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all of said work shall be done to the satisfaction of the board of public works of the said city of Milwaukee. When, by the reason of excavations under the sidewalks or other causes, said poles cannot be set within said curb lines, then the said board of public works may, upon the application of said corporation, permit the same to place said poles outside of and immediately adjacent to the said curb.
Notice of opening
streets to be given. Duties of B. PW.
Section 5. At least twenty-four hours before the opening of any street or public place, the said corporation shall notify the board of public works, or such other officer or officers, or department of the city of Milwaukee as may hereafter perform the duties of the board of public works, in writing, of such intention, stating the street where and the object for which such opening is to be made. And in the opening and refilling of all the openings made as aforesaid, the relaying of pavements and all other necessary work to secure the speedy restoration of the pavements and street to an equally good condition as before disturbed, said corporation and its servants and employes shall be under the supervision and directions of the board of public works, or its authorized agents, and shall promptly comply with any order of such board or agent of said common council, in reference thereto. Nor shall any street, avenue or public place be allowed to remain open, encumbered or obstructed for a longer period than shall be necessary to execute the work for which the same has been opened, and in all cases where the work requires the exercise of skill, as in the laying or relaying of pavements, and all other necessary work, the said corporation shall employ none but skilled workmen, familiar with the execution of such work; and all such work shall be done subject to the control and under the direction of the board of public works or its authorized agent; and whenever it shall be necessary to make excavations, ditches or trenches and thereby interfere with or disturb any street, pavement or public place, the same shall be replaced and restored by or at the expense of the said corporation or its assignees, under the direction and supervision of the board of public works; and no public sewer or water pipes shall be tapped, or any sewer or water connection made therewith by such corporation unless a permit therefor shall have been duly issued in the manner provided by law, and said corporation shall, within sixty days after the passage and publication of this ordinance, execute to the city of Milwaukee and file with the city clerk of said city, a good and sufficient bond in the penal sum of fifty thousand Bond. ($50,000) dollars, to be approved as to form and execution by the city attorney, with two sureties satsifactory to the mayor of said city, conditioned to pay all damages which may in any manner arise, either to city or to individuals, on account of the non-fulfillment of any of the provisions of this ordinance.
Section 6. The said Milwaukee & Whitefish Bay Railway Company, its successors or assigns, shall commence work as contemplated herein in good faith within sixty days after the passage and publication of this ordinance, and shall finish and have in operation within six months from the passage and publication of this ordinance so much of the line of railway hereby authorized as lies between Farwell avenue, in the Eighteenth ward, and Fond du Lac avenue, in the Ninth ward of said city of Milwaukee, and shall construct and put in operation that portion of the line of railway hereby authorized, lying west on Fond du Lac avenue within six months after the portion of North avenue west on Fond du Lac avenue shall be graded and graveled to the established grade, provided, however, that no part of the months of November, December, January, February and March shall be reckoned a part of the six months or other term herein prescribed for final completion of the said line of raliway, and it is especially provided that on failure to commence the work in good faith within sixty days as named, and the failure to finish and have in operation said railway from the eastern terminus of Twelfth street within six months, as aforesaid, and a failure at any time hereafter to run its cars regularly throughout the year at such speed or on such time as the common council may by ordinance direct, shall work forfeiture of all the rights and privileges hereby granted; provided, that in case said Milwaukee & Whitefish Bay Railway Company shall fail to operate its cars regularly and at such speed or on such time as the comnion council may by ordinance direct, the said common council may in lieu of forfeiting the rights hereby Forfeiture. granted in an action, recover of and from the said Milwaukee & Whitefish Bay Railway Company as a penalty for each day said company shall refuse to comply with ordin
ance, the sum of fifty dollars; and it is further provided, that a failure on the part of said corporation or its assignees to construct and operate a railway upon any portion of the streets herein named within the time or times herein limited therefor, shall work a forfeiture of all rights herein and hereby granted.
Tracks, how laid.
Section 7. The tracks of said railway shall be of a gauge of four feet and eight and one-half inches, and shall not be elevated above the street, and shall be laid with modern improved rails in such a manner that carriages and other vehicles can easily and safely cross said streets, and as near together as practicable. The said corporation, its successors and assigns, shall keep in good and thorough repair, at its own cost and charge, so much of all streets upon which said railway shall be laid and operated, as lies between the two outside rails, and one foot therefrom toward the curb line, of the same material of which the streets may be composed at the time when such repairs may become necessary. The necessity of such repairs to be determined by the said board of public works; and the same shall be commenced within twenty-four hours after notice to do said work has been given by the said board of public works, and the said company failing to do said work within the prescribed twenty-four hours, and the board of public works shall hereby authorize and direct and cause said repairs to be made at the expense of said corporation, and the said corporation (the Milwaukee & Whitefish Bay Railway Company) shall save harmless the said city from any loss and damage which it may incur or become liable for by reasons of the malfeasance or nonfeasance of said corporation, its successors or assigns, in respect to the duties and conditions imposed upon the said company, the Milwaukee & Whitefish Bay Railway Company.
Rate of fare.
Section 8. The rate of fare upon said railway for distances between its terminal points, or any part thereof, or any extension which may hereafter be built and operated by said corporation, or its assigns, shall not exceed 5 cents, except when cars and carriages shall be chartered for a special price; but before any car or carriage shall be used and operated on said railway, said corporation, its successors and assigns, shall pay to the city for each car or carriage used thereon, such annual license fee as is now
provided by ordinance respecting the street railways in the city, or as may be hereafter provided by ordinance.
Section 9. The city of Milwaukee reserves the right to Joint use of tracks. grant to any person, persons, corporation or corporations, the right to use such tracks and roadbed along the following streets and bridge, to-wit: North avenue, North avenue bridge and its approaches, Weil street, Lee street and Booth street; provided, howerer, that no such right to use such tracks and roadbed shall be granted upon the streets above mentioned to any person or corporation for a greater distance than three consecutive blocks in length, in any one of the said last named streets; and, provided, further, that before using the same or any portion thereof, or such portion of said track or roadbed upon or over which the said city of Milwaukee shall have granted a franchise to any person or corporation, said person or corporation shall pay or secure to be paid to the said Milwaukee & Whitefish Bay Railway Company a just and adequate compensation for the use of said tracks and roadbed, agreed upon between them, and in case of their failure to agree upon the same within sixty days after written application by such person or corporation to the Milwaukee & Whitefish Bay Railway Company for the privilege of running cars over the last named company's tracks, a copy of which application shall be filed with the said clerk of the city of Milwaukee at the time when made, then such compensation shall be determined by arbitration, and the city of Milwaukee, by its mayor, shall name and appoint one person, and the Milwaukee & Whitefish Bay Railway Company shall name and appoint another person, and the said person or corporation to which said franchise shall have been granted, shall name and appoint a third person, and the three persons so appointed shall fix and determine the compensation either in gross or payable in installments, as may in their opinion be just and proper for the use of said track and roadbed, reference being had always in fixing the sum, to the amount and character of the use to be made thereof; and in case of failure of either of said persons or cor corporation to appoint a suitable person within said time, the mayor of the city of Milwaukee shall appoint a suitable person to act for and in behalf of the person or corporation failing as to nominate and appoint an arbitrator. And the compensation as fixed and determined for the use of such tracks and roadbed by said arbitrators, or majority
of them, shall be final and conclusive. The award of the arbitrators shall describe the character and amount of the use to be made, as well as of the compensation therefor, and shall be filed with the city clerk to be preserved by him in his office. Said compensation shall be subject to revision from time to time on similar application made by either party, if the character of such joint use of said tracks and roadbed become materially changed or effected; in such case it may be revised, either by agreement or by arbitration, as hereinbefore provided. Provided, always, however, that the Milwaukee & Whitefish Bay Railway Company has a prior right on its tracks everywhere, to use its system of power, and no joint use thereof shall ever be enforced with any other person or corporation that shall compel said company to change its power or system, or make it impossible to use the same in a practicable manner.
Section 10. It is provided, further, that any time lost by the Milwaukee & Whitefish Bay Railway Company in proseuting its work due to litigation with the city of Milwaukee or any person or corporation, shall be added to the time for the final completion of such lines as are so stopped.
Snow and ice to be removed from roadbed.
Section 11. The said Milwaukee & Whitefish Bay Railway Company shall at all times keep its tracks and roadbed free and clear from snow and ice, and shall not deposit or cause to be deposited any snow or ice removed from its tracks or roadbed upon the street or streets adjacent thereto, so as to impede travel, and in case the snow and ice at any time removed from its roadbed and deposited on the tracks shall, in the opinion of the board of public works, create any obstruction to travel upon said streets, the said board of public works may cause the ice and snow to be removed from the said streets at the cost and expense of the said corporation. And it is a condition precedent to the confering of the rights hereinbefore granted, that the said Milwaukee & Whitefish Bay Railway Company agrees to pay upon demand, to the city of Milwaukee, whatever expenses said city may be put to by reason of removing ice and snow as aforesaid, and said company agrees to indemnify the said city from any and all loss or damage by reason of any accident that may occur from or on account of any ice or snow so deposited.