TELEPHONE AND TELEGRAPH CONSTRUCTION

COMPANY.

An Ordinance Granting Permission to the Telephone and Telegraph Construction Company to Erect, Maintain and Operate Telegraph and Telephone Lines in Bay City.

It is hereby ordained by the Common Council of Bay City:

Section 1. That the Telephone and Telegraph Construction Company, a corporation organized under the laws of the State of Michigan, and its successors and assigns, is hereby granted the right to erect and maintain lines of wires and conductors within the city limits, upon or beneath the surface of such avenues, streets, alleys and other public places, as the common council may, on petition of said company, or its assigns, designate, for the purpose of operating telephone and telegraph instruments, subject to the rules and regulations prescribed by an ordinance entitled, "An ordinance to regulate and control the use of streets, public places and buildings in Bay City by corporations, companies or individuals engaged in using, operating or maintaining telegraph, telephone or electric light lines," adopted October 31, 1881, except as herein otherwise provided.

Sec. 2. No avenues, streets, alleys or other public places that may be used by said company, or its successors or assigns, as provided by section one hereof, shall be obstructed by said company or its agents while erecting poles, supports, wires or conductors longer than absolutely necessary; and shall be left in as good condition after such use by said company as previous thereto.

Sec. 3. The privileges hereby granted said company, and its successors and assigns, shall in no

way be construed or deemed to be exclusive and shall remain in force thirty years from the date of the passage of this ordinance, and no longer.

Sec. 4. The Telephone and Telegraph Construction Company, or its successors or assigns, shall, within twenty days from the passage of this ordinance, file, their written acceptance of the same with the recorder of Bay City, and no rights, privileges or franchises shall vest in or be acquired by said company previous to such acceptance. Upon the filing of said acceptance, but not in any other event the said company shall be deemed to have acquired a legal right which is hereby ratified and confirmed to any lines or conductors and wires erected by them previous to the passage of this ordinance, except where they have run their wires or conductors upon poles or supports owned or operated at any time by the city or any department thereof, in which case they shall not be deemed to have acquired any rights or privileges.

Sec. 5. The common council hereby reserves the right to amend this ordinance or pass such other or different ordinances, and make such further regulations as they may deem proper: Providing, That the common council will not fix the rates to be charged by said company any lower than the rates now charged for telephone service.

Sec. 6. Whenever the council shall have designated any streets, lanes, alleys, or other public places, as provided in section one of this ordinance, upon which said company desires to erect or maintain poles, wires or conductors, or beneath the surface of which they desire to lay mains or conductors, said company shall immediately notify the mayor and city surveyor, in writing, of the permis sion so granted. The mayor and city surveyor shall thereupon view the premises and give such directions for the erection of poles, wires and conductors, and the excavation of the streets or other public places, for the laying of mains, wires and conductors, as by this ordinance and and other

ordinances of Bay City relating thereto, provided for, in such manner as they may deem best to secure the safety and protection of the interests of the public, or of any other lines, wires or conductors owned and operated in the city. The mayor and city surveyor shall give written directions for the execution of said work whenever they deem it necessary, and no work shall be done by said company or its assigns, under the provisions of this ordinance, without the written permission of the mayor and city surveyor, and under their directions and instructions.

Sec. 7. All avenues, streets, alleys and other public places opened by said company, its successors or assigns, for the purpose of laying or repairing lines, pipes, conduits or other apparatus, shall be restored by it to the same good order and condition as before they were opened; said company shall not permit or suffer any part of said avenues, streets, alleys or other public places to be or remain in a dangerous condition, on account of anything done in the laying or repairing of said lines, pipes, conduits, or other apparatus. Whenever said company, or its successors or assigns, shall make any excavations in the avenues, streets, alleys or other public places of said city, it shall, by signals or otherwise, do all things necessary to protect the public from injury thereby; and shall be liable for such damages as may be suffered by any person or corporation, by reason of any negli gence in its use of the streets.

Sec. 8. The said company, its successors or assigns, shall be subject to all the rules and regulations now in force in said city, and all reasonable regulations that may hereafter be passed concerning the opening of streets and obstruction of travel.

Sec. 9. Any failure on the part of said company to do or perform anything required, or the performance by said company of any act herein forbidden, shall be sufficient grounds for a revocation of all rights and privileges granted thereby, and there

upon this ordinance and the rights and privileges herein granted shall be and become null and void and of no effect, and the common council is hereby empowered to notify said company, or its successors or assigns, to remove all poles, wires and conductors from or beneath the surface of the avenues, streets, alleys and other public places; and upon its failure to comply with said order, the common council shall order them removed at the cost and expense of said company.

Adopted July 16th, 1888.

VALLEY TELEPHONE COMPANY.

An Ordinance Granting Permission to Erect, Maintain and Operate Telephone Lines in Bay City.

It is hereby ordained by the Common Council of Bay City:

Section 1. Authority and permission are hereby granted and given to the Valley Telephone Company, a corporation, and its successors and assigns hereinafter named, grantee, to erect and maintain lines of wire and conductors within the city limits, above, upon or beneath the surface of such avenues, streets, alleys or other public places, as the council may designate, for the purpose prescribed in an ordinance entitled, "An ordinance to regulate and control companies or individuals engaging in using, operating or maintaining telegraph, telephone or electric light lines," adopted October 31, 1881, except as herein otherwise provided. But before any public alley, street or other public place is

so used as aforesaid, permission shall be first obtained for such respective alley, street or other public place, from said common council.

Sec. 2. No avenues, streets, alleys or other public places that may be used by said grantee, its successors or assigns, as provided by section one hereof, shall be obstructed by said grantee or its agents, while erecting poles, supports, wire or conductors, longer than absolutely necessary, and such streets, avenues, alleys and other public places shall be left in as good condition, after such use, by said grantee, its successors and assigns, as previous thereto.

Sec. 3. The privileges granted hereby to said grantee, its successors and assigns, shall in no way be considered or deemed to be exclusive, and shall remain in force thirty years from the date of the passage of this ordinance, and no longer, when all rights of said grantee, its successors and assigns, shall cease and expire.

Sec. 4. The said, the Saginaw Valley Mutual Telephone Company, its successors and assigns, shall, within sixty days from the passage of this ordinance, file their written acceptance of the same with the recorder of this city, and no rights, priviliges or franchises shall vest in or be acquired by said grantee, its successors or assigns, previous to such acceptance.

Sec. 5. The common council of the City of Bay City hereby expressly reserves the right to require said grantee, its successors and assigns, to change to other streets or places any poles or wires, at any time, and to require that the wires be cabled and to order the poles removed and wires or cables to be properly placed under the ground in any public street, alley or place, and to amend this ordinance, or to pass such other ordinances and make such further regulations as they may deem proper: Provided, That the common council shall not fix the rates to be charged by said grantees, its successors or assigns, at less than the sum herein men