The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1915-01-29

ordinance and the Council hereby authorized to provide
bv ordinance for the appointment of to FULLY
investigate and determine all questions with reference to
rates be charged by any such corporation person
Life of Franchise.
franchise privilege the alleys other
public places of the City may be granted to any person.
firm or corporation shall be twenty-five years
Forfeiture for noncompliance.
Section 1872 Every ordinance granting any franchise or
privilege shall provide for the termination and forfeiture
thereof for any breach failure comply with any OF
the limitations conditions thereof and IN all
such the Council shall have power to declare the
termination and forfeiture of such franchise priv
lege the though each instance such power was
expressly reserved.
Charter Not to Impair Right Council Insert
Other Matters in Franchise
Section 1873. The enumeration and specification OF par
ticular matter in this Charter which be included in
franchise grant, shall not be construed impair
ing the right of the Council such franchise
grant such other and further matters conditions
TERMS restrictions limitations burdens
ments fares rentals charges control foreitues or 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 consent OF the
Council.
Chapter XIV.
Eminent Domain. Local improvements Assessments
Part
Section 1874 The City Of Ely is hereby empowered to
take acquire by proceedings in condemnation any prop
corporeal ncOrporcal weesoever situated which
may be needed by said City for any public purpose
Necessity for the Taking Be Declared by Resolution
Section 35 The necessity for the taking OF any prop
resolution shall i'll general way describe the property need
ed and order its condemnation.
May Acquire Property Devoted Public Use
Section 1876 The fact that the property needed by the
City has been acquired by the under eminent domain
already devoted to public Will not prevent its
acquisition by the City.
May Acquire Under This Charter
Section ~ The City may acquire any property by pur
chase gift devise otherwise the condition this
chapter contained
May Levy Assessments on Property Benefited.
Section l3S. The City is hereby authorized and en-
powered except as hereinafter speched to levy assess
of such benefit without regard to cash valuation
May Order Payment for Part or All improvements
Section 80. The Council may by d majority of
all its members order that the cost and expenses
any part OF any Improvement provided Tor in this chapter
assessment on the property benehted
Part H.
Procedure Where There May Be Assessment for
Benefits.
Council by Resolution Declare Improvement Is Neces-
Section 49, When the Council shall by resolution de-
clare that for public Improvement it necessary to take
damage destroy property property
devoted public use shall determine by resolution
general way the nature and extent OF the proposed i'm
proVement
Procedure When Improvement Is Determined Upon.
Section 41. The Council shall hereupon notify the City
Engineer of such determination; and tereupon shall be
the duty OF the Engineer to make and to the Coun
Gil plat and survey Of such proposed improvement show
ing the and extent of the and the prop
necessary be taken damaged injured destroyed
benefited thereby together with the of the
OF each parcel OF such property the by the
last the Office of the Auditor of the County
which said lands situated the date of said resolution
the Council together with such other
be to explain such and the nature and
of such proposed Improvement
Such plat and survey shall show approximately the
amount of land belonging each which be bene
ted taken damaged ured destroyed and the Council
SUCH plat survey to be modified amended
changed.
Adoption of Survey of Proposed Improvement.
Section AZ Wheu such plat and shall finally de-
scribe the proposed to the satisfaction OF the
Council shall by resolution adopt the and the
making OF the Improvement The Council shall then give
fifteen days notice by publication in the official
of the City of the time and place when will make
award OF the damages and assessments of benefits the
be, which notice shall describe the land
property TO be condemned by general descriptions,
shall specify what such assessment, if any, be for
and IN general way what property will be assessed
therefor 1t shall copy of such notice be
i'll the manner in which is served civil
action district court all parties interested in the
land be condemned benefited appears by the
list the office of the Auditor of the County
which the property is located; who be found tina
County and also all persons occupying said lands
thereof and shall mail copy such to al
noesdents Of the said County appearing be interested
said lands addressed to the last known posoce address
of such nonresidents and such address unknown The
Council such notice shall be addressed such person
Ely Minnesota Proof of the mailing sucl
notice shall be made by affidavit of the person serving
mailing the same and how each notice mailed ad
dressed and such affidavit shall be filed and
the Office of the City Clerk
All Persons Interested May Be Present
Section 43 All parties interested in property
be condemned real be assessed for sucf
improvement be and hear and adduce evidence