Monte Vista journal and Monte Vista graphic-reporter., 1922-02-25
ltegalatioas


across all streets or public grounds
!. occupied by public utility fixtures.
All rights granted for the construc-
tion and operation OF public utilities
shall be subject to the continuing
right of the City Council to require
such reconstruction. + G o 1 n.
change, or discontinunnce OF the ap-
plianccs used by the utility. In the
streets. avenues, alleys and public
places Of the city. as shall In the
opinion OF the City Council he nec-
essary in the public interest.
4 Contracts for Service
), Sec. 81 All contracts for service
between the city and the owner or
manager Of amy such franchise,
shall be made by ordinance, the
terms OF which shall be agreed to
in writing by said owner or manag-
er prior to the passage of such ordi-
nance. No contract for service shall
be made by the City Council for a
longer period than their term of
office unless such contract be sub
mttted To vote OF the qualified
electors of the city. and approved by
Il majority of those voting ON said
question.
Power I" Regulate Rates and Fares
Sec, ~ All power to regulate
the rates. fares. rentals and charges
Tor s.rrice Y public utility corpor-
atipns is hereby reserved TO the peo-
pie I" he exercised hy them by or
dinance Of the City Council. or in
the manner herein provided for In
itiating or referring an ordinance.
Any right or regulation shall furth-
er include tho right to require uni
form. convenient and adequate scrv-
lee to the public and reasonable ex-
tensions Of such service and of such
public utility works. The granting
OF IL franchise shall not he deemed
To confer any right to include in the
charge for service any return upon
the value Of the franchise or grant
Itself
Ordinance la Plain Terms
Sec. 81 No franchise. right, pri-
'ilece. or license shall be considered
a. granted by any ordinance, cx-
ccpt when granted therein in plain
and unambiguous terms. and any
aud every ambiguity therein shall
h. construed in favor OF the City
and against the claimant under said
ordinance.
Franchise. Provide FOR Safety. Etc.
chise or privilege shall he subject
To the right of the City. whether in
terms reserved or not. to make any
regulations for the safety. welfare
and accommodation VI tn. public,
including among other things. the
right to require proper and sde-
quaic extensions OF the service OF
such grant. the right to require any
or all wires, cables, conduits. and
other appliances To he placed under
ground. and the right to protect the
public from danger or inconven-
tieas4. In the operation of any work
or business authorized by the grant
of the franchise.
city Maintain General Supervision,
RrIOrt>,' Inspection
| Sec 80 Tn. City shall maintain
general supervision and police con
troll over all public utility compan-
les IN so far as they are subject to
municipal control, II shall cause to
h. instituted such actions or pro-
cccdings as may be necessary to
prosccut. public utility companies
for violation OF law.
| II shall require every person or
corporation Operating under a fran
chisA or grSnt from the city. TO sub
NIT to IN. city Council within sixty
| '60 daSs after the first day Of Jan
uhry OF each year. an annual report
verified by the oath OF tn. prasf-
dent. the treasurer. or m. general
manager thereof
Such reports shall he In the form.
contain such detailed Information
and cover the period prescribed by
the city Council by ordinance. and
the City Council shall have tn. pow
er. either through its members or
hy experts or employees duly au-
thorizcd by Il. Ia examine the hooks
and affairs of any such person, per
sons or corporations. and to com
pei the production before them Of
books and papers pertaining To such
report or other matters.
Any person. persons. or corpor-
alton which shall fall to make any
such report, shall h liable 10 a
I penalty of On. Hundred Dollars
| 01o0.0O) and AN additional. pen
atty of I'm, Hundred Dollars
! Oioo.00) for each and every day
'her'nftrr. durinx which hc or II
shall fail to file such report. 10 be
sued Tor and recovered In any court
IT record having Jurisdiction.
The City Manager shall. .ither
personally or through tn" city'r In
slsectors or employees. enter into
and upon and Inspect the buildings.
plants. power houses. and all prop
~rtics ri any such pcrson. rnr~ons
or corporations. and shall inspect
The ssnc NJ i~xse once each year and
shall immediately thereafter rcpbrt
TO the City Council \ detailed snd
c0mplc'" statement NJ such inspsr-
tiou.
1sassA. ot N<ro~si AMI st.st.r~sr~
Ss.c. sS The City Manager shall
prOvIds and cause To h~ kept In his
offi~~ the following books Of record
and reference:
First: A franchise record. In
dsxed. aad of proper form. In whirh
shall he trAnsrribs.d accurate and