The Ely miner., 1915-02-12

be charged by any such corporation person
Section 49, The maximum length of time for which
franchise privilege the streets alleys other
public places of the City may be granted any person,
firm or corporation shall be twenty-five years.
Forfeiture for Nom Compliance
Section 1872 Every ordinance granting any franchise
privilege shall provide for the and forfeiture
thereof for any breach failure comply with any of
the terms limitations conditions thereof, and in all
such cases the Council shall have power declare the
termination and forfeiture of any such franchise prvi
ee the same as though each instance such power was
expressly reserved.
Matters Charter Not Impair Right Council Insert
Other Matters in Franchise
Section lS3 The enumeration and specification of par
ticuar matter in this Charter which be included in
every franchise grant, shall be construed impair
ing the right of the Council such franchise
grant such other and further matters, conditions
nans terms. restrictions limitations burdens
ments areS rentals charges CONTROL foeitures,
other provision whatever the Council shall deem proper
to protect the interests OF the people No franchise granted
by the Council shall be assigned without the OF the
Council
Chapter XIV
Eminent Domain Local Improvements. Assessments.
Part l.
Section 1884, The City OF Ely, hereby empowered
e1v ornolea o. Wy IN any p2
be needed by said City for any public purpose
Necessity for the Taking to Be Declared by Resolution
Section 3s The necessity for the taking OF any prop
ery shall be determined by resolution of the Council which
resolution shall in general way describe the property need
ed and order its condemnation.
Section 1856 The fact that the property needed by the
City has been acquired by the under domain
already devoted public use Will prevent its
acquisition by the City.
May Acquire Under This Charter
Section lN The City acquire any property by pur
chase gift devise otherwise upon the condition this
chapter contained.
May Levy Assessments Property Benefited.
Section l3S The City is hereby authorized en-
powered except hereinafter specified levy
ments property benefited by improvements the
amount of such benefit without regard cash valuation.
nrI>r II
Section l39 The Council may by majority vote of
all its members order that the and expenses OF all
any part OF improvement provided for this chapter
shall be paid the appropriate fund OF the City without
assessment on the property benefited.
Part II.
Procedure Where There May Be an Assessment for
Benefits.
Council by Resolution Declare Improvement Is Neces-
sary
Section l40. When the Council shall by resolution de-
clare that public necessary take
damage destroy private property property
devoted to public shall determine by resolution
general way the nature and extent of the proposed
prorement
Procedure When Improvement Is Determined Upon
Section l4l The Council shall thereupon notify the City
Engineer OF such determination and thereupon shall be
the duty OF the Engineer present to the Cou
Gil plat and survey of such proposed Improvement show
the nature and extent of the the
necessary be TAKEN damaged injured DESTROYED
benefited thereby together with the of the owners
OF each parcel OF such property the appears the
last the office OF the Auditor the County
which said lands situated the date of said resolution
be to explain such survey and the and
OF such proposed Improvement.
Such plat and survey shall show Approximately the
amount of land belonging each which be
hted taken damaged injured destroyed the Council
cause such plat survey be modified amended or
changed
Adoption OF Survey of Proposed Improvement
Section AZ Whe such plat and survey shall finally de-
scribe the proposed the satisfaction of
Council it shall by resolution adopt the order the
making of the Improvement The Council shall then give
htteen days notice by publication in the official paper
OF the City, OF the time and place when will to make
award of the damages and of benefits
may be, in which notice shall the land or
shall specify what such assessment if any, is to be for
and in general way what property will be assessed
therefor 1t shall copy of such notice be
the in which is served in civil
action district all parties interested
land to be condemned benefited appears by the last
assessment list in the Office of the Auditor of the County
which the property located who found in that
County and also all persons occupying said lands
any thereof and shall mail copy such notice to all
noresdents OF the said County appearing interested
said lands addressed to the last known ostoc address
of such noresidens and if such address unknown to the
Council such notice shall be addressed such person at
Ely Minnesota Proof of the mailing OF such
notice shall be made by affidavit of the person serving
mailing the and how each notice mailed ad-
dressed aud such affidavit shall preserved in
the Office of the City Clerk
All Persons Interested May Be Present
Section i43 All parties interested property so to
be condemned, real be such
improvement be and hear adduce evidence
shall the City Attorney, before said Council said hear
ing.