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the chief of the fire department the said company may place its poles at the curb line.

All such poles shall be set at a distance of not less than one pole in every 125 feet, except at the intersection of streets, and all wires to be strung therein shall not be less than eighteen feet above the surface of the street. Should the company use in connection with said overhead system any supplementary or feed wires, such supplementary or feed wides shall be properly and safely insulated, and all wires used to conduct electric currents for the purpose aforesaid shall be constructed with a return paralleled metallic circuit. Said company shall carefully and in a workmanlike manner place its trolley and feed wires upon said poles, and shall break the same from other wires by a proper and suitable wire of sufficient size over said trolley or feed wires. And all of this work shall be done to the satisfaction of the board of public works of the city of Milwaukee.

In case permission be given by the chief of the fire department for the erection of such poles at the curb lines, and by reason of excavation under the sidewalks or other cause, said poles cannot be set inside of the said curb line, then the said board of public works may, upon the application of said corporation, permit the same to place the 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 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 opening is to be made. And in the opening and refilling of all openings made as aforesaid, the relaying of pavements and all other necessary work to secure the speedy restoration of the pavements and streets to an equally good condition as before disturbed, said corporations and its servants and employes shall be under the supervision and direction 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 actually be necessary to execute the work

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Bond.

Tracks, how laid.

for which the same has been opened, and in all cases where the work requires the exercise of skill, as in the laying and relaying of pavement, and all other necessary work, the corporation shall employ none but skillful 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 supervision and direction of the board of public works, and no public sewer or water pipes shall be tapped or any sewer or any water connections 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 (60) 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 twenty-five thousand ($25,000) dollars, to be approved as to form and execution by the city attorney, with two sureties satisfactory to the mayor of said city, conditioning to pay all damages which may in any manner arise, either to the city or individuals, on account of the non-fulfillment of any of the provisions of this ordinance.

Section 6. The said Milwaukee & Wauwatosa Rapid. Transit 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 also complete said work, and shall have said railway in operation on or before one year from the passage of this ordinance. And it is especially provided that a failure to commence work in good faith within sixty days as above named, shall work a forfeiture of all the rights and privileges granted hereunder as to that portion of said streets or territory over which the same shall have been completed, but not as to any part or portion which shall have been completed and be then in operation.

Section 7. The tracks of said railway company shall be of a gauge of four feet 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 the street, 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 repair may become necessary, the necessity of such repairs to be determined by the said board of public works; and the same shall be made 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, then the board of public works shall hereby authorize and direct and cause said repairs to be made at the expense of said corporation, and in case the common council shall order to be changed or altered the grade of any street or part of street upon which the track of said company shall be laid, or shall order paved or repaved said street or any part thereof, the said railway company, its successors and assigns, shall at its own cost and charge lower or raise its tracks to the grade so altered or changed, and in case the common council shall order paved or repaved the street or any part of the streets upon which such tracks may be laid, the said company, its successors and assigns, shall at its own cost and charge pave or repave Street repairs. with such material as may be designated by the common council, so much of said street or part of street or streets upon which such tracks shall be laid and operated as lies between the outside rails and one foot therefrom toward the curb line; and said corporation (the Milwaukee & Wauwatosa Rapid Transit Company) shall save harmless the said city from any loss and damage which it may incur or become liable for by reason 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 & Wauwatosa Rapid Transit Company.

Section 8. The rate of fare upon said railway for dis- Rate of fare. tances between its terminal points or any part thereof, within the corporate limits of the city of Milwaukee, including any extensions which may hereafter be built and operated by said corporation or by its assigns, within said.

Roadbed to be

and snow.

corporate limits, shall not exceed five 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 for by ordinance respecting the street railways in said city, or may be hereafter provided for by ordinance.

Section 9. It is provided further that any time lost by the Milwaukee & Wauwatosa Rapid Transit Company in prosecuting 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.

Section 10. The said Milwaukee & Wauwatosa Rapid kept free from ice Transit 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 roadbed or tracks upon the 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 its tracks, shall, in the opinion of the board of public works, create any obstruction to travel upon such street, the said board of public works may cause the ice and snow to be removed from said streets at the cost and expense of the said corporation; and it is a condition precedent to the conferring of the rights hereinbefore granted that the said Milwaukee & Wauwatosa Rapid Transit Company agree to repay upon demand, to the city of Milwaukee, whatever expense said city may be put to by reason of removing ice and snow as aforesaid.

Alteration or amendment

And said company agrees to indemnify the said city from any and all loss or damage by reason of an accident that may occur from or an account of said snow or ice so deposited.

Section 11. The city of Milwaukee reserves the right to alter and amend this ordinance so as to regulate the speed at which cars shall be run on tracks hereby authorized to be laid, and the time of running the same, the laying down of tracks for the same, and the transportation of passengers thereon, and the amount of fare that shall be charged per passenger thereon within the city limits.

Passed April 21, 1891.

78-AN ORDINANCE

To authorize the Milwaukee & Wauwatosa Rapid Transit
Company to construct and operate its railway on certain

streets.

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

Section 1. The Milwaukee & Wauwatosa Rapid Transit Company, and its successors and assigns, is hereby authorized to construct and operate its railway

across, along and upon Walnut street from Thirty-first to Walnut street. Thirty-fifth street (otherwise known as Western avenue), Western avenue. thence north on Western avenue from Walnut street to

Pabst avenue.

Section 2. The rights hereby granted are subject to the Conditions. same conditions, limitations and restrictions as are imposed upon the said Milwaukee & Wauwatosa Rapid Transit Company and its successors and assigns in and by a certain ordinance passed on the 21st day of April, 1891, and approved on the 28th day of April, 1891, authorizing the said company to construct and operate a street railway, of which said ordinance this ordinance is hereby declared to be amendatory.

Passed June 1, 1891.

XXII-BADGER ILLUMINATING COMPANY.

AN ORDINANCE

Granting certain rights to the Badger Illuminating Company.

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

Section 1. Badger Illuminating Company, a corpora- Right to construct tion organized under and by virtue of the laws of Wiscon- line of wire. sin, having its principal office in Milwaukee, its successors and assigns, is hereby authorized to construct and maintain in the streets, alleys, tunnels and public grounds of the city of Milwaukee, a line or lines of wires or other electric conductors to be used for the transmission of

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