private property

private property

Section 6. The said grantee shall, when so requested by the Council of the Town of Washington, permit its poles and other permitted structures to be used without compensation by said Town of Washington for the purpose of placing thereon any fire or police alarm, telegraph or telephone wires which may be necessary for the exclusive use of the police or fire department of the Town of Washington, provided that such use by the Town of Washington shall not interfere with the proper use of said poles, structures and fixtures by the said grantee, and that the location and character of said wires and fixtures of the Town of Washington shall be subject to the approval of the grantee herein, and provided further that the said Town of Washington shall, and it hereby agrees to, indemnify and save harmless the said grantee from any and all loss, damage, cost or expense to, or which may be incurred by said grantee, or to which it may be subjected by reason of or as a result of the use of said poles and structures by the Town of Washington as in this section provided.

Section 7. The said grantee agrees and binds itself by the acceptance of this ordinance, to idemnify, keep and hold the Town of Washington free and harmless from liability on account of injury or damage to person or property growing out of the construction, reconstruction, improvement, maintenance, repair and operation of its lines or works; but nothing herein contained shall be construed to render said grantee liable for the negligence of the Town of Washington, its agents or employees, or any other person or corporation.

Section 8. The rights and privileges herein set forth are granted and conferred upon the said grantee, upon the express condition and understanding on the part of the said grantee, that it will render to the public in the Town of Washington within the territory served by the said grantee, at all times during the term of this ordinance, an efficient light and power service at reasonable rates, and that it will maintain its properties, works and structures located within the Town of Washington in good order throughout the term of this grant, and the said grantee by accepting this ordinance expressly agrees that the State Corporation Commission of Virginia shall have jurisdiction, to the full extent and in the manner now or hereafter during the life of this ordinance provided by law, to require the said grantee to render an efficient service at reasonable rates, and to maintain its property in good order throughout the term of this grant, and to otherwise enforce the provisions of this section to the full extent provided by law.

Section 9. Any person who shall maliciously or wrongfully tamper or interfere with, cut, injure or destroy any of the poles, wires, fixtures or any property of said grantee, constructed and maintained in accordance with the provisions of this ordinance! within the corporate limits of the Town of Washington shall, on conviction thereof, be fined not less than ten dollars nor more than one hundred dollars

Section 10. All of the rights and privileges hereby granted to said grantee, may be exercised by any successor or successors, assignee or assignees of the said grantee, but said successor or successors, assignee or assignees shall be subject to all the provisions, obligations, stipulations and penalties herein prescribed.

Section 11 The right of the Town to impose any lawful franchise, license, property or any other tax upon the property and franchise granted shall not be deemed to be in any manner waived or abridged.

Section 12. The rights and privileges hereby granted shall continue for a period of 25 years beginning September 14,1983, and shall expire September 14, 2008 unless the same be sooner voluntarily surrendered by the said grantee, with the consent of the Town Council of the Town of Washington, or unless the same be sooner forfeited as provided by law.

Section 13. The Town of Washington shall have the right to forfeit the grant of the privileges, rights and franchises herein granted in the event the grantee shall fail to maintain its property in good order and condition throughout the term of this grant and secure to the public efficient service at rates deemed reasonable by the State Corporation Commission or the body of the Commonwealth of Virginia having the legal right to fix such rates.

Section 14. This ordinance and the rights and privileges herein granted and conferred shall not become effective unless and until the grantee shall file with the Clerk of the Town Council of the Town of Washington its written acceptance thereof, in form satisfactory to the Town of Washington, Virginia, and shall have entered into a bond, in the sum of $100, with security satisfactory to the Town Council of the Town of Washington, Virginia, or $100 cash in lieu of bond conditioned to the effect that the grantee will construct and maintain or if constructed, maintain the property provided for and reasonably necessary for the exercise of the rights and privileges granted in and by this ordinance, and will maintain the same in good order throughout the term of this grant, and will comply in all respects with the terms, conditions and provisions of this ordinance.

Section 15. That upon the approval of this ordinance by the Mayor of the Town of Washington it shall be the duty of the Town Clerk to cause to be advertised once a week, for four successive weeks, in the newspapers published in Rappahannock County, Virginia and having general circulation in the Town of Washington, Virginia, the draft of the ordinance contained in the foregoing sections, and in addition he shall, by such advertisement, invite bids for the privileges and rights proposed to be granted by the said ordinance, which bids shall be in writing and shall be delivered to the presiding officer of the Town Council of the Town of Washington in open session at the day and hour of the next regular meeting of the said body to be held next after such advertisement is completed, which bids shall then be presented to the Town Council by the said presiding officer to be dealt with and acted upon in the manner prescribed by law for franchise grants.

Section 16. This ordinance shall be in force from its passage.

Passed by the Town Council of the Town of Washington and approved by the Mayor on the 3 day of August 1983.

J. Newbill Miller

Mayor of the Town of Washington, Virginia

I, Dorothy P. Clater, Clerk of the Council of the Town of Washington, Virginia, do certify that the foregoing ordinance was duly adopted by a unanimous vote of the members of the Council of the Town of Washington, Virginia, on August 3,1983, and that said ordinance has been approved by the Mayor of the Town of Washington.

Dorothy P. Clater

Clerk of the Council of the Town

of Washington, Virginia TO WHOM IT MAY CONCERN:

Bids are invited for the franchise, privileges, rights and constructions proposed to be granted in the foregoing ordinance, which bids are to be in writing and to be delivered to Newbill Miller, Mayor of the Town of Washington, Virginia, between 7:30 o'clock p.m and 8 o'clock p.m on the 14 day of September, 1983, in the meeting place of the Council in Washington, Virginia, which is the Courthouse, Washington, Virginia, at which time the Council of the Town of Washington will meet and consider said bids in accordance with law.