The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1911-04-28

for q term OF twenty-five yearsswhich
expires April "A, 1918, with the privi-
lege to the company Of an additional
extension of twenty years which would
expIreaApFil IL, 1898, In case tho city
did not%purchase the plantSat the end
Of twenty. five year term. =
Sec. provides that the poles; wire,
pipes and appliances of the company
necessarily interfere with or endanger
travel on public roads in or upon
Streets avenues. alleys or public
grounds.
Sec. 3 provides that the company
will extend it's water line two hundred
feet at any time that the annual rev.
enue from said extension will amount
to one hundred dollars, and will OK.
tend it's light line one thousand feet
when the annual revenue from said
extension would amount to 100000. and
the village agrees to take thirteen
hydrants from the company per mile
and to take one light to, every five
hundred feet of line.
Sec. provides that the village
agrees and binds itself and It's sue
cessors to rent from said company all
the gas and electric lights, not to be
less than twenty arc lights at any
time, and all the fire hydrants Of the
class and character herein designated
that it may deem necessary for the
use of said city for and during the
term of twenty-five years.
Sec. provides mode of purchasing
plant, either by arbitration or, in case
the village and company cannot agree
on price, by condemnation. The city
has the right to purchase the plant
at the end of any five or ten year
period. and could purchase the plant
on April IA, 1913, but the council must
give notice to the company on or about
April IA, 1912, Of its intention to pur-
chase the light and water plant or
either of them. The ordinance pro-
vides that in case of condemnation,
when the majority of the commission
ers shall make their award in writing,
the city shall have the option to re-
fuse to purchase the said plant within
six months from the date Of said
award, and in case the village refuses
to purchase after award, the city shall
pay the expense incurred in the con-
demnation proceedings.
I have made careful examination
of the franchise in this matter and
under the terms of same, as provided
rent thirteen MIGRANTS and one arc
light to every five hundred feet
wherever same is extended or main
tanned by the company throughout the
city, and in case the city erected, q
plant of it's own and the Virginia
Light & Water Company continues to
operate, the city would still be CON-
PEELED to rent hydrants, arc lights,
along at least all lines which are now
in operation.
have found the decision of some
states to be that where franchise
mas been given, the terms of which are
unfair or exorbitant, the courts have
set aside this franchise as being
against public policy. and the legisla-
ture of the State of Minnesota and
many other states has given to cities
under their charter. special powers and
rights to condemn and acquire light
and water plants.
In this case, If the council are salts
fled. upon full examination Of the ia
cilities and rates. that the prices are
unreasonable for light and water, and
are excessive and could prove these
facts in court, I am satisfied that the
court would grant relief and annul
and set aside those conditions in the
franchise which the city could prove
were excessive and unfair.
Yours truly,
OTTO A. PORTER,
City Atty.