The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1933-11-24
Chapter XVI
FRANCHISES.

SECTION l. GRANTING OF FRANCHISES,
ETC. No perpetual franchise privilege shall ever
be granted shall any exclusive franchise prvi-
ege be granted unless the question of granting the
same shall have been first submitted to the qualified
voters of the City and adopted by vote of not less
than twothrds of said voters voting at such election
the proposition, in such for longer period
than twenty-five years.
SECTION 2. REGULATION OF RATES AND
CHARGES. All corporations, co-partnershps and
persons exercising franchises in the City shall give
courteous efficient and adequate service at reasonable
rates. reasonable rate shall be construed to be
which will, with efficient management, normally yield,
above all operating expenses and depreciation, fair
rturn upon all money honestly and efficiently invested
in the plant and equipment used by the company in the
public service within the City. This shall not be
strued guarantee OF return and IN no case shall
there be any return upon franchise value Within
these limits the determination of the maximum price
rate to be charged by any company for service
rendered to the City to any within
the City shall be made, possible, by direct negotia
tons between the company and the Council at public
hearings. In of failure to reach an agreement
by this method the Council shall, not less than ninety
days before the expiration of existing rate schedule
agreement, employ expert services it's representa-
tive the company shall appoint representative, and
these two shall by mutual agreement select third
person, preferably expert in valuation and rate
making who shall together constitute board of
arbitration. This board shall report it's findings as
possible, and the rate which shall agree upon
by majority shall be the legal rate, subject
revision by any court of competent Jurisdiction
Schedules of rates thus fixed shall be flexible may
be, and shall in fix definite rate for period
of than five years beyond the termination of the
franchises. The City and the company may by mutual
agreement revise existing schedules of rates at any
time, proceeding in each provided for the
original fixing of the rates.
SECTION 3. LIFE OF FRANCHISE. The
privilege to the Streets alleys other public places
of the City may be granted to any person. firm,
poration shall be twenty-five years.
SECTION 4. FORFEITURE FOR NON-COM-
PLIANCE Every grant of franchise privilege shall
provide for the termination and forfeiture thereof for
any breach failure to comply with any of the terms
limitations conditions thereof and in all such cases
the Council shall have power to declare the termination
and forfeiture of any franchise privilege, the same
though in each instance such power expressly
reserved.
IMPAIR RIGHT OF COUNCIL TO INSERT OTHER
MATTERS IN FRANCHISES. The enumeration and
specification of particular matters in this Charter which
must be included every franchise or grant, shall not
be construed mparing the right of the Council to
insert in such franchise grant, such other and further
matters conditions, covenants, terms, restrictions
limitations burdens, taxes assessments fares rentals
charges control, forfeitures any other provision
whatever the Council shall deem proper to protect
the interests of the people.
SECTION 6. RESTRICTIONS AND LIMITA-
TIONS No franchise privilege shall be granted or
assigned unless the question of granting assigning
the same shall have been first submitted to the
qualified voters of the City and adopted by majority
voting at such election the question and further,
when any franchise contains any provision that The
City may take such project, matter what