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the streets, alleys or other public places, wherein the same are now or may hereafter be situated, all poles, wires or conduits, and to place the same upon other streets, alleys or other public places, to be then designated by the said common council. The said common council of Bay City hereby expressly reserves the right, whenever it deems it for the interest of the public, to require said grantee, its successors or assigns, to remove all of its poles, wires or conductors from all streets, alleys or other public places and to place said wires or conductors in conduits beneath the surface of the ground.

Sec. 9. The said City of West Bay City shall, within twenty days from the passage of this ordin ance, file with the recorder of Bay City, its written acceptance of same, signed by the mayor and city clerk of said grantee, and no rights, privileges, or franchises shall vest in or be acquired by said grantee, its successors or assigns, previous to such acceptance. Such acceptance when so filed, shall be binding upon said grantee, its successors or assigns.

Sec. 10. The board of electric control shall have the right to inspect and test any electric meter, but shall not detach or remove the same from the premises for such inspection or test. Any consumer of electricity in the City of Bay City shall be entitled to the inspection of his electric meter upon the payment to said board of two dollars. Such consumer may be present when the test of the meter is made and the said grantee shall be notified in writing, by the board making such test, and the time, hour and place thereof. If any such meter being tested, shall be found to register inaccurately to the injury of the consumer, to the extent of two per centum or more, the fee paid by said consumer for such inspection shall be returned to said consumer by said grantee.

Any person or persons making such inspection shall mark such meter as fast, and the grantee

shall not allow the same to be used until the defect is remedied, and the meter again inspected, found to be correct, and so certified. Every such meter shall be considered correct and sealed accordingly, which shall register quantities varying from the true standard of not more than two per centum, and a record shall be kept of the same and all fees so collected. Whenever a consumer shall have his meter tested, as above provided, and the same is found correct, the said inspection fee shall not be returned to the consumer but shall be equally divided between the City of Bay City and said grantee. All meters placed by said grantee shall, whenever required by the board of electric control, be first inspected, proved and sealed by the agent of said board. All tests of meters shall be made with the standard meter provers in ordinary use.

Sec. 11. This ordinance shall continue and remain in force until thirty (30) years after its adoption by the common council of Bay City, when all the rights of said grantee hereby granted shall cease and expire. The privileges hereby granted, however, shall in no wise be construed or deemed to be exclusive.

Sec. 12. The City of Bay City hereby reserves the right to repeal, alter or amend this ordinance in case of the intentional violation by said grantee of any of its terms or conditions; Provided, Such violation shall continue for thirty days, or shall be intentionally repeated, after the common council of Bay City has by resolution required said grantee to cease said violation and has caused a copy of said resolution to be served upon said grantee.

The words "successors and assigns," as used in this ordinance, shall be limited to and construed to mean such municipal corporations only, as may be immediate or mediate successors to said grantee, the intention being to limit said succession or assignment of rights herein granted to municipal corporations only.

Sec. 13. All ordinances or parts of ordinances applicable to the whole or any portion of Bay City in any wise contravening the provisions of this ordinance are hereby repealed.

Adopted March 6, 1905.

An Ordinance Relative to the Bay County Electric Light Company.

Be it ordained by the City of West Bay City as follows:

Section 1. That the Bay County Electric Light Company of Bay City, Michigan, a corporation, its successors and assigns, is hereby granted the right to lay, erect, maintain and operate wires and conductors within the limits of the City of West Bay City, upon or beneath the surface of such avenues, streets, alleys and other public grounds, as the common council may, on petition of said company, its successors or assigns (as from time to time), designate, for the purpose of conveying the electric current for illuminating purposes and for furnishing heat and power for public or private buildings, subject, however, to the provisions of an ordinance entitled "An ordinance to regulate and control the use of streets, public places and buildings in West Bay City by corporations, companies or individuals engaged in using, operating or maintaining telegraphic, telephonic or electric lines," adopted 1890, except as herein otherwise provided.

Sec. 2. The privilege hereby granted said company and its successors and assigns, shall in no way be construed to be exclusive, and shall remain in force for thirty years and no longer.

Sec. 3. The Bay County Electric Light Company of Bay City, Michigan, or its successors or assigns

shall, within ten days from the passage of this ordinance, file their written acceptance of the same with the recorder of West Bay City, and within ninety days be in readiness to supply all applicants with light and power for use at a rate not to exceed a rate to be from time to time, fixed by the common council; which rate shall in no case be placed by the common council higher than the rates charged by companies furnishing light, heat and power in the city of Detroit: Provided, however, that such rate when once fixed, shall not be changed for a period of one year.

Sec. 4. Said company, within a reasonable time after application by five or more responsible persons, residing or doing business within a distance of three hundred feet from each other, shall furnish all light necessary for the purpose of illuminating said parties' premises and all heat and power necessarily required by them, and no greater charge shall be made therefor than is made to any other customer any place within the city limits. All lights furnished shall be of equal candle power with lights usually furnished by other electric light companies.

Sec. 5. Permission and authority is also given to the said company to place and lay wires across the Saginaw river, but not so as to interfere with private property against the will of the owner or occupant, or with travel or navigation.

Sec. 6. Section two of this ordinance shall not be altered, amended or repealed without the consent of the said Electric Light Company, but the common council expressly reserves the right to amend or change this ordinance in other respects, as in its judgment, the public good may require. The said Electric Light Company may at any time. abandon the rights and privileges herein given, restoring the grounds occupied by them to their former condition as near as may be.

Adopted September 22, 1890.

DETROIT & MACKINAC RAILWAY CO.

An Ordinance Granting the Right-of-Way to the Detroit & Mackinac Railway Company, Its Successors and Assigns, to Construct, Maintain and Operate Railroad Tracks Along and Upon Water Street, Now Called Martin Street, in the City of West Bay City.

Be it ordained by the Common Council of West Bay City:

Section 1. That the right of way is hereby granted to the Detroit & Mackinac Railway Company, a corporation formed and existing under the laws of the State of Michigan, and its successors and assigns, to construct, maintain and operate railroad tracks upon and along Water street, now called Martin street in the City of West Bay City, from the easterly end of said street to the intersection of the same with Washington street.

Sec. 2. Said grantee, its successors and assigns, shall and will construct its track upon the proper grade as now established or as may hereafter be established by the common council, under the supervision of the city surveyor of said city.

Sec. 3. Said grantee, its successors and assigns shall and will obey all ordinances of said city now in force or that may be hereafter enacted regulating the running and operating of railroad trains therein.

Adopted September 21st, A. D. 1896.

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