The Owosso times. (Owosso, Mich.) 1897-1926, 1910-02-11

on, along and across the avenues, streets, al.
leys high ways and other public places In and
through the city OF Owosso, Michigan, for the
period OF thirty years.
THE CITY OF Owosso ORDAINs:
Section 1. That wherever the word grantee"
appears In this ordinance IL Ia hereby intended
to mean the COMMONWEALTH POWER COM
PANY. corporation It's successors and assigns
is hereby granted aud vested In the COMMON
WEALTH POWER COMPANY, its successors aud
assigns to acquire, construct, maintain, and
use electrical appliances consisting OF towers.
masls poles, cross arms, guys, br aces, feeders.
transmission WIRES transformers and other
electrical appliances on, along and across the
public places in the city OF Owosso for the
period Of thirty years.
Section 8. No avenue, street. alley or other
public place used by said grantee shall be
INSTRUCTED longer than necessary during the
work of construction and shall be restored to
the same good condition as when said work
was commenced. On the default of said gran
tee to make such restoration within a reason
bv ss ooers and so aaens
cause the same to be done. Said grantee
shall pay the expense OF such work and restora
ton within ten days after demand thereof.
No part of said avenues, streets alleys or other
public places shall be permitted to remain In
dangerous or unsafe condition by reason OF
anything done or omitted to be done by the
grantee ano IL shall be liable for such damages
may be suffered by any corporation or pea
son by reason OF its negligence in the use OF the
avenues streets. alleys or other public places
Gran tee will indemnify and at all times save
the City OF Owosso harmless from any and all
loss or damage which II may sustain or suffer
In any way or manner by reason Of the con-
struc.ton maintenance or use OF its electric
lines, and will pay aud satisfy and save said
city harmless from the pay ment OF any and all
judgments and costs obtained against the city
m nUn IN ~ nF hEnl nh nj hu n
wrongful act or acts or negligence OF II In
about The erection, mainJainaDce or use
of It's electric lines wit hin SAID city.
Section q. Between the days OF January
first and April hrSt OF each year during the
period this ordinance is in force, the grantee
shall file with the city clerk for the use of
the city, map on which snail be designated
the location Ct each pole within the corporate
limits of the city.
Section 5 AL towers, masts and poles shall
be set and all wires shall be suspended In q
careful and proper manner In accordance with
the reasonable regulations now in force In the
city or that may be hereafter adopted by the
Common Council Grantee shall have the
right to trim trees II necessary in conducting
Its business. but only under direction Of the
Common Council or Street Commissioner.
Section 9. II grantee shall take over the
present plant OF The Owosso & Corunna Elec
trical Com any In the streets and public places
OF the said city, the location OF the line and
poles as already erected Is approved. II gran
tee shall not take over such plant then before
commencing construction 1t shall file with the
City Clerk a map showing the designation and
location Of the lines and poles 1t proposes to
erect, and shall procure the approval OF the
same by the Common Council. AS far as pos.
sbIe all lines OF poles and wires shall be piac-
ed in alleys. IL the present plant Of Owosso &
Corunna Electric o. Is taken over such OF its
lines as may be reasonably removed from bust
ness streets and place In alleys shall be so re
moved under the direction Of the Common
Council.
Section T. No further poles shall be erected
on paved streets by the grantee without the
consent OF the Council.
section 8. 1t is declared to be the policy of
this CITY TO keep the number OF pole in the
streets as small as possible. Grantees poles
In streets and public places shall be subject TO
be used by the City and by others under author.
ity Of the City as follows:
Grantee shall be entitled to the exclusive use
OF the top ten feet and length of each pole for
It's own wires The City shall be entitled to
string and maintain on such poles Its hre-
alarm, police telephone or other wires without
charge.
Any other person or cOrporationauthorized @
maintain In the streets and pubic places lines
OF poles and wires for conducting electric "
port the same by tue poles OF grantee, o. the ex
tent OF the reasonable capacity OF such poles
after accommodating the wires OF grantee and
of the city on paying the grantee reasonable
yearly charge for each wire 30 strung on each
pole; Provided that such person or corpora
tion so using the poles Of grantee shall give tC
grantee me ike TlBnJ 10 use tnelr pOleS ON the
same terms. II the parties cannot agree or
the amount OF such annual charge the same
shall be determined from time TO time by the
Common Council.
Section o. II said grantee shall not De de
livering and selling electric current Tor light
ing, heat or power to the citizens OF Owosse
on or before the expiration OF two years from
the date that this ordinance is passed by
the Common Council then the Common Coun
Gil OF said city shall have the right To pass a
resolution declaring this ordinance null and
void and after the passage OF such u resolution
this ordinance shall be and become null ant
void.
Section 10. The said grantee shall be en-
titled TO charge the Inhabitants OF the said city
for electric current, for light, heat or power
not more than thu prices named In The schedule
OF prices filed with the City Clerk Of said city
by grantee on the 3st day of January, A. d
1910 II after the expiration Of ten years from
the date OF acceptance OF this ordnance. and
every ten years Their latter whether the city II
Owosso or the grantee is dissatisfied with the
schedule OF prices. upon request OF either party
the Railway Commission of Michigan ehall
determine aud Tx just and reasonable sched
ule OF prices to be charged for the ensuing ter
years, which rates VIII. n so fixed shall be final.
Section II. The meters used by said granite.
10 its measurements OF It's electric curre { snail
be subject TO the inspection Of the city engineer
OF Owosso At the request OF either the City
Council or the users thereof II such meter
shall be found to De over charging the customer
grantee shall pay q fee OF Que dollar for the In
spection. II the meter do IS not overcharge the
customer the cost OF such inspection shall be
paid bv the party desiring such inspection.
Section IL. Any customer wishing to discon.
tine the use OF electricity for one or more
calendar months, shall not be liable to pay
minimum charge for such time, provided he
gives the grantee written notice OF twenty.
four hours Of his intention to discOnt inue t1e
use OF electricity during such stated period and
also gives the grantee an opportunity to re.
movs the meter during the bu mess hours OF
.no succeeding forty eight hours and no charge
shall m a fOr N an rai, uiii,
meter.
Section 49, In the event OF the failure OF
the said grantee It's successors and assigns to
comply with the provisions OF this ordinap c.
the Common Council OF said city shall have tb e
right to serve upon said grantee, Its successor s
aud assigns written notice calling the atten.
ton Of said graz tee It's SUCCESSORS nd assigns
to the particulars In which said grantee its
success ors and assigns, has failed to comply
with this ordinance and notifying said grantee.
It's sutc'ssbrs aud assigns, cease violating
tie tel ms ri this ordnance. and II aft,r The
expiration OF sixty days froD the me OF SER
IL, SUCCESSORS and assigns, suffer the term of
this ordiornce To oe violated or persist in VIC
lating thr terms W this ordinance, then the
Common Cpun IL Of said city shall have the
right py a two thirds vote OF oil embers elect
OF said Council TO pass resolution declaring
this ordinance null and void
section H. The rights, powers, authority
and privileges herein granted are not exclusive
Section IS. This ordinance and the accep.
tancs hereof. filed with the City lerk witnin
thirty days from it's adoption. shall be aud
constitute contr"ct by and between the ,,ny
Of Owosso and said grantee; Provided. how: