General grant.

Use of electricity authorized.

becomes materially changed or affected, and in such case it may be revised either by agreement or arbitration as before provided.

Passed August 11, 1890.

AN ORDINANCE

To authorize the Milwaukee & Whitefish Bay Railway Company to extend its tracks and railway, and to operate the same by the use of electricity.

The mayor and common council of the city of Milwaukee do ordain as follows:

Section 1. The Milwaukee & Whitefish Bay Railway Company, a corporation duly organized and existing under the laws of Wisconsin, is hereby authorized to extend its railway upon and along the streets and bridge in the said city of Milwaukee hereinafter designated, and for that purpose there is hereby given and granted to the said Milwaukee & Whitefish Bay Railway Company, and its successors and assigns, the right, privilege and authority to lay and maintain a double track for the said railway, with all necessary and convenient tracks and turn-outs, side-track, connections, switches and turn-tables upon and along the streets and bridge in the city of Milwaukee named in the next following section of this ordinance, and to keep, maintain, use and operate thereon, railway cars and carriages, propelled by the power of electricity applied by the storage battery, overhead or other approved system, subject to the conditions and restrictions hereinafter named, for and during the term commencing with the passage of this ordinance and ending July first (1st), A. D. 1924.

Section 2. The said Milwaukee & Whitefish Bay Railway Company and its successors and assigns is, and they are hereby authorized to lay, maintain and use a double track with connections, said track, turn-outs, switches, turn-table and turn-table excavations for such street railway on and along the course of the following streets and bridge of the city of Milwaukee, to-wit: Commencing at the southern terminus of the line heretofore granted to said company, to-wit: At the intersection of North avenue and Farwell avenue, in the Eighteenth ward of the city of Milwaukee, and extending thence west on and

bridge, Weil street, Lee strcet, Booth street.

along said North avenue to the bridge connecting the North avenue, Eighteenth ward with the Thirteenth ward of the said North avenue city, thence on and along said bridge at North avenue in the Thirteenth ward of said city, thence on and along said avenue west to its intersection with Weil street in said Thirteenth ward, thence north and along said Weil street to its intersection with Lee street, thence west on and along said Lee street to its intersection with Booth street, thence south on and along said Booth street to its intersection with North avenue, and thence west on and along said North avenue to the western limit of the city.

Section 3. The said Milwaukee & Whitefish Bay Railway Company is hereby authorized to operate its cars and carriages upon and along its aforesaid track or tracks, by means of power produced by electricity applied by the storage battery system or by means of electricity conducted upon wires suspended over and above said track or tracks on the streets and bridge aforesaid, and upon such other streets and bridges as it may hereafter be authorized to lay and maintain a street railway; and the said company is hereby authorized to erect, keep and maintain the necessary plant, machinery and power-house for the purpose of generating such electric power, and it is further authorized to erect on, along and across the streets, alleys and bridge, and under the Milwaukee river above mentioned in the said city of Milwaukee, the necessary poles, wires, cables and fixtures for the purpose of conducting and applying the power to be used as aforesaid, subject to the conditions and restrictions hereinafter contained.

Section 4. All poles erected by said company to carry the wires, shall be constructed of iron, in a neat, ornamental manner, and of sufficient strength to support the same, and shall always be kept neatly painted. All such poles shall be set inside the curb, and shall not be set at a less distance than one pole in every one hundred and twenty-five (125) feet, except at the intersection of streets, and all wires to be strung thereon shall not be less than eighteen feet above the surface of the street. Should the company use in connection with said overhead system and supplementary or feed wires such supplementary or feed wires shall be laid under ground, and the same shall be properly and safely insulated, and all wires used to conduct electric currents for the purpose of aforesaid shall be constructed with a return parallel metallic circuit; and

Electrical power to

be used.

Notice of opening streets to be given. Duties of B. P W.

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.

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 common 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

Tracks, how laid.

Street repairs.

Rate of fare.

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.

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.

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