may be established by the mayor or person in charge. In all cases such poles, masts and arms shall be so placed as not to unnecessarily annoy or interfere with the owners or occupants of property or buildings or other telephone, telegraph or electric light wires in the city.

Sec. 3. During the construction of that portion of the plant which is to be erected in, along or over highways, avenues, streets, lanes or alleys in the said city of West Bay City, the said Valley Telephone company shall not unnecessarily impede public travel thereon, and shall leave all highways, avenues, streets, lanes or alleys upon which they may enter for purpose herein authorized in as good a condition as they were at time of said entry. They shall also take all needful and necessary precautions to prevent accident or injury to any person during the construction of said line, and shall not have poles delivered or laid upon any of the streets, lanes, alleys or highways faster than is necessary for the proper and expeditious completion of said plant.

Sec. 4. The construction of said plant shall commence on or before August 1, 1897, and shall be completed with not less than 100 telephones, on or before January 1, 1898, and unless so commenced and completed in the above limited time, the rights granted by this ordinance shall be considered forfeited.

Sec. 5. The said telephone company shall within thirty days from passage of this ordinance, file with the city clerk its acceptance of the same in writing, signed by the president and secretary of the company duly authorized for that purpose, and failure so to do shall be considered as a forfeiture of all rights granted by this ordinance.

Sec. 6. Said telephone company shall save the said city harmless from any liability or expense whatever from all suits and litigation that may be brought against the the city for infringement by reason of its using the instruments and apparatus

necessary to operate and maintain said telephone plant, and from any injury to any of the public streets or alleys of said city, and the common council shall have power to require said company to furnish a reasonable bond with a surety or sureites to be approved by the council either before the beginning of any work or during its progress, conditioned to save the city harmless as above provided. If the council shall at any time order any bond herein provided for, said company shall do no work of any kind until such bond is filed and approved.

Sec. 7. The city shall have the right to use any or all poles erected by the said Valley Telephone Co., within the corporate limits of the city for stringing fire alarm wires or other wires the property of said city.

Sec. 8. The common council hereby reserve the right to amend this ordinance or to pass such other ordinances and make such other and further regulations as they may deem proper, provided that the common council shall not fix the rates to be charged by the said telephone company for the ensuing ten years at less than the sums mentioned herein, to wit: For local business service, thirty (30) dollars per year; for residence service, twenty-four (24) dollars per year; within the limits of West Bay City and Bay City, and for Saginaw service, three (3) dollars per year additional: Provided, that at the end of each ten years from the passage of this ordinance, the price of telephone service to be furnished the city and the inhabitants thereof, under the granting of this ordinance, shall be fixed for the ensuing ten years, at the request of the common council of this city, by five disinterested persons in the manner following: The city shall select two disinterested persons, and the said grantees shall select two disinterested persons, and the four persons so chosen shall select a fifth disinterested person, and these five persons shall decide the price to be charged for the ensuing ten years.

Sec. 9. The grantees of this franchise shall install six telephones complete for the use of the city free of any charge, to be placed at such points as the common council shall designate.

Sec. 10. The authority, rights and privileges granted by this ordinance shall continue, unless sooner terminated under the provisions thereof for a period of thirty years from and after the passage of the same.

Adopted May 17, 1897.

An Ordinance Granting Permission to the Michigan Postal Telegraph Company, a Corporation, to Erect, Maintain and Operate District Telegraph Lines in Bay City.

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

Section 1. That the Michigan Postal Telegraph Company, a corporation, is hereby granted the exclusive right, for the period of five years, to erect, maintain and operate within the city limits, upon such streets, alleys and other public grounds as the common council may, on the petition of said company, designate, for the purpose of conveying the electric current for use in operating a district messenger service in Bay City, 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 and individuals engaged in using, operating or maintaining telegraph, telephone or electric light lines, adopted October 31, 1881."

Sec. 2. No avenues, streets, alleys or other public grounds, that may be used by said company as

provided by section one, shall be obstructed by said company, or its agents, while erecting poles and wires, longer than necessary, and shall be left in as good condition after such use by said company as previous thereto.

Sec. 3. The Michigan Postal Telegraph Company shall, within one week from the passage of this ordinance, file its written acceptance of the same with the recorder of Bay City.

Sec. 4. All district messenger service, including alarm boxes, shall be performed and furnished at a rate to be from time to time fixed by the common council.

Sec. 5. Said company shall be subject to all rules and regulations now in force in said city, and all regulations that may hereafter be passed, which may affect it in any manner whatever.

Sec. 6. Any failure on the part of said company to do and 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 hereby, and thereupon 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 to remove all poles, wires or conductors from the streets, alleys and other public places, and on its failure to comply with said order the common council shall order them removed at the expense and cost of said company.

Adopted May 21, 1888.

An Ordinance Relative to Street Railways.

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

Section 1. That consent, permission and authority are hereby given, granted and vested in and to the West Bay City Street Railway Company, its successors and assigns, for the period of thrity years from and after October 10, A. D. 1887, to use all streets in said West Bay City, or its successor, exclusive of every other person or corporation, for the purpose of constructing and laying a single or double track for a street railway, with all necessary and convenient tracks for turn-outs, side tracks and switches, in and along the course of the streets and bridges in said city, or its successor, and the same to keep, maintain and use, and to operate thereon railway cars and carriages during all the term hereinbefore specified and prescribed, and in the manner and upon the conditions set forth in this ordinance.

Sec. 2. The rate of fare for any distance not beyond the city limits, in any direction shall not exceed five cents for each passenger for a continuous trip, and shall not exceed ten cents to any point outside the city limits in any one car.

Sec. 3. The railways through all the streets shall be laid in the center thereof, if of a single track, and if of a double track the rails of each track shall be laid within two feet and four inches of the center of the street, and such rails shall be laid not to exceed five feet apart, so as to accommodate the most common width of carriage wheels. The most approved rails for both freight and passenger traffic to be used. When the grantees, their associates, successors or assigns shall complete one track of said railway and place cars thereon for public use, they may at any time thereafter build a second track, provided they do