An Ordinance

The Common Council of the City of Aun Arbor ordain : Section 1. That the New State Telephone Company, aooiporation organized under the Laws of the State of ftliohigan, be and hereby is licensedand given permission and autbority to construct and ïnaintain in the City of Ann Arbor an electrio telephone exohange and for this purpose to erect, maintain, opérate and use in the public streets, avenues and alleys of said city necessary poleB, masts, wires and other apparatus, and to rent and collect rent there for telephones, subject however, to the conditions and liwitations in this ordinance contained. Section 2. All poles, masts and wires shall be placed and erected under supervisión of the board of public works of the City of Ann Arbor, whose duty it shall be to see tbat such poles, masts and wires are erected and constrnoted and maintained in such manner as nol to annoy or interfere unnecessarily with the owuers or ocoupants of property in said city, or with shade trees, and in such manner as not to interfere with the traffic upon tbe streets, avenues and alleys of said oity. Section 3. Whenever said New State Telephone Company, or its soccessor or assigns, shall propose to enter upon any street, alley or avenue in said city for the purpose of erecting poles and masts therein and stringing wires therein, it shall, five days previous to the delivery of any poles in said street, avenue or alley, and five days pievious totheerection of any pole 01 mast or the stringing of any wire in said street, avenue or alley, give notice to the board of public works of its purpose and intention in this behalf ; and the board of public works shall have the right, and it sball be tbe duty of said board to prescribe sach reasonable regulations and rules for the setting of any such posts, poles or masts and tbe stringing of wires in baid street, avenue or ajley, and concerning the diggiug up of said street, avenue or alley and the restoring of the snrface of the same, as it shall deern proper aud necessary. Such notice to the board shall be in writing, and shall desígnate the Btreet, avenue or alley proposed to be entered upon and the distance therein by blocks that it is proposed to ereot poles, masts or otber eleotric apparatus, and as uearly as possible tJOe places in said streets, avenues, or alleys where it is proposed to set or erect posts, poles or masts. The rules and regulations made by said board ooncerning tbe erection of sucb poles, manta and wires, fihall be by resolution and entered upon its minutes. Section 4. Wood or iron poles or masts may be used. If wood, the poles or rnasts sball be reasonably straight and shaved and painted the entire length tbereof, and shall be set upright in the ground, and such may be hereafter provided for by a general ordinance affecting all such poles or masts within the City of Ann Arbor. On all paved streets such poles, posts or masts shall be placed between tbe ourb and the sidewalk, and upon all parked streets said pules, posts or masts shall be placed in line with shade trees upou said parking, except where snch position is occupied by poles not belonging to The New State Telephone Company. All wires shall be strung at least twenty ieet from the surface of the ground exoept when entering buildings. Plant, wires, insulators and all apparatt s s iall be modern and flrst olass in evary respect. No wire or wires shall be attaobed to buildings except by consent of the owner. Section 5. All poles, posts and masts ereoted under this ordinance shall be subject to, and this ordinanoe is granted expresely upon oondition that the city may use the top twenty-four inches of any and all of said poles, posts or masts for the pnrpose of stringing thereon and supporting electric wiies for flre alarm and pólice poses, without charge to said city aud without compensatíon to said New 1 Stare Telepbone Corupany, or its euccessor or assigns and taid New látate Telephone CorupaDy shall leave the top twenty-four iuches of each pole vacant. Such nse of eaid poles, posts or masts to be iu all cases without interference witb the carrying on of the business of said New State Telephone Corupany or ics assigns. Section 6. Tbe said New State Telephone Cornpany and its successors ant assigus, shall at all times furuish to the City of Ann Arbor, free, and without cost to said City, ten telephones aud ten other telephones at half tbe regular coat of game to said City for official use and flre protection with the necessary aud proper service, said telephoues to be placed in suoh offices aud places as tbe Corumon Council shall by resolution direct. If more than said tweuty telephones are required by the said City at any time, the prics charged said City for any number of telephones in excess of twenty shall be one-half the price fixed by this company for business places and no more. The said Company is required to move any or all of said twenty telephones free and without cost to said City, whenever required bo to do by resolution of tbe Common Council. Provided, Tbat if any or all of said twenty telepbones sball be moved as aforesaid more than once in each year the City of Aun Arbor shall pay to the New State Telephone Company tbe actual cost of removal. Seotion 7. The maximum rates or rentáis to be cbarged by said New State Telephone Company for its telepbones, inoluding all servioe except out of town messages, shall be: For telephones used in business places or offices, twenty-four dollars per annuin ; and for telephones used in residences, eigbteen dollars per annum. Tbe rentáis herein prescribed ruay be collected by said tolephoue company quarterly in advance. Seotion 8. Said New State Telephoue Compauy shall, before beginning the construction and erection of its plant in the city of Ann Arbor, deposit with the city olerk of said city a bond "in a sum of two thousand flve huudred dollars", satisfactory to the Common Council, conditioned to save said city narmless from any liability or expeDse of any nature for or on account of any claim or claims, suits or actions gaiust said city growing out of or based upon any carelessness or negligence of any of tbe officers, agents or employees of said New State Telephoue Company on the erection or operation of its said plant or exchange. Seotion 9. The right is reserved to araend or alter this ordinance at any time and to make such other and furtber rules and regulaticns as public convenience or neoessity may require concerning tbe extensión, operation or oonstruction of tbe plant and aparatus of the said New State Telephone Company, its successors or assigns, and if said New State Telephone Company sball at any time fail to comply with any of tbe conditions of this ordinance or any reasonable and proper regulation made by the board of public works as provided in this ordinance, or shall at any time neglect or refuse to oomply with any amendment to tbis ordinance or any further rule or regulation of the Common Council concerning the extensión, operation or oonstruction of the plant and apparatus of the said New State Tlephone Company, the common oouncil, by a twothiids vote of its members elect, may declare this ordinance to be void and all rights of the said New State Telephone Company, its successors or as3igos, to be forfeited, and may require tbe said New State Telephone Company, its successors or assigns, in a proper manner to remove its poles, posts, masts and wires from any street, avenue or alley of said city, and opon the failure of said compauy after sixty days notice to so remove any such pols, posts, masts or wires upon the direciton of the Common Conncil to remove the same at the expense of the said New State Telepbone Company, its successors or assigns: Provided, That no regulation shall be made hereafter by the Common Council or the board of publio works under tbis section, that does not also apply to all other telephoue companies operating within the city limits. Section 10. In case said New State Telephone Company should consolídate witb any other person, company or corporatiou then this franchise shall be and become nuil and void. Section 11. Whenever the New State Telephone Company shall extend its lines to and open an nxchauge in the city of Ypsilanti, said company shall furnish communication between subsciibers in Ann Arbor and subscribers n Ypsilanti without extra charge. Whenever said company shall extend its lines to Detroit it shall furnish commnnication between Ann Arbor and Detroit forten cents for the privilege of talking over said line for five minutes. Section 12. This ordinance shall not Decome operative unless: First, the said New State Telephone Company shall within the same time file with the Common Counoil of the city the acceptance of said New State'Telephone Company of this ordinance, to be shown by resolu;iou of its board of directors. It shall within thirty days, after two hnndred and seventy five subscribers have been secured, have provided material for and begnn tbe construotion of a plant, poles, wires and other apparatus. It sball at tbe time of filing its acceptance of tbis ordinauce as provided, also file with the Common Conncil tbe bond provided for in section 8 of tbis ordinance. Passed in Common Counoil this 3d day of May, A. D. 1897. City Clerk. Approved this 7th day of May, A. D. 1897. Mayor.