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An Ordinance

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The Common Counoü of the City of Aun Arbor ordaiu : Section 1. That the New State Telephone Company, a ooiporation organized under the Laws of the State of JVIiobigau, be aud hereby is liceusedand given perruission and anthority to oonstrnct and rnaintain in the City of Aun Arbor au electrio telephone exchange and for tbis purpose to ereot, maintaiu, opérate and nse in the public streets, avenues and alleys of said city necessary poles, masts, wires and other apparatus, and to rent and collect rent there for telephones, subject however, to the conditions and limitations in this ordinance container!. Section 2. All poles, masts and wires shall be placed and erected under supervisión of the board of publio works of the City of Ann Arbor, whose duty it shall be to see that sucb poles, masts and wires are erected and constructed and rnaintained in snch rnanner as not to annoy or interfere unnecessarily with the owners or occupants of property in said city, or with sbade trees, and in snch rnanner as not to interfere with the traffic upon the streets, avennes and alleys of said city. Seotion 3. Whenever said New State Telephone Company, or its soccessor or assiyns, sball propose to enter npon 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, avenne ot alley, and five days previous totheerection of any pole or mast or the stringiiig 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 worke shall have the right, and it sball be the dnty of said board to prescribe such reasonable regulations and rules for the setting of any such posts, poles or masts and the stringing of wires in eaid street, avenue or ajley, and conoerning the digging up of said street, avenue or alley aud the restoring of the surface of the same, as it shall deern proper aud necessary. Such uotice to the board shall be in writiug, and shall desígnate tbe street, avenne or alley proposed to be entered upon and the distance therein by blocks that it is proposed to erect poles, masts or other eleotrio apparatue, and as nearly as possible the places in said streets, avenues, or alleys wbere it is proposed to set or erect posts, poles or masts. The rules and regulations made by said board concerning the erection of suoh poles, masts and wires, shall be by resolution and eutered upou its minutes. Section 4. Wood or iron poles or masts may be used. If wood, tbe poles or masts shall be reasonably straight and sbaved and painted the entire length thereof, 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 snch poles, posts or masts shall be placed between the ourb and the sidewalk, and upon all parked streets said pules, posts or masts shall be placed in line with shade trees upon said parking, except where such position is occupied by poles not belonging to The New State Telephone Company. All wires shall be strung at least twenty feet from the surface of the ground except when entering buildings. Plant, wires, insulators and all apparatts shall be modern and firstolass in every respect. No wire or wires shall be attaohed to buildings except by consent of the owner. Seotion 5. All poles, posts and masts ereoted under this ordinance shall be subjeot to, and this ordinanoe is granted expressly upon condition that the oity may use the top twenty-four inches of any and all of said poles, posts or masts for the purpose of stringing thereon and supporting electric Wires for flre alarm and pólice poses, witbout charge to said city and without compensation to eaid New State Telephone Cornpany, or its successor or assigus and said New State Telepbone Cornpany shall leave the top twenty-four iuches of each pole vaoaut. Snch use of said poles, posts or masts to be in all cases without interference with the carryiDg on of thu business of said New State Telephone Company or its assigns. Section 6. Tbe said New State Telephoue Gompany and its successors and assigus, shall at all times furuish to the City of Ann Arbor, free, and without cost to said City, ten telephones and ten other telephones at half the regular cost of same to said City for official use and fire protection with the necessary and proper service, said telephoues to be placed in such offices aud places as ths Common Counoil shall by resolutiou direct. If more than said twenty tülephones are required by the said City at any time, the price charged said City for any number of telephoues in excess of twenty shall be oue-balf the price flxed 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, vehenever required so to do by resolntion of the Common Council. Provided, That if any or all of said twenty telephones shall be moved as aforesaid more than once in each year the City of Aun Arbor shall pay to the New State Telepbone Company the actual cost of reruoval. Section 7. The maximum rates or rentáis to be charged by said New State Telephone Company for its telephones, inoluding all service except out of town messages, sball be: For telephoues used in business places or offices, twenty-four dollars per annum ; and for telephones used in residences, eighteen dollars per annum. Tbe rentáis herein prescribed may be oolleoted by said tolephone company quarterly in advance. Section 8. Said New State Telephone Company shall, before beginning tbe construction and erection of its plant in the oity of Ann Arbor, deposit with the city clerk of said city a bond "in a surn of two thousand five hundred dollars", satisfactory to the Common Conncil, conditioned to save said city narmless from any liability or expense of any nature for or on account of any claim or claims, suits or actions gainst said city growing out of or based upon any carelessness or negligence of auy of tbe officers, agents or employees of said New State Telephone Company on the erection or operation of its said plant or exchange. Seotion 9. The right is reserved to arnend or alter this ordinance at any time and to make such other and further rules and regulations as public convenience or neoessity may require concerning the extensión, operation or constrnction of the plant aud aparatus of the said New State Telephone Company, its sucoessors or assigns, and if said New State Telephoue Company shall at any time fail to comply with any of the conditions of tbis 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 comply with any amendment to tbis ordinance or any further rule or regulation of the Common Conncil conoerning the extensión, operation or coastruction of the plant and apparatus of the said New State Tlephone Company, "the commou oounoil, by a two-thirds vote of its members elect, may declare this ordinanoe to be void and all rights of the said New State Telephone Company, its successors or as3igns, to be forfeited, and may require the said New State Telephone Company, its successors or assigns, in a proper manner to remove its poles, pósts, masts and wires from any street, avenue or alley of said city, and opon the failure of said company after sixty days notice to so remove any such poles, posts, masts or wires upon the direciton of the Common Conncil to remove the same at the expense of tbe said New State Telephone Company, its successors or assigns: Provided, Tbat no regulation 6hall be made hereafter by tbe Common Council or the board ot publio works uuder this section, tbat does not also apply to all other telephoue companies operating within the city limits. Section 10. In case said New State Telephoue Company shonld consolídate with any other person, company or corporation tben 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 flsobauge in the oity of Ypsilanti, said company shall furnitsh communication between subscribers in Ann Arbor and subscribers in Ypsilanti without extra charge. Whenevor said company shall extend its lines to Detroit it shall furnish communication between Ann Arbor and Detroit for ten oents for the privilege of talking over said line for five minutes. Seotion 12. Tbis ordinance shall not become operative unless: First, the said New State Telephone Company shall witbin the same time file with tbe Common Council of the city tbe acceptance of said New State Telephone Company of this ordinance, to be sbown by resolution of its board of directors. It shall within thirty days, after two hundred and seventy five subscribers have been secured, have provided material for and begun tbe construotion of a plant, polee, wires and other apparatus. It shall at the time of filing its acoeptanee of this ordinauce as provided, also file with the Common Conncil the bond provided for in section 8 of this ordinance. Passed in Common Council this 3d day of May, A. D. 1897. Glen V. Mills, City Clerk. Approved this 7th day of May, A. D. 1897. Mayor.


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