An Ordinance

The Common Council of the City of Ann Arbor ordain : Section I. The Mayor and the City Clerk are hereby authorized to enter into a contract for lighting tbe streets, alleys and public places of the City of Ann Arbor by electricity for a term of five (5) years froin January lst, 1896. with the Michigan Electric Company, of Detroit, Michigan, its successors and assigns. Section II. Such contract shall be in the words and figures following: Witnesseth as follows, the said Company, party of the first part, its successors and assigns, in consideration of the agreement herein contained, and on the part of the said City to be done, paid and performed, do hereby promise and agree for itself, its sucessors and assigns, to and with the said City, to erect, keep and maintain in good running order for the full period of five (5) years from, and after the first day of January, A. D. 1896. in the streets and public places of the City of Ann Arbor, not less than ninety-six '(96) are lights taking not less than 9.6 amperes of current and from forty-six (46) to lifty (50) volts bet ween the carbons of eaeh lamp. and so many sixty-five (60) caudle power incandescent laraps as the Common ( 'cuncil or its Lighting Commitee may order, for at least two hundred and sixty-livc i_'i."i nig-hts in theyear, lighted froin dusk until 12:30 A. M. o'clock, local time, of each of the said nights during the life of thi.s contract, omiting moon-light nights, aecording to the Philudelphia standard of lighting, and on such other nights during the term of this contract as the said Electric Company shall or may be thereunto requested by the Common Council of the said City tr its duly authorized committee, and said Electric Company agrees that it will keep and maintain all such lamps lighted at such other times as the Common Council or its duly authorized committee shall or may direct, at the terms and price hereinafter agreed upon, provided, that notice of unusual lighting shall be given by said Council or its said Committee to the said Electric Company, or to the person in charge of its work, at least one-half hour before such extra Lighting shall or may be required. All of said lamps, poies and wires for the lighting circuits shall be located in such streets and at such poin,ts in the City of Ann Arbor and in sueh manner, and the lamps at such height above the streets, as the Common Council or its lighting committee shall or may direct, provided, that after lamps. poles and wires are located, if the Common Council shall order lamps. poles or wires moved to other localities, the same shall be done by the party of the first part, the Michigan Electric Company, its successors and assigns, the party of the seeond part, the City, to pay the actual cost of"such chango. The said Electric Company, its sucessors and assigns agrees to re-locate any of its said lamps or poles or apparatus at the request of the Common Council of the said City as soon thereafter as practicable after notice. The party of the first part, its successors and. assigns, agrees to use only the regular standard carbons of the best quality. Provided, however, that cored carbons shall not be required. The party of the first part, its successors and assigns. agrees that in case any of the said lamps erectsd and maintained under this contract shall go out and not burn on any of the nights stipulated in this contract to be lighted. the same shall constitute a charge against said Company, its successors and assigns, and be deNicted from the amount to be paid for lighting at the same rate as hereinafter charged for extra lighting. The party of the first part, its sucessors and assigns, aggrees that if the said City shall at any time direct additional lights to be erected that it will, after notice thereof within a reasonable time, erect and establish all such additional lights at such place or places in said City as shall or may be designated by the Common Council. and all such additional lights shall therefrom and thereafter be subject to all the provisions of this contract relating ,o the said are or incandescent lamps, as the case may be, as aforesaid, provided, however, that nolamps shall be ordered during the last year of this contract, unless with the consent of the party of the fivst part, its successors and assigns. Tne party of the first pai-t, its suoessors and assigns further agrees to paint all poles and put the same in as ffood eondition as the poles in use by the A nn Albor Thompson-Houston Electric Company at the time of entering into its contract. It is afreed between the parties, that should the party of the second part, the City, eoneluded by resolution of the Common Coundl, to change the time of lightin-; from dusk to daybreak. the party of the tirst part. itssucoeasoi 8 and assin, agrees ti furnish the Ught during the said time for two hundivd and aixty-flve (265) nights in the year at elgluy dollrs ($80j per are light, and forty-ont; dollars ($41) for each incandescent lijrht. The said City, in consideration f the foregoing agreement on the part of said Klectrio Company, its guocemon and aasigns, to be dona and performed, doth agree to take and use the aforesaid number of electric are and inoandescent lamps for the term of ftve years as atoreaaid. commencing as aforesaid, the Mme of llghting to bc from to 12:30 A. M. o'clcick. local time, and that it will pay to the saul Electric Company, its Bucceeaore and aesigns, ai the i-ate of sixty dollars (Í60) lamp per annura of two hundred and sixty-flve 2ii"i nlghtB for cach are lamp, and thirty-one dollars !■'! per annum for each incandescent lamp, to be pald in equal nionthly installments,and foreaeh additional lamp ordered u be operated frorn dusk until 1:'.H a. m. o'clook, looal ti:ne, the same i-ate por annum: and Eor each additiona! lamp ordered to be operated from dusk to daybreak following, at the rate of eighty dollars í?80 per annum. If. liinvever, less than the entire number of lamps are required by the City at any time when not required by the contract then they shall use not less than tvventy (20) and shall pay for same at the rate of lifty cents (50 cents) per night per lamp. It is further understood and agreed that in the absence of notiee of the termination of this contract at least sixty days prior to the expiration of the same, it shali at the option of the said electric company, it successors and assig-ns be deemed binding for an additional year, oommencing at the expiration thereof. It is further understood and agreed that the said electric company, its successors and assigns, is to furnish every thing and to be at all expense with the said lighting and the furnishing of said lamps, poles and lighting apparatus :and it is further agreed that the said Electric company, its successor sand assigns, shall and will holds and save harmless and indemnify from any and all loss. costs, suits, claims, damage, demands and proceedings, either at law or in equity coming or to come to the said City from or on account of any and all accidents or damage, or by or through the use of said lamps, lights, poles or apparatus, or from the infringment of any patent right or for the use of any of the said lamps without right by the said City, and also trom or on account of any of all decrees, judgments or orders of any court, made on account ol said lamps, poles or apparatus, so to be used as aforesaid ; and that said Electric Company, its successors and assigns. will take upon itself the dofense of any or all suits, action of proceedings which shall or may be brought against the said City or the pendency or com-' mencementof any such proceedings. It is further agreed that sH Elwtri3 Company, its Buccesscrs and assigns, shall and will executeanddoliver to the said City with suHirient sureties to be approved by the Common Council, a bond in the penal sum of ten thousand dollars (ilO.OOO) conditioneel for the faithful performance of this contract and each and every part thereof. It is further understood and agreed that the said Electric Company its successors and assigns. shall not be held liable for any loss, daage or injury coming from or through non-lighting. caused by riot, tire or unavoidable accidents. In witness whereof. The parties hereunto have executed this contract by there respective offleers duly authorized, and have caused their respective corporate 3eals to be hereto ath'xed this dayof , A. D.,1895. Section III. Permission is hereby granted to the Michigan Electric Company, its successors ahd assigns, a corporationorganizedunderthe lawsof the State of Michigan, having its principal office in the City of Detroit, toerect,ay, opérate and maintain in the public streets, allays and other public places in the City of Ann Arbor, Michigan, all needful and proper poles, wires, lamDS and other electrical appliances necessary for furnishing and operating all electric lights, motors, and for all other commercial uses of eleetricity. subject, however, to all conditions and restrictions hereinafter mentioned. Section IV. The said eorporation shall do no unnecessary injury to any street, alley, lamp, park or square, belonging to the City of Ann Arbor, Michigan. Section V. All poles located by said Company shall be properly set in the ground and so located as to cause the least possible obstruction consistent with their use for the above specitied purpose. Section VI. All wires of said Company shall be put up properly and insulated in a manner suitable to their u. SECTION VII. All wires entering any building shall be provided with suitable switches and cut-oft at the point of entrance as required by the insurunce rules in foree from time to time in the City of Ann Arbor. Michigan. SECTION VIII. This Ordinance shall take effect ten days after legal publica-1 tlon and be binding upon said corporation upon the filing with the City Clerk of said City of a written acceptance thereof by the said Michigan Electric Company, and shall be voifl unless the said Michigan Electric Company. its successors and assigns, by January lst, 1896, light the City pursuant to its contract with said City as authoried by the Common Council of the City of Ann Arbor. Passed in Common Council this ltith dav of September. A. 1).. 1895. Glen V. Mills. City Clerk. Aimmved Seut. 1". 189."). Mayor.