and Lighting Company, then this ordinance shall be null and void. Section 11. Whenever the common council of the city of Milwaukee shall deem it to the interest of the city to 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 saying 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 Power and Lighting Company to provide all buildings 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 and empowered to stretch its conductors on poles along the following named streets and alleys on the south side, 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; Proviso. 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. XXV.- FREDERICK PABST - STEAM AND Right to construct pipes, mains, etc. 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, 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, from Wisconsin street north to Mason street, and thence across city hall square and Oneida street to some point between Oneida and Biddle streets, and to connect the same by way of any street or streets or alleys with a suitable place of steam supply; subject at all times to the restrictions hereinafter imposed and to such further reasonable regulations as the common council of said city may hereafter prescribe. And in any power-house used for the purpose of fur- Fuel to be used. nishing the steam or electric current authorized by this and the succeeding sections of this ordinance to be conducted through the designated streets, alleys and grounds in said city, no other fuel shall be consumed for the purpose of furnishing said power, save anthracite coal; and the rights hereby granted are conditional thereupon. Section 2. The said parties, their heirs and assigns, for the purpose of laying and maintaining such pipes, shall do no permanent injury to any such street or alley, nor in any manner interfere with any water or gas pipe, public or private sewer, electric wire or cable or any conduit for the same, now or hereafter laid or constructed by the city of Milwaukee or any authorized person or corporation. No permanent injury to streets, pipes, etc., to be permitted. Section 3. Such pipes shall be laid in such parts of said Pipes to be laid in streets or alleys and in such manner as the board of public works shall prescribe. manner permitted by B. P. W. restored. Section 4. Said parties, their heirs and assigns, shall, Streets to be under the direction of the board of public works, restore all streets and alleys in which such pipes may be laid, to the same condition in which they were before being disturbed; and in case they shall fail to make such restoration effectual and permanent, the same shall be done by the board of public works, and the said parties, their heirs, and assigns, shall thereupon be liable to and shall pay to the city of Milwaukee the expenses of such restoration. Section 5. Said parties shall be liable to compensate the city of Milwaukee and any individual for all damages arising from negligence on their part while opening or encumbering any street or alley in doing any work under this ordinance, and shall hold said city of Milwaukee harmless from damage or expense by reason thereof. Said parties shall at all times be subject to the city ordinances now in existence, or which may hereafter be passed, City to be compensated in damages. Steam to be furnished to whom. Schedule of prices to be adopted and published. May be modified by council. Rights granted for fifty years. Permanent injury to streets prohibited. relative to putting up lights and barriers or other protec- Section 6. It shall be the duty of said parties, their suc- Section 7. Said parties shall, as soon as their work shall be completed and ready to furnish steam, adopt and publish a schedule of prices and of the terms and conditions on which steam will be supplied, which shall be as uniform as practicable to all consumers. Such schedule of prices, terms and conditions shall be subject to the power of the common council to modify or alter the same if they shall be in any particular oppressive or unreasonable. Section 8. There is hereby granted to Frederick Pabst, 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 electric wires or cables under ground, for the purpose of furnishing electric light to adjacent property, in East Water street, from Wisconsin street north to Mason street, and across city hall square and Oneida street to a point between Oneida and Biddle streets and to connect the same by way of any street or alley with a suitable power-house for the supply of electric power, and to use and operate such wires or cables for the purpose of lighting all premises on either side of said street, so far as the same extend; subject at all times to the restrictions hereinafter imposed and to such further reasonable regulations as the common council of said city may hereafter prescribe. Section 9. The said parties, their heirs and assigns, for the purpose of laying such wires or cables shall do no permanent injury to any such street or alley, nor in any manner interfere with any water or gas pipe, public or private sewer, or other electric wire or cable or any conduit for the same, now or hereafter laid or constructed by the city of Milwaukee or any authorized person or corpora tion. 1 Section 10. Such wires or cables shall be laid in such parts of said streets or alleys, and in such manner as the board of public works shall prescribe, and the said board may require the same to be laid in conduits. The system of electric lighting to be used, by means of such wires or cables, shall also be subject to the approval of the board of public works. Wires, etc., to be laid as directed by B. P. W. restored. Section 11. The said parties, their heirs or assigns, Streets to be shall, under the direction of the board of public works, restore all streets and alleys in which said wires or cables may be laid to the same condition in which they were before being disturbed; and in case they shall fail to make such restorations effectual and permanent, the same shall be done by the board of public works, and said parties shall thereupon be liable to and shall pay to the city of Milwaukee the expense of such restoration. sated for dam ages. Section 12. Said parties, their successors and assigns, City to be compenshall be liable to compensate the city of Milwaukee and any individual for all damages arising from negligence on their part while opening or encumbering any street or alley and hold said city of Milwaukee harmless from damage or expense by reason thereof. Said parties shall at all times be subject to the city ordinances now in existence, or which may hereafter be passed, relative to putting up lights and barriers or other protections at and around excavations. Section 13. It shall be the duty of said parties, their heirs and assigns, as long as they hold and enjoy the privileges hereby granted, on the proper application of the owner, to furnish electric light for the purpose of lighting or illuminating any building on either side of said street, as far as such wires or cables shall extend, upon reasonable terms and conditions, and free from unreasonable discriminations. Lights to be fur nished to whom. to be adoptedto be uniform. Section 14. Said parties, their heirs and assigns, shall, Schedule of prices as soon as their work be completed and ready to furnish light, adopt and furnish a schedule of prices and of the terms and conditions on which electric light to illuminate such buildings will be supplied, which shall be as uniform as practicable to all consumers. Such schedule of prices, terms and conditions shall be May be modified subject to the power of the common council to modify or by council. |