the east, before the first day of July, 1902, and place all wires and cables used by it for the operation of its lines within the above described area in the underground conduits hereinbefore authorized to be constructed by said company, its successors and assigns.

§ 3. Said company, its successors and assigns shall comply with the laws of the State of New York, and all the laws and ordinances of the City of Troy, now enacted or hereafter enacted by said city, concerning the use of said streets, avenues, alleys, public places and squares, and shall do no permanent injury to any street, sidewalk, alley, avenue or public place, or in any manner interfere with any water, sewer or gas pipe, telegraph, telephone or electric wires, cables or pipes, which are now or may hereafter and previous to the execution of the work hereby authorized be laid by the City of Troy, or any authorized person or corporation.

§ 4. The plans for such conduits shall be submitted to and approved by the commissioner of public works of the City of Troy before the work is undertaken, and said company, its successors and assigns, shall restore the streets and alleys, which it may disturb in doing the work, to their former condition and satisfactory to said commissioner of public works.

All work done by said company, its successors and assigns, in laying such conduits, ducts, mains, wires, pipes, cables or other conductors, and distributing poles, and in the restoration of the street pavement and sidewalks, shall be done under the direction of the commissioner of public works, and the location of said conduits, ducts, mains, or pipes and distributing poles in the 'several streets, avenues, alleys, public squares and places shall be determined by the commissioner of public works.

$5. No street, avenue or public place shall be allowed to remain open or encumbered for a longer period than shall be necessary to execute the work for which the same

has been opened, and the commissioner of public works shall determine the question of such necessity.

Immediately after the work of said company, its sucessors and assigns, in laying its conduits, ducts, mains or pipes has been done it shall forthwith restore, at its own expense, the streets, avenues, alleys or sidewalks or ground to as good condition as before the said work was begun. The said company, its successors and assigns, shall keep and maintain the parts of such streets, avenues, alleys, pavements, sidewalks or grounds, so disturbed, in good repair and condition, to the satisfaction of the commissioner of public works, for a period of one year from the time when they shall have been disturbed and replaced, and during the aforesaid period of one year the said company, its successors and assigns, shall, by the order of the commissioner of public works, proceed to take up any part of said pavement, flagging or curbstone, so disturbed, and relay or replace the same under the direction of the commissioner of public works and to his satisfaction.

§ 6. If the said company, its successors and assigns, shall refuse or neglect to restore and replace the said streets, alleys, pavement, flagging and curb after having disturbed and removed the same, as hereinbefore provided, or shall refuse or neglect to comply with any order of the commissioner of public works requiring it to take up and relay such pavement, flagging or curb, the said work may be done by the City of Troy, and the said company, its successors and assigns, shall be liable for the cost thereof, and upon receiving notice from the mayor of said city as to the amount of such expenses, the said company, its successors and assigns, shall forthwith pay such amount to the city treasurer.

§ 7. In all conduits constructed hereunder provision shall be made by reserving and leaving such space therein as may be necessary for the introduction and laying of the wires and cables of the City of Troy and appurten

ances thereto, required for conducting electricity to be used in the transmission of telephonic or telegraphic messages or communications in connection with the police and fire alarm service of the City of Troy. And the said City of Troy shall have the right and authority during the existence of such conduits to introduce and lay in said conduits its wires, cables and other appurtenances required as aforesaid for the service of its police and fire departments, without incurring any expense or charge for the use or rental thereof, and shall also have the right at all times whenever necessary for such purpose, and under the direction and supervision of the proper officers of said city, to be designated by either of said departments, to have access to said conduits, ducts, mains, pipes, wires or cables, for the purpose of extending or repairing the same.

also pro

Said company, its successors and assigns, may vide in said conduits space for carrying the wires and cables of other companies duly authorized to carry on business in the City of Troy, upon such terms as may be agreed upon between said Western Union Telegraph Company, its successors and assigns, and said other company or companies.

§ 8. Before commencing any of the work herein authorized or required to be done the said company, its successors and assigns, shall signify its acceptance of this grant or permission upon the terms, conditions and restrictions herein provided, by filing a written acceptance thereof, signed and acknowledged by the president of said company, its successors and assigns, with the clerk of the common council within thirty days after the passage of this ordinance, and shall also file with the comptroller of said city a bond in the penal sum of ten thousand dollars ($10,000) to be approved by the corporation counsel, conditioned for the faithful observance and performance by said company, its successors and assigns. of these conditions and restrictions, and to save and keep

harmless the said City of Troy of and from all losses, damages or injury by, from or on account of the acts or omissions of said company, its successors and assigns, and of and from any and all suits, claims and demands against the City of Troy, arising out of the acts or omissions of said company, its successors and assigns.

AN ORDINANCE GRANTING TO THE POSTAL TELEGRAPHCABLE COMPANY, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT UNDERGROUND CONDUITS IN THE STREETS, ALLEYS AND PUBLIC PLACES OF THE CITY OF TROY, PROVIDING RULES AND RESTRICTIONS FOR THE REGULATION THEREOF AND DIRECTING THE REMOVAL OF THE POLES, AERIAL WIRES AND CABLES OF SAID POSTAL TELEGRAPHCABLE COMPANY, ITS SUCCESSORS AND ASSIGNS, FROM CERTAIN STREETS, ALLEYS AND PUBLIC PLACES OF SAID CITY.

Passed June 6, 1901.

The City of Troy, in Common Council convened, ordains as follows:

SECTION I. The Postal Telegraph-Cable Company, a domestic corporation organized under the laws of the State of New York, its successors and assigns, are and each of them is hereby granted permission to construct underneath the surface of the several streets, avenues, alleys, public places and squares of the City of Troy, conduits, ducts, mains or pipes, with the necessary manholes and other appliances in which to carry its lines of wires, cables and other appurtenances for its use in the said city, and in making connection with other telegraph lines and systems in the various cities and villages of this and other states, under the following terms, conditions, restrictions and regulations;

§ 2. Said Postal Telegraph-Cable Company, its successors and assigns, are and each of them is hereby ordered and directed to remove its poles, aerial wires and cables from all the streets, alleys, public grounds and squares of said City of Troy, included within the area bounded by the north side of Bridge avenue on the north, the south side of State Street on the south, the Hudson River on the west and the east side of Sixth avenue on the east, before the first day of July, 1902, and place ali wires and cables used by it for the operation of its lines within the above described area in the underground conduits hereinbefore authorized to be constructed by said. company, its successors and assigns.

§ 3. Said company, its successors and assigns, shall comply with the laws of the State of New York, and all the laws and ordinances of the City of Troy, now enacted or hereafter enacted by said city, concerning the use of said streets, avenues, alleys, public places and squares, and shall do no permanent injury to any street, sidewalk, alley, avenue or public place, or in any manner interfere with any water, sewer or gas pipe, telegraph, telephone or electric wires, cables or pipes, which are now or may hereafter and previous to the execution of the work hereby authorized be laid by the City of Troy, or any authorized person or corporation.

§ 4. The plans for such conduits shall be submitted to and approved by the commissioner of public works of the City of Troy before the work is undertaken, and said company, its successors and assigns, shall restore the streets and alleys which it may disturb in doing the work to their former condition and satisfactory to said commissioner of public works.

All work done by said company, its successors and assigns, in laying such conduits, ducts, mains, wires, pipes, cables or other conductors and in the restoration of the street pavements and sidewalks, shall be done under the direction of the commissioner of public works and the lo