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replaced and restored by or at the expense of said company, its successors or assigns, under the supervision of the board of public works, but no sewer, gas or water pipes 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 other public place, and shall employ skilled labor for that purpose.

Section 4. Nothing in this ordinance shall be construed as conferring any exclusive rights and privileges upon the Milwaukee Power and Lighting Company.

The common council of the city of Milwaukee shall have right at all times to direct that the wires of said company shall be placed in a conduit in any street in which a conduit is laid, and the company shall forthwith proceed to have the same placed in said conduit and remove its poles from the street along which the conduit is laid; and the said company shall have the same rights and powers in all respects as if the said wires were placed on poles; the said company, however, in carrying out the directions of the common council, as contemplated in this section, shall have the right and option to build its own conduit on such street and place and operate its wires therein.

Prorided, however, that the common council reserves the right to require the said Milwaukee Power and Lighting Company to place any or all of its wires and lines under ground at any time.

Right reserved to

place wires in conduits.

Proviso.

Bond.

Section 5. This ordinance shall not take effect unless the Milwaukee Power and Lighting Company shall, within ninety days after the passage of this ordinance, have executed and delivered a bond to the city of Milwaukee in the penal sum of fifty thousand ($50,000.00) dollars, with sureties satisfactory to the mayor and comptroller of said city, and approved as to form by the city attorney, conditioned to indemnify and save harmless the city of Milwaukee of and from all damages which may accrue, or which may in any way arise or grow out of the exercise by said company of the privileges herein granted.

The bond above mentioned shall be further conditioned Renewal of same. for the faithful compliance by said company with all the terms and provisions of this ordinance, and shall be renewed every five years or oftener, and at any time and as often as the common council of said city may desire.

Section 6. The Milwaukee Power and Lighting Com- Conductors to be pany shall extend its conductors so as to supply any light extended on order

of council. or lights that may be ordered by the common council of the city of Milwaukee, or by the proper city officials, and shall supply the same to the streets and alleys in which the lines of conductors of such company are under ground at a price as agreed by contract, but not to exceed the maximum price of one hundred and fifty dollars per year

Maximum price. for each arc light of two thousand nominal candle power.

Whenever the common council of the city of Milwaukee, or the proper city officials shall order any light or lights in any street, alley or public place to which light may be conducted by wire, stretched upon poles, then said company shall, within thirty days, put up and maintain such light or lights, of the power above mentioned, during the entire night every night in the year, at such price as may be agreed by contract, but not to exceed one hundred and fifty dollars per annum for each light of two thousand candle power.

All lights mentioned in this section shall run and be in Lights to run all operation from early twilight in the evening to daylight night. in the morning.

Section 7. All charges for standard lights furnished by Charges for lights said company, except those furnished to the city, shall be to be uniform. uniform in price throughout the whole city, and in no case shall a higher price be charged by said company for such lights to any consumer in any part of the city, than the lowest price for which the same number of similar lights is furnished by the company to any other consumer in any other part of the city.

Said company shall furnish lights to all persons who To whom lights shall pay for the same monthly, and who shall reside upon must be fura street, alley or public way in which the conductors of said company are maintained.

Said company shall extend its conductors to any point Conductors to be upon any business street, and to any point upon any street extended, when. within the fire limits of said city, so as to supply consum

nished.

Extension to be made in thirty days.

ers, whenever application shall be made therefor by not less than five resident consumers in every block of such street on such proposed extension; provided, such application shall be made in writing addressed to the company, signed by the proposed consumers, and shall specify the extensions desired, the number of consumers in each block of such extension, and their location by street numbers.

Whenever such an application shall be made to the said company for such an extension of its conductors it shall be the duty of said company to make such extension within thirty days after such application shall be made; provided, that in case the proposed extension is required oy this ordinance to be made under ground that said company shall have ninety days, after the frost is out of the ground to complete its extension.

In case said company shall neglect or refuse to make such extension within the time hereinbefore mentioned, this ordinance shall thereupon become null and void, and all franchises and privileges hereby granted shall cease and terminate.

Right to amend or

or Section 8. The common council of the city of Milrepeal reserved. waukee hereby expressly reserves the right to amend,

alter, modify or repeal this ordinance or any amendments hereto at any time; the action of the common council in this respect to be conclusive on the said Milwaukee Power and Lighting Company and its assigns.

Pooling prohibited.

Section 9. The Milwaukee Power and Lighting Company shall not at any time pool their interests or consolidate with any other electric light company which may have heretofore obtained or may hereafter obtain a franchise to do business in this city; and if said Milwaukee Power and Lighting Company shall pool or assign their interests or consolidate with any other illuminating companies without the consent of the common council, then all rights under this ordinance shall be null and void.

Gas Light Company not to acquire interest.

Section 10. It is hereby expressly enacted that the Milwaukee Gas Light Company is prohibited from acquiring any interest whatever in the said Milwaukee Power and Lighting Company, and if the said last named company shall allow said Milwaukee Gas Light Company to acquire any interest whatever in said Milwaukee Power

and Lighting Company, then this ordinance shall be null
and void.
Section 11. Whenever the common council of the city Right

non council of the city Right to purchase of Milwaukee shall deem it to the interest of the city to reserved by city. purchase the property, rights and privileges of the said Milwaukee Power and Lighting Company, as mentioned in the preceding section of this ordinance, also all grounds, buildings and machinery and other property required to operate the electric plant, as mentioned above, it shall have the right so to do by naying to said company, or its assigns, such compensation as may be determined between said company and the said city of Milwaukee, and in case they can not agree, then the value of said property of the Milwaukee Power and Lighting Company shall be settled by arbitration of three persons, one chosen by the said corporation or company, and one by the common council of the city of Milwaukee, and the third by the two thus chosen, and the decision of such arbitrators shall be final and conclusive.

Section 12. It shall be the duty of said Milwaukee Proper switch ap. Power and Lighting Company to provide all buildings paratus to be pro

vided. where its system of lights is used, with proper switch apparatus, such apparatus to be so constructed and conveniently placed on the outside of all buildings lighted by the Milwaukee Power and Lighting Company, that in case of fire or other emergency, the electric current can be immediately cut off from entering any such building.

Section 13. The said company is hereby authorized Streets upon which and empowered to stretch its conductors on poles along conductors may

6 be stretched on the following named streets and alleys on the south side, poles to-wit:

Along Florida street from First avenue to Grove street, along alley running north and south between Reed street and Hanover street from Florida street to South Water street, along Oregon street from said alley to Reed street, along South Water street from said alley to Reed street.

And along the following named streets and alleys on the west side, viz.:

From Fourth street to Third street on all intersecting streets and alleys from and including Cedar street on the south to and including Reservoir avenue on the north along Vliet street from Eleventh street to Twelfth street;

along Fifth from Cedar street to Fowler street, along Clybourn street from Fifth street to Thirteenth street; along St. Paul avenue from Sixth street to the west line of blocks No. 194 and 195; along Walnut street from Eleventh street to Twentieth street; along Sherman street from Third street east to river; along Twelfth street from Cedar street to the south side of Wells street; along Wells street from east side of Sixth street to the west side of Twelfth street.

And along the following named streets and alleys on the east side, to-wit:

On North Water street from south line of Knapp street to the north line of Ogden avenue; on Ogden avenue from North Water street to east line of Milwaukee street.

Provided, That the common council reserves the right by resolution to cause any of such conductors on the streets named in this section, or any part thereof, to be laid under ground at the expense of the said Milwaukee Power and Lighting Company at any time that said common council may deem proper.

Passed July 20, 1891.

Proviso.

XXV.- FREDERICK PABST – STEAM AND

ELECTRIC LIGHTS.

108—AN ORDINANCE To authorize Frederick Pabst and others to use certain

streets and alleys in the city of Milwaukee for supplying steam and electric light.

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

Section 1. There is hereby granted to Frederick Pabst, Right to construct pipes, mains, etc. his heirs and assigns, for the term of fifty years from and

after the date of this ordinance, the right and authority to lay and maintain pipes, mains, conductors and service pipes for the purpose of conveying or conducting steam or water, or both, to be used in heating buildings adjacent thereto, in East Water street in the city of Milwaukee,

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