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period of five years, such percentage shall be increased to correspond with the increase in value of the land thus occupied and used. [Laws 1895, p. 53.

SEC. 2. Notice of sale to be published.—Prior to any such sale, notice of the time, place, manner, conditions and terms thereof, with a description of the lands to be thus occupied and used, the duration of such occupation and use, and of the time within which such plant must be constructed, completed and put in operation, shall be published at least once a week for at least four weeks, in two newspapers to be designated by the public authorities whose consent is thus applied for and sought. [Laws 1895, p. 53.

SEC. 3. Purchaser to give approved bond.-The security required by this act shall be a bond in such amount, condition, form and sureties as the public authorities, whose consent is thus applied for and sought, shall require and approve Provided, that nothing in this act shall be construed to take away or impair the right of such public authorities to impose any other reasonable conditions and terms, as a condition to such occupation and use, in addition to the payment of such percentage; but such conditions and terms shall be reasonably set forth in such notice, and such bond shall be conditioned, as well as for a compliance with such conditions. and terms, as for the payment of such percentage; and provided further, that the relation existing between any such public corporation and all private companies, copartnerships, corporations, individual or individuals, who occupy or use any of its lands, as aforesaid, shall be deemed and taken to be, and shall be, that of landlord and tenant; and such corporation shall have, under this act, a paramount lien on all the franchises and property of the party occupying and using such public lands, and shall have all other rights and remedies. now by law given to landlords, either to recover delinquent rent or to recover possession of the rented lands. [Laws 1895, p. 53.

SEC. 4. Authorities may reject bids.-Nothing in this act shall be construed to prohibit the public authorities of such county, city, village or other municipal or public corporation from rejecting any and all bids. [Laws 1895, p. 53.

ARTICLE XXV.

WATER, GAS, ELECTRIC, TELEPHONE AND TELEGRAPH PLANTS.

SECTION

1. A system of waterworks may be established.

2. Existing grant not to be interfered with.

3. May own and operate water, gas and electric light works.

4. Electric light companies, cities may authorize to set poles, etc. SECTION 1.

SECTION

5. Telephone and telegraph companies, privileges in constructing line.

6. Telephone and telegraph lines, mode. of construction may be directed, by whom.

Waterworks.-The common council shall

have the exclusive right to erect, maintain and operate waterworks within the limits of the city, and to regulate the same; to prescribe the rates at which water shall be charged to the inhabitants of such city when taken from said works, and acquire, by purchase, donation or condemnation, suitable grounds, within or without the city, upon which to erect waterworks, and the right of way to and from said works, and also the right of way for laying water pipe within the limits of said city, all of which shall be done in such manner as prescribed by ordinance: Provided, that the mayor and council may, in their discretion, grant the right to any person or persons to erect waterworks and lay down pipes for the use of said city and its inhabitants upon such terms as the common council may by ordinance prescribe: Provided, that such right shall not extend for a longer period than twenty years, and shall not be granted nor shall be renewed unless by the consent of a majority of the qualified voters of said city, to be ascertained at an election held for such purpose. [R. S. 1889, Sec. 1435.

SEC. 2. Existing grant not to be interfered with.- * * * In case the right to erect and operate

waterworks has been or may be granted to any person or persons or corporation, no modifications of the terms and conditions of the original grant or contract therefor, nor any new contract, shall be made by which the obligations or liabilities of the grantee or grantees of such right shall be lessened or released, or the obligation or liabilities of the city be increased, unless the modification or new contract be approved by the qualified electors of the city, in the same mode and manner as was or may be necessary to the validity of the original grant. [R. S. 1889, Sec. 1271.

SEC. 3. May own and operate water, gas and electric light works.-The city council of any city, town or village in this state shall have the power to erect, maintain and operate waterworks, or to acquire waterworks by purchase, and to operate and maintain the same, and to supply the inhabitants thereof with water; to erect, maintain and operate gas and power plants, electric light plants, or any other kind of plant or device for lighting purposes, or to acquire and own the same by purchase, and to maintain and operate such plants, and to supply the inhabitants of such cities, towns and villages with light and power therefrom. [R. S. 1889, Sec. 1946a. Amended Laws 1891, p. 67, 1897, p. 56.

SEC. 4. Electric light companies, cities may authorize to set poles, etc.-Any city, town or village in this state may, by ordinance, authorize any company organized for the purpose of supplying light or power by electricity, and incorporated under the laws of this state, to set its poles, piers, abutments, wires and other fixtures along, across or under any of the public roads, streets, alleys or public places within such city, town or village, subject to such rules, regulations and conditions as shall be expressed in said ordinance. [R. S. 1889, Sec. 1764.

SEC. 5. Telephone and telegraph companies, privileges in constructing line.-Companies organized

under the provisions of this article, for the purpose of constructing and maintaining telephone or magnetic telegraph lines, are authorized to set their poles, piers, abutments, wires and other fixtures along, across or under any of the public roads, streets and waters of this state, in such manner as not to incommode the public in the use of such roads, streets and waters: Provided, any telegraph or telephone company desiring to place their wires and other fixtures under ground, in any city, they shall first obtain consent from said city through the municipal authorities thereof. [R. S. 1889, Sec. 2721.

SEC. 6. Telephone and telegraph lines, mode of construction may be directed, by whom.-The mayor and aldermen or board of common council of any city, and the trustees of any incorporated town, through which the lines of any telephone or telegraph company are to pass, may, by ordinance or otherwise, specify where the posts, piers or abutments shall be located, the kind of posts that shall be used, the height at which the wires shall be run; and such company shall be governed by the regulations thus prescribed; and after the erection of said telephone or telegraph lines, the said mayor and aldermen, or board of common council, and the trustees of any incorporated town, shall have power to direct any alteration in the location or erection of said posts, piers or abutments, and also in the height at which the wires shall run, having first given such company or its agents opportunity to be heard in regard to such alteration. [R. S. 1889, Sec. 2730.

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SECTION 1. Ordinances for railways in streets.The city may, by ordinance, direct and control the laying and construction of street railways or horse railroads in the streets, avenues, highways and alleys of the city, and require such railways or railroads, and all parts thereof, to be so constructed, laid and kept in repairs, to interfere as little as possible with ordinary travel and use of the streets, avenues, highways and alleys, and require the space between the rails, and eighteen inches on the outside thereof, to be macadmized or paved as the roadway beyond such limits may be paved, and be kept in repairs by the persons or corporations operating the same or owning same-this section to apply to railroads or railways constructed, or those hereafter to be constructed; but this section shall not be construed to authorize the city council to amend or in any manner interfere with the franchises heretofore granted to any street or horse railroad company in said city, nor shall said city council grant the right of way over or along any street in said city to any street or horse railroad company for the construction of horse railroads, without the consent of the property owners owning a majority in front feet of the property fronting on such street where such road is proposed to be constructed, nor shall any street railway hereafter be constructed or laid down without such consent. [R. S. 1889, Sec. 1270.

SEC. 2.

Street railroads may change motive power. Every street railroad company in any city of this

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