municipality as shall be reasonable and necessary in the interest of "(3) To provide for a penalty for non-compliance with the provisions of any ordinance or resolution adopted pursuant to the provisions hereof. "(4) The power and authority granted in this section shall exist and be vested in said municipalities, anything in sections 1797m1 to 1797m-109, inclusive, to the contrary notwithstanding." Same, § 1797m-87. The above except the first provisions referred to may apply to telephone, not to telegraph companies; § 1753-15 applies to both. See, also, heading, "INDETERMINATE PERMIT," following. 24. INDETERMINATE PERMIT - AND PURCHASE BY MUNICIPALITY. (Wis.) For a provision giving the commission authority as to the valuation of California. property of utilities in condemnation proceedings by municipalities, see Stats. 1913, c. 339, § 1. "The term 'indeterminate permit' as used in this act shall mean and include every grant, directly or indirectly, from the state to any corporation, company, individual, association of individuals, their lessces, trustees or receivers appointed by any court whatsoever, of power, right or privilege to own, operate, manage or control any plant or equipment, or any part of a plant or equipment, within this state, for the production, transmission, delivery or furnishing of heat, light, water or power, either directly or indirectly, to or for the public, or for the transportation by a street railway or interurban of passengers or property between points within this state, or for the furnishing of facilities for the transmission of intelligence by electricity between points within this state, which shall continue in force until such time as the municipality shall exercise its option to purchase, as provided in this act, or until it shall be otherwise terminated according to law. Acts 1913, c. 76, § 1. "No municipality shall hereafter construct any such plant or equipment where there is in operation in such municipality a public utility engaged in similar service under an indeterminate permit as provided in this act without first securing from the commission a declaration after a public hearing of all parties interested, that public convenience and necessity require such municipal utility. But nothing in this section shall be construed as preventing a municipality acquiring any existing plant by purchase or by condemnation as hereinafter provided." Same, § 98. "Every license, permit or franchise hereafter granted to any public utility shall have the effect of an indeterminate permit subject to the provisions of this act, and subject to the provision that the license, franchise or permit may be revoked by the commission for cause or that the municipality in which the major part of its property Indiana. (Ind.) is situated may purchase the property of such public utility actually used and useful for the convenience of the public at any time as provided herein, paying therefor the then value of such property as determined by the commission and according to the terms and conditions fixed by said commission, subject to all the provisions as to hearings and appeals set out in section one hundred and five (105) and section one hundred and six (106) hereof. Any such municipality is authorized to purchase such property and every such public utility is required to sell such property at the value and according to the terms and conditions determined by the commission as herein provided. If this act should be repealed or annulled then all such indeterminate franchises, permits or grants shall cease and become inoperative and in place thereof such utility shall be reinstated in the possession and enjoyment of the license, permit or franchise surrendered by such utility at the time of the issue of the indeterminate franchise, permit or grant; but in no event shall such reinstated license, permit or franchise be terminated within a less period than five years from the date of the repeal or annulment of this act." Same, $100. 'Any public utility operating under an existing license, permit or franchise shall, upon filing at any time prior to the expiration of such license, permit or franchise and prior to July 1, 1915, with the clerk of the municipality which granted such franchise and with the commission, a written declaration, legally executed, that it surrenders such license, permit or franchise, receive by operation of law, in lieu thereof an indeterminate permit as provided in this act; and such public utility shall hold such permit under all the terms, conditions and limitations of this act." Same, § 101. "Any public utility accepting or operating under any indeterminate license, permit or franchise hereafter granted shall by acceptance of any such indeterminate license, permit or franchise be deemed to have consented to a future purchase of its property by the municipality in which the major part of it is situate at the value and under the terms and conditions determined by the commission as provided in this act, and shall thereby be deemed to have waived the right of requiring the necessity of such taking to be established by the verdict of a jury, and to have waived all other remedies and rights relative to condemnation, except such rights and remedies as are provided in this act and shall have been deemed to have consented to the revocation of its license, permit or franchise by the commission for cause." Same, § 102. "Any municipality shall have the power, subject to the provisions of this act, to construct and operate a public utility or any part thereof. Any municipality shall have the power, subject to the provisions of this act, to purchase by an agreement with any public utility any part of any plant, provided that such purchase and the terms thereof shall be approved by the commission after a hearing as provided in this act. Any municipality shall have the power, subject to the provisions of this act to acquire by condemnation the property of any public utility actually used and useful for the convenience of the public then operating under a license, permit or franchise existing at the time this act takes effect or operating in such municipality without any permit or franchise. Any municipality owning or operating a public utility shall not sell or lease the same without the approval of the commission after a hearing." Same, $103. "If the municipality shall have determined to acquire an existing plant then operating under a license, permit or franchise existing at the time this act takes effect, such municipality shall bring an action in the circuit or superior court of the county where such utility has its principal place of business against the public utility as defendant praying the court for an adjudication as to the necessity of such taking by the municipality. The public utility shall file its answer to such complaint within ten (10) days. Unless the parties thereto waive a jury, the question as to the necessity of the taking of such property by the municipality shall be as speedily as possible submitted to a jury." Same, § 104. "The commission shall thereupon proceed to set a time and place for a public hearing upon the matters of the just compensation to be paid for the taking of the property of such public utility actually used and useful for the convenience of the public, and of all other terms and conditions of the purchase and sale and shall give to the municipality and the public utility interested, not less than thirty (30) days' notice of the time and place when and where such hearing will be held, and such matters considered and determined, and shall give like notice to all bondholders, mortgagees, lienors and all other persons having or claiming to have any interest in such public utility by publication of such notice, once a week for not less than three (3) successive weeks, in at least one (1) newspaper of general circulation printed in the English language and published in the county in which such public utility is located, which publication shall be caused to be made by the municipality. Within a reasonable time, not exceeding one (1) year after the time fixed for such hearing in such notice, the commission shall, by order, fix and determine and certify to the municipal council, to the public utility and to any bondholder, mortgagee, lienor or other creditor appearing upon such hearing, just compensation to be paid for the taking of the property of such public utility actually used and useful for the convenience of the public and all other terms and all conditions of sale and purchase which it shall ascertain to be reasonable, allowing not exceeding one hundred twenty days (120) for the payment of such compensation. The compensation and other terms and conditions of sale and purchase thus certified by the commission shall constitute the compensation and terms and conditions to be paid, followed and observed in the purchase of such plant from such public utility. Upon the filing of such certificate with the clerk of such municipality and pay. ment of the compensation fixed the exclusive use of the property taken shall vest in such municipality." Same, § 105. "Any public utility or the municipality or any bondholder, mortgagee, lienor or other creditor of the public utility being dissatisfied with such order, may commence and prosecute an action in the circuit or superior court and thereafter may appeal to the supreme court to vacate or set aside such order or any part thereof, as provided in sections 78 to 86 inclusive, and said sections, so far as applicable shall apply to such action. In all such appeals to the circuit or superior court, the question of compensation shall be tried and fixed by the court without a jury." Same, § 106. "If the plaintiff shall not establish to the full satisfaction of the court that the compensation fixed and determined in such order is unlawful or that some of the terms or conditions fixed and determined therein are in some particulars unreasonable, the compensation, terms and conditions fixed in said order shall be the compensation, (Ind.) (Ind.) Wisconsin. terms and conditions to be paid, followed and observed in the purchase of said plant from such public utility." Same, § 107. "If the plaintiff shall establish to the satisfaction of the court, and the court shall adjudge that such compensation is unlawful or that some of such terms or conditions are unreasonable, the court shall remand the same to the commission with such findings of facts and conclusions of law as shall set forth in detail the reasons for such judgment and the specific particulars in which such order of the commission is adjudged to be unreasonable or unlawful." Same, § 108. "If the compensation fixed by the previous order of the commission be adjudged to be unlawful, the commission shall forthwith proceed to set a rehearing for the redetermination of such compensation as in the first instance. The commission shall forthwith otherwise alter and amend such previous order with or without a rehearing, as it may deem necessary, so that the same shall be reasonable and lawful in every particular." Same, § 109. For a definition of "indeterminate permit," see Stats, 1911, § 1797m-1. "Every license, permit or franchise hereafter granted to any public utility shall have the effect of an indeterminate permit subject to the provisions of sections 1797m-1 to 1797m-109, inclusive, and subject to the provision that the municipality in which the major part of its property is situate may purchase the property of such public utility actually used and useful for the convenience of the public at any time as provided herein, paying therefor just compensation to be determined by the commission and according to the terms and conditions fixed by said commission. Any such municipality is authorized to purchase such property and every such public utility is required to sell such property at the value and according to the terms and conditions determined by the commission as herein provided." Same, § 1797m-76. *** "Every license, permit, or franchise granted prior to July 11, 1907, by the state or by the common council, the board of aldermen the board of trustees, the town or village board, or any other governing body of any town, village, or city, to any corporation, company, individual, association of individuals, their lessees, trustees, or receivers appointed by any court whatsoever, authorizing and empowering such grantee or grantees to own, operate, manage, or control any plant or equipment, or any part of a plant or equipment within this state, for the conveyance of telephone messages, either directly or indirectly, to or for the public, is so altered and amended as to constitute and to be an 'indeterminate permit' within the terms and meaning of sections 1797m-1 to 1797m-108, inclusive, *** and shall have the same force and effect as a license, permit, or franchise granted after July 11, 1907, to any public utility embraced in and subject to the provisions of said sections 1797m-1 to 1797m-108, inclusive, except as provided by section 1797m-80." Same, 1797m-77. "No franchise surrendered by any corporation of this state in the manner, and within the time, provided by section 1797m-77, and no indeterminate permit shall be declared invalid by reason of any defect, irregularity, or invalidity in such franchise or permit, provided that such franchises or permits shall not have been obtained by fraud, bribery, or corrupt practices; that when the same was granted no officer of the municipality granting the same was directly or indirectly interested in such franchise or permit or in the corpora tion obtaining same; that the corporation having the same shall have prior to the surrendering of said franchise or the beginning of its public service under said permit, in good faith purchased or constructed any waterworks, gas or electric light plant, or other public utility or any part thereof by such franchise authorized; and that said corporation in obtaining such franchise or permit shall have made substantial compliance with the requirements provided by law for the obtaining of said franchise or permit; and subject to the foregoing exceptions, every such franchise and permit is hereby legalized and confirmed." Same, § 1797m-77m, as am'd 1913, c. 552. "Any public utility accepting or operating under any license, permit or franchise hereafter granted shall, by acceptance of any such indeterminate permit be deemed to have consented to a future purchase of its property actually used and useful for the convenience of the public by the municipality in which the major part of it is situate for the compensation and under the terms and conditions determined by the commission, and shall thereby be deemed to have waived the right of requiring the necessity of such taking to be established by the verdict of a jury, and to have waived all other remedies and rights relative to condemnation, except such rights and remedies as are provided in sections 1797m-1 to 1797m-109, inclusive." Same, § 1797m-78. "2. Any municipality shall have the power, subject to the provisions of sections 1797m-1 to 1797m-109, inclusive, to purchase by an agreement with any public utility any part of any plant; provided, that such purchase and the terms thereof shall be approved by the commission after a hearing as provided in sections 1797m-81 and 1797m-82. "3. Any municipality shall have the power, subject to the provisions of sections 1797m-1 to 1797m-109, inclusive, to acquire by condemnation the property of any public utility actually used and useful for the convenience of the public then operating under a license, permit or franchise existing at the time sections 1797m-1 to 1797m109, inclusive, take effect, or operating in such municipality without any permit or franchise. 4. Any municipality shall have the power, subject to the provisions of sections 1797m-1 to 1797m-109, inclusive, to acquire by purchase as provided in sections 1797m-1 to 1797m-109, inclusive, the property of any public utility actually used and useful for the convenience of the public operating under any indeterminate permit as provided herein." Same, § 1797m-79. "If the municipality shall have determined to acquire an existing plant then operated under an indeterminate permit provided in section 1797m-77, by a vote of a majority of the electors voting thereon at any general, municipal, or special election at which the question of the purchase of such plant shall have been submitted, such municipality shall bring an action in the circuit court against the public utility as defendant praying the court for an adjudication as to the necessity of such taking by the municipality, in which action the complaint shall be served with the summons. The public utility shall serve and file its answer to such complaint within ten days after the service thereof, whereupon such action shall be at issue and stand ready for trial upon ten days' notice by either party. Unless the parties thereto waive a jury, the question as to the necessity of the taking of such property by the municipality shall be as speedily as possible submitted to a jury." Same, § 1797m-80. (Wis.) |