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Session Laws, 1912
Volume 370, Page 229   View pdf image
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PHILLIPS LEE GOLDSBOROUGH, GOVERNOR. 229

of Montgomery County until the following provisions shall have
been complied with: (1) The application for such franchise or
right shall be published by the applicant once a week for .three
successive weeks in two newspapers published in Montgomery
county and having general circulation, setting forth the location,
character and extent of the franchise sought; (2) upon the first
publication of said notice it shall be the duty of the County
Commissioners of Montgomery County to make diligent inquiry
as to the money value of the franchise or right asked to be
granted, and the adequacy of the compensation proposed to be
paid for it; (3) if any objection is. made to the granting of the
franchise asked by any person or persons interested therein,
either as taxpayers or having property rights involved, and filed
in writing with the clerk of the board, before the expiration of
euch notice, opportunity shall be granted and a time set for the
hearing of such objections.

177W. If no valid objection is made to the granting of such
franchise and it appears to the said board that the granting of
the same is expedient and proper, the said board shall have
authority to grant such franchise for such money compensation
as it shall upon inquiry determine proper and as may be pre-
scribed by said board, for a period not longer than twenty-five
years, but such grant may at the option of the said board pro-
vide for giving the grantee the right, and fair revaluation,
including in such revaluation the value, if any, derived from
the said franchise or right to renewals, not exceeding in the
aggregate twenty-five years. Every grant of any such franchise
or right shall make provisions, by way of forfeiture of the
grant, for the purpose of compelling compliance with the terms
thereof and to secure efficiency of public service at reasonable
rates and the maintenance of the property in good condition,
throughout the full term of the grant The grant shall also
specify the mode of determining the valuation and revaluation
which may be provided for therein, and the time limitation in
which there shall be an exercise of the rights given, and in
default thereof for a lapse of the grant.

177x. When the grant of a franchise or right is made in
compliance with the aforegoing- sections, the said County Com-
missioners of Montgomery County shall not part with, but
shall expressly reserve the right and duty at all times to exer-
cise full municipal control and regulation in respect to all mat-
ters connected with said grant not inconsistent with the terms
thereof.

 

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Session Laws, 1912
Volume 370, Page 229   View pdf image
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