Cases Decided in the Supreme Court of Appeals of Virginia Volume 125 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...quoted. Section 1033-e is precisely in the samelanguage as section 125 of the Constitution above quoted, except that the words "by the following section" are substituted for the words "by law," in that part of such section of the Constitution which has reference to the manner in which the bids for the franchise shall be received, and the following sentence is substituted for the last sentence of such section of the Constitution, namely: "Nothing herein contained shall be construed as repealing any additional restrictions now required in any existing municipal charter, in relation to-the powers of cities and towns in granting franchises." Section 1033-f provides that the ordinance proposing to make the grant of the franchise, after its terms have been fixed upon, shall be advertised; it also provides for the manner of advertising, receiving and acting on the bids for the franchise; and that "the highest and best bid" shall be accepted and that the ordinance granting the franchise shall be enacted "as advertised, without substantial variance except as to the insertion of the name of the successful bidder," with the power in the municipal authorities, however, "to reject a higher and accept a lower bid" if of opinion Statement. that "some reason affecting the interest of the city or town makes it advisable so to do." Such statute also' provides that "no amendment that releases the grantee, or his assignee, 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 benefit of such franchise, shall be granted...