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Franchises 1913-1934
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Franchises 1913-1934
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v ; <br />G�i r <br />y <br />such inhabitants•, without the consent of such other <br />municipality, expressed by ordinance.'" <br />This gives to the municipality the power to construct <br />gas works or purchase existing works, including their "franchises'". <br />And as their only "franchise" is the right to use the streets, it <br />would seem that this section recognizes that the extent of the <br />right of the municipality over an established plant is to purchase <br />it, at least as to existing mains. It may be that the municipal - <br />ity has power to require a franchise to be procured for extensions; <br />but,whether it has such power or not, we do not desire to raise that <br />question, and express a perfect willingness to acquire a franchise <br />covering extensions of our plant in your city; but do not think <br />that the city should ask us to pay for past use of the streets. <br />The constitutional amendment in question does not contemplate a <br />power in the Council to interfere with property rights acquired <br />under the constitution as it existed prior to that amendment. <br />To desire to meet the Council in a spirit of absolute <br />fairness, and do not ask or expect the Council to grant us any <br />favors; but we do earnestly urge upon the Council to give careful <br />consideration to the effect to be given the constitutional pro- <br />vision under which the rights of the Company were acquired. <br />Respectfully submitted, <br />SOUTHERN COUNTIES GAS COMPANY, <br />By <br />Its president. <br />3. <br />
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