The Belding banner-news. (Belding, Mich.) 1918-1973, 1920-09-08

prescribed, or otherwise failing to
comply with the terms prescribed.
| (b) To require proper and ade-
quate extensions of plant and service
and the maintenance of the plant
and fixtures at the highest practical
| standard of efficiency.
| (c) To fix the maximum rate of
charge to the public for the service
| furnished and to readjust the rate to
be charged at intervals to be fixed
by said ordinance not to exceed the
maximum rate fixed in the franchise
provided that the council may grant
a temporary increase in such rates
above the maximum in the franchise
| for a period of not more than six
months at one time when. by reason
of extraordinary industrial or COM
mercial conditions and not because OF
improper management OF such utility
| it is not able to make operating ex-
penses and reasonable return on
its investment.
ID To prescribe the form of &C.
counts for and at any time to examine
and audit the accounts and records Of
any such utility, and to require an
nual and other reports by each such
utility, covering whatever subjects or
items (relating to its ownership,
conduct, operation debts or profits)
the city council shall specify. The
city council shall have access to the
plants works or other property OF
any such utility.
(c) To impose such other regula-
tions as may be conducive to the
safety. welfare and accommodation OF
the public.
Assignment of franchises.
Section 1853. No franchise grant
ed by the city council shall ever be
leased, assigned or otherwise alien
ated except in accordance with the
express provisions OF said franchise
and all franchises granted by the city
council shall provide how and in what
manner and under what conditions
said franchise may be leased, assign
ed or alienated.
City to control and regulate use
of streets.
Section 154. The right is hereby
reserved to the city to use, control
and regulate the use of its streets,
alleys, bridges and public places and
the space above and beneath them:
Every franchise for the operation OF
a
alleys or public places of the city
or the space above and beneath them
shall be subject to the limitation
that the city may permit the joint
use of the property of such public
utility, located in the streets, alleys
or public places of the city by any
other public utility of the city, on
such reasonable terms as it may i'm
pose and upon payment of reason
able compensation to the owner
thereof. If the owner of such prop
erty and the one desiring such joint
use are not able to agree on such
terms and compensation for the use
thereof within sixty days from the
time of opening negotiations there
for. then the city council shall, by
ordinance after a fair hearing, fix
the terms and conditions of such
joint use and compensation which
award of the city council when so
made, shall be subject to review by
any court of competent jurisdiction
in proper proceeding therefor.
Pavement of streets by street rail-
way.
Section 155. No franchise shall be
granted or renewed for street rail-
way purposes except the same shall
contain a condition that the grantee,
its successors and assigns, shall pave
and improve and keep in repair, the
street or streets on which its tracks
are to be located between the outer
rails of the track or tracks and for
a space of eighteen inches outside OF
said rails, in such manner as the city
council may order and to correspond
with the abutting portions OF the
street, every such franchise or re-
newal shall contain a requirement
that every pavement torn up or dam
aged by the grantee, its successors or
assigns, in the work of constructing
or repairing such tracks shall be re-
placed at the sole expense Of such
grantee, its successors or assigns, in
as good condition and with the same
kind of material as it was prior
thereto.
Payment for public improvements.
Section 156. All utility grantees,
their successors or assigns, using the
streets, alleys, bridges or public
grounds or the space over or under
the same shall pay such part of the
improvements, repairs, rebuilding
and maintenance of the streets. al
legs, and public grounds, on over or
under which it's wires pipes, conduits
or poles are located as the city coun-
ell shall by resolution in each case,
determine.
Power of city to compel resump-
ton of service.
Section 1877. Whenever any public
service corporation operating in the
city, shall fail, in the opinion of the
city council, to render adequate SER
vice it shall be the duty of the city
attorney when so instructed by he
city council, at the expense and in
the name of the city, to forthwith IN
stitute mandamus or other approprl-
ate proceedings to compel resumption
Of service.
Power of city council to regulate
rates.
Section 158. The city council shall
have the the proper and authority to
regulate the rates of all public utili-
ty companies using the streets, alleys
or public places Of the city of Bel
ding in all cases in which the fran
chise rights of such utility companies
have expired or at the expiration OF
any franchise hereafter.
powor IF citv IN acQulre and Op-