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<br />I
<br />
<br />-OMMUNlCATIONS
<br />
<br />
<br />I effective June J,
<br />
<br />I
<br />
<br />was a revisor's instnu:tion
<br />I', ambiguous, omitJed and
<br />lnd text.
<br />
<br />I
<br />
<br />lines into or through
<br />I ervice only, subject to
<br />to the location of the
<br />}nvenient use of such
<br />
<br />,}, § 23.
<br />
<br />I ughs" into tbe term "cities"
<br />,f the term "statutory cities"
<br />'f "borougbs",
<br />
<br />ment deleted a proviso rt:-"
<br />I ! of public convenience {or
<br />cd service between commu·
<br />hen served by another com.
<br />
<br />I
<br />
<br />ng license, permit, or
<br />I ws 1915, chapter 152,1
<br />with the clerk of the
<br />!n declaration that it
<br />:ive in lieu thereof, an
<br />I mch telephone compa·
<br />erms, conditions, and
<br />.ion shall be deemed a
<br />1st upon the fulfi})ment
<br />~ into relating to any
<br />'y this chapter. Upon
<br />I pany, the clerk of the
<br />~ showing that fact and
<br />'terminate permit from
<br />I ally granted under this
<br />
<br />23.
<br />~ effect and be in force from
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<br />I
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<br />TELEPHONE AND TELEGRAPH COMPANIES
<br />
<br />§ 237'.19
<br />
<br />and after July 1st, 1915," See, now, sections 237.01 to 237.46,
<br />
<br />Historical and Statutory Notes
<br />service" or "department" for "railroad and
<br />warehouse commission" or "commission"
<br />wherever they appear referring 10 1I1e former
<br />railroad and warehouse commission.
<br />Laws 1980, c. 614, § 123, directed 1I1e revisor
<br />of statutes to substitute "commission" for "de·
<br />partment" wherever it appeared in this section.
<br />
<br />Derlvadon:
<br />
<br />St.l927, § 5301.
<br />Gen.St.1923. § 5301-
<br />Laws 1915, c, 152, § 15,
<br />
<br />Laws 1971, c. 25, § 67, instructed the revisor
<br />of statutes to substitute "department of public
<br />
<br />Telecommunications -75.
<br />WESTLAW Topic No. 372,
<br />
<br />Ubrary References
<br />CJ.S. Telegraphs, Telephones, Radio, and
<br />Television § 20 et seq.
<br />
<br />tnnstruct10n and appUcatton t
<br />
<br />Notes of Decisions
<br />
<br />Where city in 1909 granted 30 year franchise
<br />to telephone company, regardless of effect of
<br />act of telephone company in renouncing fran·
<br />chise and receiving in Ueu thereof an indeter-
<br />minate permit from Railroad and Warehouse
<br />Commission. city was barred by limitation
<br />from enforcing in 1948. an agreement con-
<br />tained in franchise relative to furnishing city
<br />with free Íelephone service. Op.Atty.Gen.,
<br />98-A-17, May 7. 1948.
<br />
<br />1. CømlrUettoD and application
<br />
<br />Under statute no private rrOPrietæy right
<br />vested in a village by terms 0 franchise issued
<br />by its council was impaired by written dedara-
<br />tion Qf surrender tendered by telephone com·
<br />pany 10 village clerk for ft1ing pursuant to
<br />§ 15, State v. Holm, 1917, 138 Minn. 281. 164
<br />N,W.989.
<br />
<br />237.J9. Municipalities may provide teJecommUDiQtloD& services
<br />
<br />Any municipality shall have the right to own and operate a telephone
<br />exchange within its own borders, subject to the provisions of this chapter. It
<br />may "construct such plant, or purchase an existing plant by agreement with
<br />the owner, or where it cannot agree with the owner on price, it may acquire
<br />an existing plant by condemnation, as hereinafter provided. but in no case
<br />shall a municipality construct or purchase such a plant or proçeed to acquire
<br />an existing plant by condemnation until such action by it is authorized by a
<br />majority of the electors voting upon the proposition at a general election or a
<br />special election called for that purpose, and if the proposal is to construct a
<br />new exchange where an exchange already exists, it shall not be authorized to
<br />do so unless 65 percent of those voting thereon vote in favor of the undertak-
<br />ing, A municipality that owns and operates a telephone exchange may enter
<br />into a joint venture as a partner or shareholder with a telecommunications
<br />organization to provide telecommunications services within its service area.
<br />Amended by Laws 1991, c. 79, § 1, eff. May 14, 1991.
<br />
<br />Ðertvatlou:
<br />SI.1927. § 5302.
<br />Gen.st.1923, § 5302.
<br />Laws 1915, c. 152, § 16.
<br />
<br />Historical and Statutory Notes
<br />
<br />The 1991 amendment added the sentence
<br />áuthorWng joint ventures between muni~jpali.
<br />ties that own and operate a telephone exchange
<br />and telecommunications organizations.
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<br />133
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