conditioned to the effect that the GRAtiTFE will con- struct or acquire and maintain the works provided for and reasonably necessary for the exercise of the rights and privileges granted by this ordinance, and will maintain the same in good condition throughout the term of this grant as afore- said, and will comply in all respects with the terms, conditions and provisions of this ordinance. (k) Upon the expiration of the term of this grant and upon the termination of the rights hereby granted, by surrender, forfeiture or otherwise, all of the poles, wires, conduits, lines and other property of the said grantee in the streets, alleys or public places of the Town of Leesburg shall be removed from such streets, alleys and public places, at the expense of the owner within a reasonable time after the expiration or termination of said rights and privileges, such time to be prescr�'bed by the Town of Leesburgy"• 5. That upon the approval of this `ordinance by the Layor of the Town of Leesburg, it shall be the duty of the Kayor to cause to be advertised once a week for four successive weeks, in the Loudoun Times iiirror, the draft of the ordinance contained in the foregoing seEtion, and in addition he shall, by such advertisement, invite bids for the privileges and rights pro- posed to be granted by the said ordinance, which bids shell be in writing and shall be delivered to the presiding officer of the Council of the Town of Leesburg, in open session, at a regular meeting of the said to he held at theme on the/ ay of% f,�9at eiFht o'clock p."m., which bids shall then be resented to tie Council by the said presiding officer to be dealt with and acted upon in the manner prescribed by the laws of the State of Virginia for franchise grants. Said advertisement shall expressly reserve the right to reject any and all bids. Mo Y'his ordinance shall be in force from its passage. A co testes t Mayor. Y BIDS "'IANTIM Tom of LesburCj :in W xGinia, a body corporate, herob ;• invites bias for the franchise proposed to be grwited in the folloving ordinance, duly pa!se3 by the Gorgon Council, ~nd a.: ,rovod by the .A:t0r of the said Tom, on the 9Va day of crhich bids aro to be in crrittri axed dolivcrad to tb() presidis-; o_'a ice of the Com,, r. Council of said Town in f open session to bo held in Uffioo of said Town of wesburC, iii Virairn.ap otl v;-^ �.�;i:'1 dMy of October, ].929 8t ei,S11t o'clock, 1'•M• the rir�•-t bein; resorved to reject any snd a:ll bier• L.en e. (,��-� Yee amu. G--��-Q-��•_� , �-"L