CHAP. 138.—An ACT regulating the grant of franchise, et cetera, by cities and towns,
and providing for the advertisement thereof and the public reception of bids there-
for, and providing for the enforcement of the obligations of the grantees, grantors
or owners of franchises, and providing penalties for the usurpation of or viola-
tion of the terms and provisions of franchises.

Approved April 7, 1903.

1. Be it enacted by the general assembly of Virginia, That before
granting any franchise, privilege, lease or right of any kind to use any
public property or easement of any description, except in the case of and
for a trunk railway, it shall be the duty of the city or town proposing to
make the grant to advertise the ordinance proposing to make the grant
(after its terms shall have been approved by the mayor) once a weck for
four successive weeks in a newspaper published in said city or town, or
if no newspaper be published therein, then in some newspaper having
general circulation therein, and the ordinance may be also advertised as
many times in such other newspaper or newspapers published in or out
of the city or State as the council or board of trustees may select and
determine upon.

2. Such advertisement shall invite bids for the franchise, privilege or
right proposed to be granted in the ordinance, which bids are to be deliv-
ered upon a day and hour named in the advertisement to the presiding
officer of the council or board of trustees of the city or town, or if there
be more than one branch thereof, to the presiding officer of the most
numerous branch of the city council, in open session. The costs of the
advertising herein required shall] be paid by the city or town, which, how-
ever, shall be reimbursed by the person or corporation to whom the grant
is finally made. The city or town shall have the right to reject any and
all bids, and shall reserve this right in the advertisement hereinbefore re-
quired: provided, however, that the franchise, lease or right advertised
shall be awarded to the highest responsible bidder, unless in the opinion
of the majority elected to the council and to each branch thereof, if there
be two branches, the public interests will be better served by awarding the
same to some other bidder, or by rejecting all bids and advertising anew,
and in either such case the reasons therefor shall be spread upon the re-
cord or journal.

3. The presiding officer aforesaid shall read aloud, or cause to be read
aloud, the bids that have been received, for public information, and shall
then inquire if any further bids are offered by those who have already bid
or others. If further bids are offered they shall be received, until no
further bid is offered, but if not the presiding officer shall declare the bid-
ding closed, and the bids that have been received shall be communicated
in due course to the other branch of the city council, if there be another
branch. After reference to committee and such other investigation as
the council or either branch of the council sees fit to make, it shall be the
duty of the council, if it sees fit to make the grant, to accept the highest
and best bid, and to enact the ordinance as advertised without substantial
variation, except as to the insertion of the name of the accepted bidder:
provided, that the council may by a recorded vote of a majority of the
members elected to the council, and to each branch thereof, reject a
higher and accept a lower bid, and award the said franchise, right or
privilege to the lower bidder if in its opinion some reason affecting the
interest of the citv or town makes it advisable so to do, which reason shall
be itsclf expressed in the body of the subsequent ordinance granting the
franchise, right or privilege; but if after such advertisements no bid or
no satisfactory bid shall be made the council may advertise for further
bids, and in case no bid at all is made the council may, if it sees fit so to
do, enact an ordinance in the manner required by law granting such
franchises, rights or privileges to any person or corporation making ap-
plication therefor: provided, further, however, that the person or cor-
poration to whom any such franchise, right or privilege is awarded,
whether by competing bids or otherwise, as hereinbefore provided, shall
first execute a bond, with good and suflicient security, in favor of the city
or town, in such sum as said city or town shall determine, conditioned
upon the constructing and putting into operation and maintaining the
plant or plants provided for in the franchise, right or privilege granted.

4. The subsequent ordinance actually making the grant, with a de
tailed list giving names, amounts and addresses of all bidders, shall be
presented to the mayor for his information and for his approval or dis-
approval, as in the case of all other ordinances.

5. No amendment or extension of any such franchise, right or privilege
that now exists, or that may hercafter be authorized, which extends or
enlarges such franchise, right or privilege, either as to the time during
which it is to last or as to the territory in which it is to be enjoyed, shall
be granted by any city until the provisions of this act shall have been
complied with; and no amendment that releases the grantee, or his as-
signee, from the performance of any duty required by the ordinance
granting the franchise, or that authorizes an increase in the charges to be
made by such grantee, or assignee, for the use by the public of the benefits
of such franchise, shall be granted unless and until notice of such pro-
posed amendment shall be given to the public by advertising the proposed
amendment for ten days in some newspaper published in the city or
town, or if no newspaper be published therein, then in some newspaper
having circulation therein. The cost of such advertising shall be paid
by the city or town, which shall be reimbursed by the person to whom the
amendment is granted. No such amendment shall be adopted except by
ordinance.

6. The corporation courts of the citics and the circuit courts of the
counties in which the towns may be situated shall have jurisdiction br
mandamus, according to the provisions of section one hundred and forty-
four of the Code of Virginia, to enforce compliance by said cities or
towns and by all grantees of franchises, whether now in force or granted
under the provisions of this act, with all the terms and contracts and obli-
gations of either party, as contained in franchises. Service of process in
such mandamus proceedings may be made upon any agent or emplovee of
such grantees residing in said city or town, or otherwise, as provided by
law for service of process on a defendant: provided, however, that such
jurisdiction in mandamus shall not preclude any party from bringing any
other suit or action which such party would be entitled to bring without
the passage of this act, at law or in equity.

%. Any person or corporation that shall undertake to occupy or use any
of the streets, avenues, parks, bridges, or any other public places or public
property, or any public easement of any description in any city or town,
in a manner not permitted to the general public, without having first
legally obtained the consent thereto of the city council or board of trus-
tees, as the case may be, or a franchise therefor, shall be guilty of a mis-
demeanor, and upon conviction thereof shall be fined not less than five
dollars nor more than fifty dollars, each day’s continuance thereof to be
a separate offense, and the court or justice trying the case shal] have
power to cause the nuisance to be abated and to commit the offenders and
all their agents and employees engaged in such offenses to jail until such
order of the court shall be obeyed.

8. This act shall be in force from its passage.

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