The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1915-02-26

shall be regulated shall be fixed by the Council by
ordinance and the Council hereby authorized provide
BY ordinance for the appointment of commissioners to fully
investigate and determine all questions with reference
to be charged by any such corporation person
Life of Franchise.
Section 13l The maximum length OF time for which a
franchise or privilege to the streets alleys other
public places OF the City may be granted any person,
firm or corporation shall be twenty years
Forfeiture for Non Compliance
Section i3I Every ordinance granting any franchise
privilege shall provide for the termination and forfeiture
thereof Tor 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 any franchise prv-
iese the same though each instance such power
expressly reserved
Matters in Charter Not Impair Right Council to
Other Matters in Franchise.
Section l33 The enumeration and specification of par
ticuar matter in this Charter which must be included in
every franchise grant shall not be construed impair
ing the right of the Council insert such franchise
grant such other and further matters, conditions
nants terms restrictions limitations burdens taxes
mens fares, rentals, charges, CONTROL orieures any
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, is hereby empowered to
take acquire by proceedings condemnation any prop
ey corporal incorporeal situated which
may be needed by said City for public purpose.
Necessity for the Taking Be Declared by Resolution
Section 1855 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
May Acquire Property Devoted to Public Use
Section 1876 The fact that the property needed by the
City has been acquired by the under domain
or already devoted to public will not prevent its
acquisition 10y the City.
May Acquire Under This Charter
Section l3I The City acquire any property by pu
chase gIt devise otherwise the condition this
chapter contained
May Levy Assessments on Property Benefited.
Section 1873. The City is hereby authorized and en-
powered except as hereinafter specified levy
ments any property benefited by improvements
of such benefit without regard cash valuation
May Order Payment for Part All improvements
Section l39. The Council may by majority vote of
all its members order that the and expenses all
any of any Improvement provided for in this chapter
shall be paid the appropriate fund of the City without
assessment on the property benefited
Part H.
Procedure Where There May Be an Assessment for
Benefits.
Council by Resolution Declare Improvement Is Neces
sary.
Section 40 When the Council shall by resolution de-
clare that tor public take
damage destroy any private property property
devoted to public it shall determine by resolution in
general way the and extent the proposed i'm
provement.
Procedure When Improvement Is Determined Upon
Section AL The Council shall thercupon notify the City
Engineer of such determination and thereupon shall be
the duty of the Engineer make and present the
ell plat and survey of such proposed improvement show
the nature course and extent of the same and the prop
erty necessary to be TAKEN damaged injured destroyed
benefited thereby together with the owners
OF each parcel of such property the appears by the
last assessment in the office Of the Auditor Of County
which said lands situated the date of said resolution
of the Council together with such statements as may
be proper to explain such survey and the
OF such proposed improvement.
Such plat and survey shall show approximately the
amount OF land belonging each which
hed taken damaged injured destroyed and the Council
may such plat survey to be modified amended
changed.
Adoption of Survey of Proposed Improvement
Section AZ Wel such plat and survey shall finally de-
scribe the proposed Improvement the satisfaction Of
Council it shall by resolution adopt the
making OF the Improvement. The Council shall then give
fifteen days notice by publication in the official paper
of the City, of the time and place when will
an award OF the damages and assessments of benefits the
may be- in which notice it shall describe the land or
property be condemned by general descriptions and
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 served
III the in which is served in civil
action district upon all parties interested in the
land to be condemned benefited, appears by the last
assessment list the office of the Auditor the County in
which the property is located who can found in that
County and also upon all occupying said lands or
part thereof and shall mail notice to all
OF the said County appearing be
said lands addressed to the last known postoce address
OF such and such address unknown
Council such notice shall be addressed person at
notice shall be made by affidavit person serving or
mailing the and how each notice mailed was ad-
dressed and such affidavit shall be filed preserved in
the office Of the City Clerk.
ALI Persons Interested May Be Present
Section l43 All parties interested in any property so to
be condemned real be assessed for such
improvement may be present and hear and adduce evidence