The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1902-11-21
FRANCHISE.

POLES. WIRES AND OTHER. NEG
Rs sfNTrN AAPHR RAJ ~ FOR TE THE II
cIEY SYSTEM WITHIN SAID
The City Council of the City of Ely do
| Section /. 1t is hereby granted to
VIM. D. Gallagher. his heirs and as
signs. upon the conditions hereinafter
set forth. the right to the use of the
streets. alleys. public grounds and high
ways of the city of Ely. Mimi. for the
| erection and maintenance thereon of
poles and electric wires. fixtures and
other electric conductors. also the right
to the use of such streets. alleys, public
grounds and highways for subways and
other necessary electrical appliances.
maintaining a public. telephone system
within said city.
Sec g. The work of erecting poles,
wires and electrical conductors under
and over said streets. alleys. public
grounds and highways. and Of con-
structing SubwayS hereunder under
the right hereby granted. shall be un-
der the supervision. of such official rep
resentatiVe of the city of Ely as the city
council may designate. and the said
VIM. d. Gallagher. or his assigns shall
replace and properly relay any side
walk street or pavement that may be
ton or erection under the conditions
|Of the rights hereby conveyed. and
upon his failure to do so. after ten
days notice in writing has been given
him by the proper authorities Of the
City of Ely. said city may repair the
same. and charge the cost thereof to
the said VIM. D. Gallagher. his assigns.
and if not paid. may collect the same
therefrOm.
Sec. 8. The rights and privileges
hereby granted are. and shall be. sub
ject to the provisions of all ordinances
now in force. or which may hereafter
be enacted. not inconsistent herewith.
Sec. 4. The height of wires shall be
at least four (D feet above all city
wires where they cross or parallel. ALI
poles shall be erected and all main
wires shall be strung in alleys where
possible; The rate of toll for the use
five cents (5c) in the CITY, and ten Q0c)
to Winton for five minutes talk. The
rate to subscribers shall not be more
than thirty dollars $500 per year for
business houses. and tWenty-four ($2D
per year for residences.
Sec. 5. This franchise. and the rights
and privileges here granted shall be
continuing but the city hereby re-
expiration of Is years from the granting
hereof. if it so desires and elects 80 to
do by ordinance. the franchise. works
and telephone plant of VIM. d. Gala
CHER. his legal representative. success
sors or assigns. together with all ana
singular. everything. or right or priyi
lege of value which said Gallagher. his
legal representatives. successors or as
signs. may then own in connection
herewith. Upon the passage of said
said. Il duly certified copy thereof shall
be at once served upon the owners of
said plant and franchise. and If within
Il period of six months from and after
the service of such ordinance the city
and said VIM. D. Gallagher. his success
Sors and assigns. shall not agree upon
q price for the purchase and the terms
OF such sale. the value of all said prop
mined by arbitrators. one to be ap-
pointed by the said city and one by
said VIM. d. Gallagher. his legal rep
reSentatiYes or assigns. within thirty
900 days after written notice, of the
appointment of the city's arbitrator.
and i'll the event of said arbitrator not
being able to agree on some valuation
they shall appoint third arbitrator,
and the decision of a majority of said
arbitrators upon the question Of such
value shall be final After the determi-
nation of the value by said arbitrators,
IL arbitrator are necessary as a1ofe-
said either party may nave SIX months
in which to prepare for the purchase
lagher. his legal representatives or as
signs shall give to said arhltrators
every facility for the examination OF the
plant and every part tnereor, anu nooa an
sary for them to have in determining
the value as aforesaid. If said Gala
CHER, or his assigns, shall neglect for
a period of 80 days to appoint such
trict Court, or a majority of them, in
and for ST. Louis County, at the re-
quest of the Mayor of the City OF Ely,
shall appoint such arbitrator, who
ed by said Gallagher or his assigns.
Section 6. The said VIM. D. Gala
CHER, or his assigns, shall indemnify
said city of Ely from, and assume all
liability for damages which may arise
or accrue against said city from the
injury of any persons, company or cor
poration, or to any property from the
doing of any work hereby authorized
to be done. or from the neglect of any
person or persons carrying on said
business under the rights hereby grant
ed.
Section Z. The public telephone shall
be placed and maintained at a reason
ably central place in said city, and
uniform rate of toll for the use there
of, shall be charged, and telephones
shall be placed and kept in any office,
store. residence, or other reputable
place desired, within the limits of said
city, upon the request of any party
desiring the same, upon the payment
or tender of three months rent for the
same in advance.
Section 8. Any sale or assignment
fectual, as against the city of Ely,
until notice thereof, signed by the
seller and purchaser and duly as
knowledged by each before a notary
public under seal. is filed in the Of
flee of the City Clerk of said city.
Section 9. The rights hereby
granted shall commence upon the
passage and publication of this
franchise and the said VIM. D. CAL
lagher, or his assigns, by the accept
ance thereof agrees to begin the ope-
ration of the construction of said
plant on or before one month from
the passage Of this franchise, and
continue the same with reasonable
diligence until it is ready for opera
ton. unless the work of construc-
ton is delayed by strikes the act of
God or the public enemy.
Section 10. The time of the con-
tinuance of the rights herein granted
shall be Is years.
Section II. This franchise shall
take effect and be in force from and
after it's passage and publication
Section IL. w. D. Gallagher, his
assigns or representatives, shall give
the city of Ely, Mimi, one telephone
at the City Hall without charge dur
ing the life of this franchise.
Passed the 18th day of Nov, A. D.
M. E. GLEASON,
Mayor
Attest:
PETER SCHAEFER,