Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1907-08-08

engaged in similar service Without first
securing from the commission declaration
after q public hearing OF all parties In
terested. that public convenience and neces-
sity require such second public utility.
2. Any existing permit, license or fran
chse which shall contain any term what
soeyer interfering with the existence of such
public utility is hereby amended in such a
manner as to permit such municipality to
grant an ndeterminate Pgr nt,i Tor the oper
to the provisions Of TINS act
3. No municipality shan hereafter con-
struct any such plant ,,n or equipment a where
permit as provided in this act, in such
municipality a public utility engaged in
similar service, without nfst securing from
the commission declaration after public
hearing of all parties interested, that pub
lie convenience and necessity require such
municipal public utility But nothing in
this section shall be construed as prevent
ing municipality acquiring any existing
plant by purchase or by condemnation as
hereinafter provided.
f. Nothing in this section shall be con-
strued so as to prevent the granting of an
ndeterminate permit or the construction
of municipal plant where the existing
public utility is operating without an IN
Discriminate permit as provided in this act.
Section 1707m-75. No license, permit
or franchise to own, operate, manage or
eondro any plant 9f davarT f0r f fne
nishing of heat, light water power shall
be hereafter granted, or transferred except
10 Il corporation QuIy OlSdulZeQ uuueE Inc
laws of the state Of wisconsin.
Section 1797m-76. Every license per-
nit or franchise hereafter granted to any
public utility shall have the effect of an In
of this act, and subject to the provision
that the municipality IN which the major
part of its property Is situated may pur-
chase the property of such public utility
actually used and useful for the convenience
of the public at any time as provided here
in paying therefor just compensation to be
loci ion ovid
ing to the terms and conditions fixed by
said commission. Any such municipality Is
authorized to purchase such property and
every such public utility is required to sell
such property at the value and according
to the terms and conditions determined by
the commission as herein provided.
Section III any Pu3 dnfv utility
lied under the laws of the state of Wiscon-
sin, operating under an existing license,
permit or franchise shall upon hling at any
permit or franchise and prior to July 1,
1908, with the clerk of the municipality
which granted such franchise and with the
commission, written declaration legally
executed that it surrenders such license per-
nit or franchise receive by operation Of
law In lieu thereof, an indeterminate per-
nit as provided In this act; and such pub
lie utility shall hold such permit under all
the terms conditions and limitations Of this
act. The filing of such declaration shall
be deemed waiver by such public utility
of the right to insist upon the fulfilIment
Of any contract heretofore entered into
relating to any rate, charge or service regu-
lated by this act.
accepting or operating under any license,
permit or franchise hereafter granted shall,
by acceptance of any such indeterminate
permit be deemed to have consented to
future purchase of it's property actually
used and useful for the convenience of the
public by the municipality in which the
major part of it is situate for the compen-
conditions
determined by the commission, and shall
thereby be deemed to have waived the right
of requiring the necessity of such taking to
be established by the verdict Of jury. and
to have waived all other remedies and
rights relative to condemnation, except such
rights and remedies as are provided in this
act.
Section 1797m-79. 1. Any municipality
shall have the power, subject to the proyi-
sions of this act, to construct and operate
a plant and equipment or any part Thereon
for the production transmission, delivery
or furnishing of heat, light, water or power
2. ANY municipality shall have the power,
subject to the provisions of this act, to pur-
chase by an agreement with any public util-
ity any part Of any plant, provided, that
such purchase and the terms thereof shall
be approved by the commission after a
hearing as provided In sections 1707m-S1
8. ANY municipality shall have the power,
subject to the provisions of this act to &C
quire by condemnation the property Of any
public utility actually used and useful for
the convenience of the public then operating
under a license, permit or franchise exist
ing at the time this act takes effect, or
operating in such municipality without any
permit or franchise.
/. Any municipality shall have the power,
subject to the provisions OF this act, to &C
Quire by purchase as provided In this act,
the property of any public utility actually
used and useful for the convenience of the
public operatinig under eGdin any indetermnate
Section 1797m-80. IL the municipality
shall have determined to acquire an exist
ing plant then operated under license,
permit or franchise existing at the time
this act takes effect, such municipality shall
bring an action In the circuit court against
the public utility as defendant praying the
court for an adjudication as to the neces-
sity of such taking by the municipality, in
which action the complaint shall be served
with the summons. The public utility shall
serve and file it's answer to such complaint
within ten days after the service thereof,
Whereupon such action shall be at Issue and
stand ready for trial upon ten days notice
by either party, Unless the parties thereto
waive a jury the question as to the neces-
sity of the taking of such property by the
municipality shall be as speedily as possible
submitted to jury.
shall have determined to acquire an exist
ing plant and the public utility owning such
plant shall have consented to the taking
over of such slant by the municipality by
acceptance of~an indeterminate permit as
provided herein, or. In case such public
utility shall not have waived or consented
to such taking, II the jury shall have found
that a necessity exists for the taking of
such plant, then the municipality shall give
speedy notice of such determination and OF
such consent or such verdict of jury to
the public utility and to the commission:
Section 1707m-82. The commission
shall thereupon after public hearing and
within three months from the receipt Of such
notice and upon notice to the municipality
and the public utility interested, by order
fix and determine and certify to the NUM-
cipal council and to the public utility just
compensation to be paid for the taking of
the property of such public utility actually
used and useful for the convenience of the
public and all other terms and all condi-
ttons Of sale and purchase which it shall
ascertain to be reasonable. The compensa-
ton and other terms and the conditions OF
sale and purchase thus certified by the COM
mission shall constitute the compensation
and terms and conditions to be paid fol-
lowed and observed in the purchase Of such
plant from such public utility. Upon the
filing of such certificate with the clerk of
such municipality the exclusive use of the
property taken shall vest In such munich
paliCy.
Section 1707m-S3. ANY public utility
or the municipality being dissatisfied with
such order may commence and prosecute an
action in the circuit court to alter or amend
such order or any part thereof as provided
in sections 1797m GA to 1797m-73 In
elusive, and said sections so far as appli-
cable shall apply to such action.
Section 1797m-84. If the plaintiff shall
not establish to the full satisfaction of the
court that the compensation fixed and de-
termined in such order is unlawful or that
some of the terms or conditions fixed ana
determined therein are in some particulars
unreasonable, the compensation, terms and
conditions fixed In said order shall be the
compensation, terms and ,conditions to be
paid, followed and observed In the purchase
of said plant from such public utility.
Section 1797m-85. If the plaintiff shall
establish to r.. full satisfaction of the
court and t. ar shall adjudge that such
compensate T. twful Or that some of
such terms . ons are unreasonable,
the court S I'd the same to the