The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1902-11-28
FRANCHISE.

A FRANCHISE GRANTING TO WIN.
D. GALLAGHER. HIS HEIRS AND
ASSIGNS, THE RIGHT TO USE
THE STREETS, ALLEYS. PUBLIC
THE CITY OF ELY. MINI. FOR
THE ERECTION OF TELEPHONE
POLES. WIRES AND OTHER MEG
ESSARY APPARATUS FOR THE
MAINTENANCE OF A TELE-
PHoNIC SYSTEM WITHIN SAID
The City Council of the City of Ely do
Section 1. 1t is hereby granted to
VIM. D. Gallagher. his heirs and as
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
other electric conductors. also the right
to the use of such streets. alleys. public
grounds and highways for subWays and
other necessary electrical appliances.
for the purpose of establishing and
maintaining public telephone system
within said city.
Sec. 2. The work of erecting poles.
wires and electrical conductors under
and over said streets. alleys. public
grounds and highways. and of con-
the right hereby granted. shall be I'M
der the supervision of such official rep
resentative of the city of Ely as the city
council may designate. and the said
replace and properly relay any side
walk street or pavement that may be
displaced by reason of any construc-
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.
See 8. The rights and privileges
hereby granted are. and shall be. sub
iect to the provisions of all ordinances
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
wires shall be strung in alleys where
possible: The rate of toll for the use
of public telephone shall be fixed at
five cents (5c) in the city. and ten G0c)
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. 8. This franchise. and the rights
and privileges here granted shall be
continuing. but the city hereby re-
serves the right to purchase, after the
expiration of Is years from the granting
hereof. if it so desires and elects so 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 and
singular everything. or right or privi-
lege of value which said Gallagher. his
legal representatives. successors or as
signs. may then own in connection
Herewith. Upon the passage of said
ordinance electing to purchase as afOre-
said, duly certified copy thereof shall
be at once served upon the owners OF
said plant and franchise. and if within
a 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
a price for the purchase and the terms
of such sale. the value of all said prop
erty to be purchased shall be deter
mined by arbitrator. one to be ap-
pointed by the said city and one by
said VIM. d. Gallagher. his legal rep
Iresentatives or assigns. within thirty
| 600 days after written notice of the
appointment of the city's arbitra tor
and in the event of said arbitrator not
being able to agree on some valuation
they shall appoint a third arbitrator
and the decision of a majority of said
arbitrator upon the question of such
value shall be final. After the determi-
nation of the value by said arbitrators
| II arbitratorS are necessary as afore-
said. either party may have six months
i'll which to prepare for the purchase