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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
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. Roadbed to be Section 10. The said Milwaukee & Wauwatosa Rapid kept free from ice Transit Company shall at all times keep its tracks and and snow.
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.
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. Alteration or
Section 11. The city of Milwaukee reserves the right to amendment 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.
XXIJ.-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 oi the city of Milwaukee, a line or lines of wires or other electric conductors to be used for the transmission of
Streets on which wires shall be under ground.
electricity, generated and supplied by the ThompsonHouston improved system of arc and incandescent lighting, or such other system of electric light as the common council may decide to adopt for the purpose of furnishing light, heat, power and signals.
Section 2. All such lines along the following business streets and parts of streets, and alleys adjacent thereto, and in the following described districts shall be under ground, properly insulated, and shall be constructed under the supervision of the board of public works, or such other officer or department of the city government as may hereafter be designated by ordinance or by law to perform this said duty, or the duties of said board of public works.
EAST SIDE. East Water street, North Water street to Milwaukee street, Michigan street, Wisconsin street, Broadway, Erie street, Juneau avenue, all entire; Milwaukee street entire. And the district bounded east by Milwaukee street from river northwardly to river, then following river to place of beginning. All the streets and alleys in the Third ward.
WEST SIDE Grand avenue entire; State street from river to Twentieth; Chestnut street from the river to Twentieth; Winnebago from Chestnut to Vliet; Vliet street from Winnebago to Twentieth; Galena street from Third to Twentieth; Walnut street from Third to Twentieth; West Water street entire; Second street entire; Third street entire; Twelfth street entire.. And the
District bounded by Fourth street from Fowler street north to Reservoir avenue, thence east to river, thence following the river south to Fowler street, thence west to the place of beginning. Also the district bounded as follows: The Milwaukee river on the east, Twelfth street (inclusive) on the west, Fowler street on the south, and by Cedar street on the north.
District bounded by Hanover street, from Menominee river to Florida street; thence east to Milwaukee river, thence following the said rivers to place of beginning.
Along the other streets and alleys of the city the said company may stretch its conductors upon poles; said conductors to be properly insulated; said poles to be of first quality, not to be more than one hundred and fifty feet apart, and shall in no case support the wires less than thirty-five feet in heighth, and shall be arranged so as to support the conductors over the center of the street; and the circuits to be none other than metallic circuits. The city of Milwaukee shall at all times have the right and privilege to use the poles of the said company for the purpose of stretching and maintaining thereon a line or lines of wires for the use of the fire department, the police department, or any other department of the city government, without any compensation therefor.
Section 3. Whenever it may be found necessary, in Streets, etc., to be making any of the connections contemplated in this ordi- kept in condition. nance, or in repairing the same, to interfere or disturb any street, alley, pavement or sidewalk, the same shall be replaced and restored by or at the expense of the Badger Illuminating Company, or its assigns, under the supervision of the board of public works, but no sewer, gas or water pipe shall be disturbed for that purpose. Before opening any street, alley or other public place, the said corporation shall notify the board of public works in writing of such intention, stating the place where such opening is to be made, and shall comply with the directions of said board or of the common council in reference to replacing the pavement of said street, alley, or of other public place, and shall employ skilled labor for that purpose.
Section 4. Nothing in this ordinance shall be construed When to com. as conferring any exclusive rights or privileges upon the mence. Badger Illuminating Company; and unless said company Right reserved to shall within one year after the passage of this ordinance, order wires in
conduits. in good faith, commence the constructions herein provided for, and hereby authorized; and shall within said time have constructed and in operation at least twenty miles of wire, then, in that case, all rights and privileges herein granted shall be forfeited and of no effect. The common council of the city of Milwaukee shall have the right at all times to direct that the wires of the Badger Illuminating Company shall be placed in a conduit in any