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Bond.

alter the same if they shall be in any particular oppressive or unreasonable.

Section 15. This ordinance shall be inoperative and void unless the said Frederick Pabst, on or before the time of the commencement of the performance of any of the acts herein and hereby authorized, shall execute and deliver to the city of Milwaukee, a bond, with good and sufficient surety in the penal sum of $10,000, conditioned to hold the said city of Milwaukee harmless, from all loss or damage by reason of the doing of any of the acts and the exercise of any of the rights granted by this ordinance, and for the faithful performance by the said Frederick Pabst, his heirs and assigns, of all and singular, the acts by the said Frederick Pabst, his heirs and assigns, required to be performed by said ordinance, said bond shall be renewed and increased at any time the common council may by resolution direct.

Passed July 13, 1891.

16-AN ORDINANCE

To amend an ordinance entitled, "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," passed July 13, 1891.

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

Section 1. That section 8 of an ordinance entitled, "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," passed July 13, 1891, be amended so that said section reads as follows:

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 said ordinance, passed July 13, 1891, the right and authority to lay and maintain electric wires or cables under ground for the purpose of furnishing electric light to adjacent property, as follows:

EAST SIDE.

In East Water street from Wisconsin street north to Mason street across city hall square and Oneida street to a point between Oneida and Biddle streets and from the

lake to Grand avenue on Wisconsin street; in East Water street from present line to Erie street; east on Erie street to Broadway, north on Broadway to power-house; in Michigan street from East Water street to Lake street, north on Lake street to Wisconsin, including cross connections between all streets, through streets and alleys along right of way.

WEST SIDE.

In Grand avenue from Wisconsin street to Ninth street in Eighth street south from Grand avenue to Sycamore street; east on Sycamore street to West Water street; south on West Water street to Bridge street; east on Bridge street to East Water street.

In West Water street north from Sycamore street to State street; in Third street south from State street to Grand avenue and to connect the same by way of any street or alley wih a suitable power-house for the supply of electric power, including also cross-connections through all streets and alleys along right of way, and to use and operate such wires or cables for the purpose of lighting all premises on either side of said streets as far as the same may extend; subject at all times to the restrictions hereinafter imposed and to such further reasonable regulations as the common council of said city may prescribe.

Passed February 5, 1894.

XXVI-WISCONSIN TELEPHONE COMPANY.

AN ORDINANCE

To authorize the Wisconsin Telephone Company to lay and maintain under ground cables and wires, and for other purposes.

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

Section 1. There is hereby granted to the Wisconsin Telephone Company and to its successors and assigns, permission and authority for a period of twenty-five years to lay and maintain in and through all of the public streets

Rights granted to lay wires, etc., for twenty-five years.

ground.

and alleys and squares of the city of Milwaukee under ground conduits, cables and wires with all necessary manholes and house connections with power to erect and maintain poles for such connections, and to do all other things necessary to accomplish the purpose set forth in this ordinance. All wires, cables and poles now owned or operated by said company in the territory lying west of Milwaukee street to the Milwaukee river and south of the Telephone Exchange building, 424 Broadway, to said Milwaukee river, shall, on or before the first day of January, 1890, be removed, and said wires and cables shall, when so removed, be removed to and placed in the underWhen wires may be ground conduits hereinbefore mentioned. Whenever, ordered under after the first day of January, 1890, the chief of the fire department shall duly recommend to the common council that the wire, wires, cable or cables and poles operated over ground in any portion of said city, and owned and operated by said company, are dangerous to life and property and should be placed under ground in such conduits, the common council may by resolution or ordinance, from time to time, direct the removal of said wires, cables and poles mentioned in the recommendation of said chief of the fire department, and provide that said wires and cables so removed shall be placed in the conduits hereinbefore mentioned; a reasonable time, however, shall in every case be allowed for such removal. It is hereby further provided that the said common council may, by a vote of two thirds of all the members-elect, without the recommendation of the said chief of the fire department, by resolution or ordinance direct such over ground wires, cables and poles to be removed, and said wires and cables to be placed in under ground conduits hereinbefore provided for. It is hereby further provided that the said telephone company shall not, because of any pecuniary consideration or otherwise, allow the said under ground conduits or any portion thereof, hereinbefore provided for, to be used except to contain wires and cables belonging to and operated by said telephone company for the transmission of telephone messages only the wires and cables belonging to and operated by the city of Milwaukee for the same purpose.

Conduits to be laid

Section 2. All conduits laid and work performed under under directions this ordinance in any of the public streets, alleys or public

of B. P. W.

places of said city, shall be upon notice to the board of public works and under its immediate supervision and con

restored.

trol, and the said streets, alleys and public places shall be
restored as nearly as practicable to the condition in which
they were before said work was commenced, and to the
satisfaction of the said board of public works. And when- Streets to be
ever in constructing or laying any conduit, electric con-
ductors, or making excavations therefor, or in making any
connection contemplated in this ordinance, or making
any repairs to said conduits from time to time, it becomes.
necessary to interfere with or disturb any street, alley,
pavement, sidewalk or public places, the same shall be
replaced and restored as hereinbefore provided, at the
cost and expense of said Wisconsin Telephone Company,
its successors or assigns, under the supervision and direc-
tion of the board of public works as aforesaid; provided,
however, that no public sewer, gas main or public water
pipe, shall ever be disturbed.

Section 3. In every underground conduit constructed by the company, sufficient and necessary space for four cables shall be reserved free of cost, charge or expense, for the use thereof to the city of Milwaukee and for the use of the police and fire departments of said city, and for the telephone wires belonging to said city, and the city fire and police departments and board of public works shall be allowed free access to the conduits reserved to said city at all times, and said department shall be allowed facilities and privileges in putting in or taking out wires equal in all respects thereto to those of the Wisconsin Telephone Company.

Section 4. The said Wisconsin Telephone Company, its successors or assigns, shall within fifteen days from the passage and publication of this ordinance, file with the city clerk of the said city, its acceptance in writing of all the terms and conditions of this ordinance, with which written acceptance shall be in such form as shall be satisfactory to the city attorney of the said city, who shall endorse thereon his approval of the form of acceptance; provided, however, that if such acceptance shall be filed within the time herein limited that from and after such time said ordinance shall have no further force or effect.

Space to be reserved in conduits for four city cables.

Written acceptance

to be filed with

city clerk.

Section 5. This ordinance shall cease and determine Bond. and become absolutely void, if the said Wisconsin Telephone Company, its successors or assigns shall fail within fifteen days after the passage of this ordinance, to execute

Right to amend.

and deliver to the comptroller of the city of Milwaukee, a bond in the penal sum of twenty-five thousand dollars, with surety or sureties satisfactory to the mayor and comptroller of the said city, and approved as to form by the city attorney of said city and conditioned that it will indemnify and save harmless the city of Milwaukee, and from all damages which may accrue, or which may in any way arise or occur out of the exercise by the said Wisconsin Telephone Company, its successors or assigns, of the privileges herein granted. Said bond shall be further conditioned by the faithful compliance by said company with all of the terms and provisions of this ordinance, and shall be renewed and increased from time to time upon a resolution of the common council directing them to do so. This ordinance does not in any sense grant to said telephone company an exclusive right to lay wires in under ground conduits.

Section 6. All ordinances and parts of ordinances not conforming to the provisions of this ordinance are hereby modified, superseded or repealed to the extent that the true intent and meaning of this ordinance may be carried into effect.

Section 7. The common council reserves the right to at any time modify, alter or amend the provisions herein contained.

Passed March 25, 1889.

Wires in certain

districts to be placed underground.

190-AN ORDINANCE

To compel the Wisconsin Telephone Company to lay and maintain under ground cables and wires, to use cables in certain places instead of single wires, and for other purposes.

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

Section 1. The Wisconsin Telephone Company, its successors and assigns, are hereby ordered, directed and authorized to place all of its wires now on poles in the streets and alleys of the city of Milwaukee, within the district and upon the streets and alleys mentioned in section 2 of this ordinance, in under ground conduits, and for that purpose, they are hereby given permission and

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