Bemidji Daily Pioneer Newspaper, January 25, 1919, Page 7

SATURDAY EVENING, JANUARY 25, 1919 Franchises Sec. 67. GRANTS LIMITED:—No grant or renewal ~thereof, to construct and operate a public utility in the streets *~and public grounds of the city shall be made by the city commis- ~“aion to any individual,-company or corporation in violation of .any of the limitations contained in this charter. i Bec. 68. -PERIOD OF GRANTS:—No such grant shall be exclusive, nor shall it be made for a longer period than twenty years. No such grant shall be renewed earlier than two years /prior to its expiration unless the city commission shall by a vote of at least four of its members first declare by ordinance its in- . tention of considering a renewal thereof. All grants of the right to make extensions of any public utility shall be subject as far -as practicable to the terms of the original grant and shall expire therewith. g ~Bec. 69, ASSIGNMENT :—No such grant shall be leased, ssigned or otherwise alienated except.with the express consent of‘the city commission. : . ¢ Sec. 70. RIGHT OF PURCHASE :—All such grants shall veserve to the city the right to purchase or lease all the property of the utility used in or useful for the operation of the utility, at a price either fixed in the ordinance making the grant, or to be fixed in the manner provided by such ordinance, which price ~-shall 'in no event include any value for the grant. Upon the acquisition of such property by purchase, or otherwise all grants shall at once terminate. . ) Sec. 71.. EXTENSION BY ANNEXATION :—It shall be P -nrovided in every such grant that upon the annexation of any W territory to the city the portion of any such utility that may be “located within such annexed territory and upon the streets, alleys or public grounds thereof, shall thereafter be subject to all the terms of the grant as though it were an extension made thereun- ?M& der. Sec, 72. RIGHT OF REGULATION :—All grants shall be subject to the right of the city, whether in terms rescrved or not, *to control at all times the distribution of space in, over, under or across all streets, alleys or public grounds occupied by public utility fixtures, and, when-in the opinion of the city commission the public_interest so requires, such fixtures may be caused to be oeonstrueted, relocated, altered or discontinued; and said city & sMall at all times have the power to pass all regulatory ordinances ¢ affecting such utilities which in the opinion of the city commis- idion are required in the interest of the public health, safety or # accomodation. f + A ; - £ i1 Sec. 73. FORFEITURES:—If any action shall be institut- — rant, or by: its stockholders or creditors, to set aside or have de- red void anyof the terms of any such grant, the whole of such t may be thereupon forfeited and annulled at the option of © the city commission to be expressed by ordinance. All such i grants shall make provision for the declaration of a forfeiture #| by the city commission for the violation by the grantee of any of the terms thereof. 4 Bec. 74. ACCOUNTS AND REPORTS :—Every person or ' cprporation operating a public utility within the city limits, g whether under a grant heretofore or hereafter obtained, shall ! keep and maintain at some place within the city suitable and i - complete books of accounts, showing in detail the assets, financial sich utility which are usually shown by a complete system of bookkeeping. ! : SR S jo- It shall - be the duty of each . such person ! or cor. . paration to furnish ‘' the city “commission :.such . informa- . ation about its affairs as the commission may demand; and the commiksion; oF its authorized: represéntative,ishall at any -aid all redsonable times have access to all the books; records and mpers of each and every such person or corporation, with privi- e of taking ‘copies of same or any part thereof. 5 ; =3 The duties herein prescribed may be specifically.enforced by appropriate legal proceedings; and in addition, each person or corporation, for failure to comply with the provisions of this section, shall be liable to the City of Bemidji,"Minnesota, in the sam of twenty-five dollars per day for each day of such.failure, to be recovered in a civil action in the name of the city. i The provisions of this sectian do not apply to any utility extending in its operations to other communities not properly saburban to'the City of Bemidji, Minnesota, but the city com- mission by ordinance may make the same, or any part thereof, ap- plicable to the portion of any such utility operated within the limits of the city. . 2 Sec. 75. GENERAL PROVISION :—Nothing in this char- tér.contained shall operate in any way, except as herein specific- ally stated, to limit-the city commission in the exercise of any of its lawful powers respecting public utilities, or to prohibit the city commission from imposing in any such grant such fur- ‘ther restrictions and provisions as it may deem to be in the publie § interest, provided only ‘that the same are not inconsistent with % the provisions of this charter or the constitution of the State. ¥ i L ! i i Miscellaneous Provisions i Sec. 76. MUNICIPAL COURT:—The Municipal Court a8 now organized and existing shall -continue -and- such court and all matters pertdining thereto shall be gov- erned by the general statutes of the state in effect January 1, 1919 <or that may be - thereafter enacted which are applicable thereto. = The present judge of the Municipal Court shall continue to serve until his succes- gor, elected in accordance with the provisions of -this charter * pertaining to regular city elections, shall have been elected and ~#hall have qualified. Sec. 77. GENERAL LAWS TO APPLY:—All general slaws of the state applicable to municipal corporations, now or :%ereafber enacted, and which are not in conflict with provisions | rfld this charter, or with ordinances or resolutions hereafter enact- “'s@ by the city commission, shall be applicable. to the city; pro- vided, however, that nothing contained in this charter shall be construed as limiting the power of the city commission to en- act any ordinance or resolution not in conflict with the consti- tution of the state or with the express provisions of this charter. Sec. 78. ORDINANCES CONTINUED IN FORCE:—All ordinances and resolutions in force at the time of the taking effect £of this charter, not inconsistent with its provisions, shall con- tinue in full force and effect until amended or repealed. ‘Sec. 79. CONTINUANCE OF PRESENT OFFICERS:— ‘All persons holding office at the time this charter is adopted shall continue in office and in {he performannce of their duties d or prosecutéd directly or indirectly by the grantee of any suchi jon, obligations, gross revenue, net profits and all theoperations off ¢ PAGE SEVEN until provision shall have been otherwise made in accordance Dated at Bemidji, Minnesota, this 20th day of January, with this charter for the performance or discontinuance of the|A. D, 1919. / i duties of any such office. When such provision shall have been C. W. VANDERSLUIS, Chairman. made the term of any such officer shall expire, and the office be F. 8. LYCAN, deemed abolished. The powers which are conferred, and the duties B. W, LAKIN, which are imposed upon any officer, board or department of the city under the laws of the state, or under any city ordinance or contract in force at the time of the taking effect of this act shall, it such office or department is abolished by this charter, be there- after exercised and discharged by the commission, officer, board or department upon whom are imposed corresponding functions, powers and duties by this charter or by any ordinance or resolu- tion of the city hereafter enacted. g . Sec. 80. CONTINUANCE OF CONTRACTS AND VEST- ED RIGHTS :—All vested rights of the city shall continue to be vested and shall not in any manner be affected by the adoption P Write today of this charter; nor shall any right or liability, or pending suit N e om oy Sully fllus, or prosecution, either in behalf of or against the city, be in any and itar:reatmognt.etlgll‘s Froor manner affected by the adoption of this charter, unless other- ety AvacS B ‘MINNEABOLLS, MINN. wise herein expressly provided to the contrary. All contracts| B = ] ? entered into by the city or for its benefit prior to the taking| —04m—m—m———om—117—"800—"&/"¢Y\Y--—"———">—+—+ effect of this charter shall continue in full force and effect. All public work begun prior to the taking effect of this charter shall be continued and perfected hereunder. Public improve ments for which legislative steps shall have been taken under laws in force at the time this = charter takes effect may be carried to completion in accordance with the pro- visions of such laws. ' Sec. 81. INVESTIGATIONS :—The city commission, or any committee thereof, the city manager and any advisory board ap- pointed by the commission for such purpose, shall have power at any time to cause the affairs of any department or the conduct of .any officer or employe to be investigated; and for such pur- pose shall have power to compel the attendance of witnesses and the production of books, papers and other evidence; and for that purpose may issue subpoenas or attachments which shall be signed by the president or chairman of the body or by the officer making the investigation, and shall be served by any officer au- thorized by law to serve such process. The authority making such investigation shall also-have power to cause the testimony to je given under oath to be ddministered by some officer au- thorized by general law to administer oaths; and shall also have power to punish as for contempt any person refusing to testity to any fact within his knowledge, or to produce any books, or papers under his control, relating to the matter under investiga- SHIP YOUR Hides, Furs, Wool, Sheep Pelts and Bee Wax and Tallow 4 K To NORTHERN HIDE & FUR COMPANY 118 Belt. Ave. Bemidji, Minnesota For Quick Returns and Highest Cash Market Prices Special Map Coupon Bemidji Pioneer Pub. Co. Bemidji, Minn, Gentlemen: Enclosed find $2.50 to pay for the Daily Pionger for six months and 82 cents for which send me one ot your latest State, United States and Wir Zone maps, a combination of “three in one” map hangers. “Sec. 82. OATH OF OFFICE:—All officers before taking NAR. o csienaes o s Taaevissarmmse s aisis office shall take oath of office prescribed by -General Statutes of the State, but the oath ef office of city commissioner shall-be in writing and be filed with the city clerk and shall contain the as- sertion that in his candidacy for nomination and election he has not violated any provision of section three of this charter, Sec. 83. . FIRST . ELECTION :—In- order -that-theprovi- gions of this charter may be put into full force and effect from and| m _ 1 after July: 1,:1919, five city cmpmissioners shall be elected om 0““ GUAI_ STOBK N A the 3rd day of May 1919, in accordance with Sections 43, 44 and Bl Sr bbbt e oT : For Stoves and Furnaces 45 of this charter. 1 e ;..The. three. commissioners. receiving ‘the highest vote shall Anthracite, Nut, Stove, Egg and Buckwheat hold: office’until Junvary 2nd; 1923, and two' commissioners|: receiving the-lowest vote ghall‘lh‘old o{f_ice ’ugltil January 2nd Pocohontas and Anthracite Briquettes Hocking Screened Lump West, Virginia Splint of & section is wholly ‘or necessarily dependent for its operation| ~Youghiogheny Lump and Stove upon _the section or part of a section so held unconstitutional or Coke—-—Nut, Stove and Egg Sizes invalid. i Sec. 86. WHEN CHARTER TAKES EFFECT :—For the "L purpose of nominating and electing officers and all purposes s connected therewith and for the purpose of exercigsing the powers OUR COKE IS THE CLEANEST AND of the city as provided:herein, this charter shall take effect from HOTTEST FUEL OBTAINABLE the time of its approval by the eledtors of the city. For the pu [ o Retail Lumber Co. of establishing departments, divisions and officers, and distribut- ; ing’ the” functions, theréof, and ifor ' all other purposes it} 'Phone 100 ! T T T TN shall take effect.on the 1st day of July 1919. - H P STATE OF MINNESOTA. - " l alre ¥ % ‘Secy84./i BAVINGICLAUSE:—If any section :or part of a section of this charter proved t be invalid or unconstitutional, the same shall not be held to invalidate or impair the validity, force or effect of any other section or part of a wection of this| charter, unless it clearly appearss that such other section or part; —— — County of Beltrami 88, City of Bemidji Certificate of Commission WHEREAS, the Honorable C. W. Stanton, W. 8. McClena- han and B. F. Wright, Judges of the District Court in and for the Fifteenth Judicial District’of Minnesota, did, on the 21st day of March, 1918, duly make and file their order, under and pur- suant to Section 36 of Article 4 of the Constitution of the State of Minnesota and Section 1343 of the Revised Laws of Minne- sota for 1913, and acts amendatory thereof and supplemental thereto, appointing as a Board of Freeholders to frame and sub-| mit a Charter for the City of Bemidji;, Beltrami County, Minne- sota, for its own Government; the following named voters and freeholders of the said City of Bemidji towit: C. W. Vandersluis, G. D. Backus, H. M. Clark, H. C. Baer, A. P. White, F. 8. Lycan, F. W. Rhoda, A. G. Wedge, M. J. Brown, J. W. Smith, Isadore Joanis, J. P. Lahr, B. W. Lakin, A. L. Molander and P. J. Russell. WHEREAS, on the 17th day of December, 1918, all of the persons appointed as aforesaid did-duly qualify as members of said Board of Freeholders in the manner and form prescribed by law, = y WHEREAS, the persons aforesaid did, on the 17th day of December, 1918, effect a permanent organization of the said Board of Freeholders, with C. W. Vandersluis as Chairman and F. W. Rhoda as Secretary, and thereafter the said Board of Freeholders did duly frame, prepare and adopt a proposed char- ter for the said City of Bemidji, of which the foregoing document composed of Eighty-six'(86) sections, numbered from One (1) to Eighty-six (86) inclusive, is a draft. salesman will gladly call with samples. NOW, THEREFORE, We, the undersigned, comprising a majority of the said Board of Frecholders, under and pursuant to the power conferred upon us as aforesaid, do hereby sign the P ioneer Stationel‘y StOl“e said draft of a proposed Charter for the said City of Bemidji, and do hereby deliver the same to the Honorable C. W. Vander- READ THE PIONEER WANT ADS sluis, Mayor of the City of Bemidji to be submitted in the manner prescribed by law. T A B B PP P PP AN The Carbon- Paper T'hat Gives Satisfaction Perfect Carbon Copies To obtain perfect carbon copies use MULTIKOPY; it will give clear, clean-cut, and legible copies that will reflect the per- fection of your original letters. Let us know your requirements and our