The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1907-01-30
BILL REGARDING THE
GRANTING Of
FRANCHISES
Gives Council Power to Control
Rates and Quality of
Service.
HAS BEEN INTRODUCED
Into the North Dakota Senate
Complete Copy Of Pro-
posed Act.
HAS BEEN INTRODUCED


sive and embodies the advanced
thought upon the subject. Among
other things it provides that no fran
chise shall be granted for more than
20 years and if the grant is for more
than five years it must be approved
by aymajority Of the electors; the prln-
ciple of the Mass. law as to franchises
for an indeterminate period is pro-
posed; compensation must be reserved
as. power of supervision and control.
By the second section the council
upon complaint in writing is author
lied to make examination and deter
mine the reasonable price to be cnarg-
ed for the product of services rend-
cred and from such determination an
appeal lies to the District and Supreme
court.
The bill is as follows:
Be it enacted by the legislative as
sembly of the state of North Dakota:
Sec. /. That the incorporated cities,
towns and villages of the state Of
North Dakota, shall have power to
grant franchises, rights and privi-
leges in and to their streets, highways,
alleys and other public ways or places
only upon the following conditions:
Cd That such grant shall be by
ordinance and il the grant extends
over a period of more than five years
such ordinance shall not become eff
fective until it shall have been APP
proved by majority of the electors
of the municipality at either a gen.
eral or special election.
(2) That the rights granted shall
be for period of not to exceed twen-
ty years provided that such rights may
be granted for an indeterminate period
if there be reserved in the ordinance
granting the same, the power to
amend, alter or repeal.
80 For compensation commensu-
rate to the rights conferred reserving
always the power to re-adjust such
compensation and increase or decrease
the. same at stated periods of not to
exceed in duration five years.
az Providing for supervision and
control of the service rendered except
that where any alteration or improve
ment is required exceeding in cost 10
percent of the prior investment or the
sum of five hundred dollars, if said
10 percent is less than the same, the
order therefore shall be made only
after a hearing before the council up
on twenty days notice and provided
further, that from such order an APP
peal will lie to the district court, to
be taken within thirty days.
60 That the rights transferred
shall not be assigned, mortgagei or
hypothecated without the consent of
the municipality to be given by ordin-
ance at the time of such mortgage,
assignment or hypothecation.
Sec. 2. The council or other legIs-
lative body of any city, town or viii
lage of this state, is hereby author
lied, when complaint in writing IS
filed with it, by five or more citizens
of any such municipality, that any
person, firm or corporation exercising
franchise, right or privilege in or to
any street, highway, alley or any pub
lie place of such city is charging an
exorbitant rate for its services or pro-
duct furnished to summon all such
persons, firms or corporation, their
officers, agents or employees. together
with any and all books of account
and make such examination as may
be necessary to determine whether
or not such prices are reasonable and
If upon such examination, it shall be
determined that an unreasonable price
is charged, such council or other legis-
lative body, is hereby authorized and
required by ordinance to fix price as
1t deem reasonable.
Sec. 3. Any person, firm or corpo-
ration exercising any franchise, right
or privilege in and to the streets,
highways, alleys or public places of
any city, town or village of this state,
is hereby required to appear before
the council, or other legislative body,
of such city, town or village, or any
committee by it designated, as often
as such council or Legislative body
may deem necessary and exhibit their
books of account and are hereby re-
quired to adopt such rates as shall
be fixed by said council or other leg
islative body.
Sec. 4. Any person. firm or corpo-
ration exercising any franchise, right
or privilege in and to any street,
alley or other public places
of any city, town or village of this
state, VINO shall fail or refuse to APP
pear as hereinbefore required or who
shall fail to accept and adopt within
ten days the rate as fixed by the city
council or other legislative body, and
instead thereof shall charge, demand
and receive a greater amount than
the amount fixed. shall be deemed
guilty of misdemeanor and upon
conviction shall be fined in sum
not less than twenty-five dollars nor
more than five hundred and each day
that such charge is made shall con-
stitute a separate offense.
Sec. 5. An appeal may be taken to
the district court of the county where
in any such city, town or village may
he situated by any person, firm or con-
poration exercising any franchise,
right or privileges as hereinbefore set
forth, nom the decision, determination