The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1915-02-19

investigate and determine all questions with reference to
be charged by such corporation person.
Life of Franchise
Section l3l. 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 noncompliance.
Section 49, Every ordinance granting any franchise
privilege shall provide for the termination and forfeiture
thereof for any breach failure comply with any of
the TERMS limitations conditions thereof and in all
such the Council shall have power declare the
termination and forfeiture of any such franchise priv
ege the same though in each instance such
expressly reserved.
Charter Not Impair Right of Council to Insert
Other Matters in Franchise.
Section lS3 The enumeration and specification of par
tcuar matter in this Charter which be included in
every franchise grant, shall be construed impair
the right OF the Council insert in such franchise
grant such other and further matters conditions,
terms restrictions limitations burdens taxes
ments ares rentals charges control forfeitures any
other provision whatever the Council shall deem
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
Par1
Section 1884, The City of Ety. is hereby empowered to
take acquire by proceedings condemnation any prop
ery oorporeal ncorporeal wheesoever situated which
may be needed by said City for any public purpose
Necessity for the Taking to Be Declared by Resolution
Section 1856 The necessity for the taking OF any prop
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 l6 The fact that the property needed by the
City has been acquired by the under eminent domain
or already devoted to public will prevent its
acquisition by the City.
May Acquire Under This Charter
Section l The City may acquire any property by
chase gift DEVISE otherwise upon the condition this
chapter contained.
May Levy Assessments Property Benefited
Section 1873. The City is hereby authorized and
powered, except hereinafter specified levy
ments property benefited by mprov the
amount OF such benefit without regard cash valuation
May Order Payment for Part All Improvements.
Section I39 The Council NAV by a majority vote of
all its members order that the and expenses OF all
any part of any Improvement provided for in this chapter
shall be paid out OF the appropriate fund the City without
assessment on the property benefited.
Part II.
Procedure Where There May Be Assessment for
Benefits
Council by Resolution Declare Improvement Neces-
sary.
Section i40 When the Council SHALL by resolution de-
clare that tor public Improvement necessary take
damage nure destroy any private property property
devoted to public use it shall determine by resolution
general way the nature and extent OF the proposed
Procedure When Improvement Is Determined Upon.
Section AL The Council shall thereupon notify the City
Engineer OF such determination and thereupon shall be
the duty OF the Engineer to make and present the Coun
Gil plat and of such proposed improvement show
ing the nature and of the same the prop
erty to be taken damaged injured destroyed
benefited thereby, together with the of the
OF each parcel of property as the same appears by the
last in the Office of the Auditor Of the County in
which said lands situated the date Of said resolution
OF the Council together with such other
be proper to explain such survey and the
of such proposed Improvement
Such plat and survey shall show Approximately the
amount OF land belonging to each which be bene
hted taken damaged injured destroyed and the Council
may such plat survey to be modified amended
changed.
Adoption of Survey of Proposed Improvement
Section AZ When such plat and survey shall finally de-
scribe the proposed to the satisfaction of the
Council 1t shall by resolution adopt the and the
making OF the Improvement. The Council shall then give
htteen days notice by publication the official paper
of the City OF the time and place when will to make
award OF the damages and of benefits the
be- in which notice it shall describe land or
property to be condemned by general descriptions and
and IN a general way what property will be assessed
therefor 1t shall copy OF such notice be served
III the manner in which is served a civil
action district court all parties interested the
Land to be condemned benefited appears the last
assessment list in the Office of the Auditor of the County in
which the property is located; who be found that
County and also all occupying said lands
part thereof and it shall mail copy of such notice all
nonresdentS of the said County appearing interested
said lands addressed the known postoce address
of such nonresdents and such address unknown to the
Council such notice shall be addressed person at
Ely Minnesota. Proof of the service and mailing of such
notice shall be made by affidavit of person serving or
mailing the and how each notice mailed was adj
dressed and such affidavit shall be filed preserved in
the Office of the City Clerk.
All Persons Interested May Be Present.
Section l43 All parties interested any property SO to
be real estate to be assessed for such
improvement be and hear and adduce evidence
shall the City Attorney before said Council said hear