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Proceedings of the Senate, 1900
Volume 96, Page 1171   View pdf image (33K)
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1900.] OF THE SENATE. 1171

structed and the depth and width of the excavations in
the streets and alleys to be made for said conduits and
manholes; and in the power hereby granted to regulate
the location of said conduits and manholes is in-
cluded the power to ascertain and determine in
what streets and alleys said conduits and manholes
may, and in what streets and alleys they may not, be
constructed, provided, reasonable provision is made for
the fair and reasonable exercise of the rights and privil-
eges granted by said Ordinance No. 41; and in executing
the power of regulation by this Act granted to the Mayor
and City Council of Baltimore, it may clothe the City
Engineer with all such powers, in addition to those con-
ferred upon the City Commissioner by said Ordinance
No. 41, if any are deemed necessary, as are proper and
appropriate to be exercised by him iu connection with
the location, plan, character and mode of construction of
the conduits and manholes which, by said Ordinance No.
41, the said Telephone Companies are authorized to con-
struct.

"Sec. 2. And be it further enacted, That if the rate
per yard required by said Ordinance No. 41 of the Mayor
and City Council of Baltimore, approved May 9, 1889, to
be paid by the said Telephone Company to the Mayor and
City Council of the city of Baltimore annually, is a less
rate, in the judgment of the Mayor and City Council of
Baltimore, than is a fair compensation for the rights and
privileges by said ordinance granted to said Telephone
Companies, and if the Mayor and City Council of Balti-
more and the said companies cannot agree upon a rate to
be substituted therefor, then and in that event and upon
notification thereof by the Mayor and City Council of
Baltimore to the Governor of the State the latter shall
thereupon appoint a commission of three disinterested
and competent persons, who shall have power and whose
duty it shall be to ascertain and fix a fair and just rate
to be paid by the said companies in substitution for the
rate fixed by said ordinance to be paid annually by the
said companies to the Mayor and City Council of Balti-
more, if any greater rate than that fixed by said ordi-
nance is, in their judgment, a fair and proper rate to be
paid by the said companies, and the rate so fixed shall
be in all respects as binding and obligatory upon the


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Proceedings of the Senate, 1900
Volume 96, Page 1171   View pdf image (33K)
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