The Frankfort roundabout. [volume] (Frankfort, Ky.) 1882-1908, 1906-05-05
AN INQUIRY.
Editor ROM da bout:


Section l64 of the Constitution of
this State provides, in express
terms, that "nO county, city, town,
taxing district or other municipal |
ity shall be authorized or permitted
to grant any franchise or privilege, /
or make any contract i'm reference
thereto, for term exceeding
twenty years. Before granting
such franchise or privilege for a
term of years, such municipality
shall first, after due advertisement.
receive bids therefor publicly, and
award the same to the highest and
best bidder; but it shall have the
right to reject any and all bids.
This section shall not apply to a
trunk railway"
Subsection 30 of section 1920 of
charter of cities of the third class, |
provides that the Common Council
of said cities shall not grant the
right of way along, over, or across
the streets. alleys and public
grounds of the city to any railway,
street railway, gas, water, steam
heating, telephone or electric light
or power company for a term not
exceeding twenty years, and,
before granting such franchise or
privilege, such city shall first, after
advertising same for a period not
less than thirty days, in some news
paper published in said city, receive
bids therefor publicly, and award
same to the highest and best bid
der, having the right to reject any
and all bids.
An ordinance was passed at the |
last regular meeting of the Common |
Council of this city, granting a
franchise to a foreign corporation !
(naming the corporation, which is |
clearly illegaN, to operate a street
railway for freight and passenger
purposes along and over certain
named streets of the city-the same
streets for which a franchise was |
passed, and sold to W. S. Lougee,
and by him transferred to the |
Frankfort and Versailles Traction |
Co., with additional provision for
the use of several other streets not |
provided for in the franchise now
owned by the Frankfort and Yer
sailles Traction Co. This ordinance
does not provide for the sale of the
franchise as the Constitution of the |
State and the charter provides. 1t
does provide, however. that it shall |
become effective from its passage !
and approval by the Mayor, and |
shall continue in force for a term of |
twenty years from its passage and |
approval. There is no question but
that this ordinance is "a franchise |
within the meaning of the law, and !
that it should be handled as other |!
franhises have been handled by !
former Councils. If it becomes a
law at the next meeting of the |
Council without amendment the /
city will have granted valuable |
rights and privileges to a corpora
tlon for no consideration, and the !
term of the franchise of the new |
corporation, which is really the |
Frankfort and Y ersailles Traction /
Co. will be extended three years. /
Is it the intention oflthe Council to
do this?
Are all the members of the coun-
ell familiar with the provisions of
this ordinance? Do they under
stand it to be a separate and dis
tinct franchise, or do they under
stand it to be simple transfer of the
Lougee franchise with additional II
privileges. If new franchise, l
should not provision be inserted Il
providing for a sale rs required by
law. If a simple transfer of the
Lougee franchise to the new cor
poration, should not the Council re-
quire the Frankfort and Versailles
Co. to transfer the orig
inal, or Lougee franchise, to the
new corporation, and have the city
attorney prepare franchise or
dinance, incorporating the addi-
tional privileges, and sell same to
the highest and best bidder as the
law requires.