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far as it is (or may hereafter be) authorized by law, contract or arbitration so to do.
Section 3. Also commencing at the western city limits State street. and State street, thence east on State street to State street State street bridge. bridge, thence east across State street bridge to Martin Martin street. street, thence east on Martin street to Broadway.
Broadway. Section 4. Also commencing at the southern limits of Logan avenue, the city on Logan avenue, running thence north on
and bridge to Logan avenue to Lincoln avenue, thence west on Lincoln
westerly city avenue to the easterly approach of Lincoln avenue bridge, limits. thence westerly along said bridge to the westerly approach thereof, thence along said westerly approach, thence westerly on Lincoln avenue to the western limits of the city.
Also commencing at the intersection of Lincoln avenue Lincoln and First and First avenue, running thence north on First avenue to avenues, First
avenue viaduct the First avenue viaduct, thence along said viaduct to
and bridge, Sixth First avenue bridge, thence along said First avenue street bridge and
viaduct, Sixth bridge and First avenue to the Sixth street bridge, thence
street, Clybourn along and across Sixth street bridge and the Sixth street street, Fifth street,
Prairie street, viaduct to Sixth street, thence north on Sixth street to
Sixth street, Clybourn street, thence casterly and northeasterly on
Locust street, Clybourn street to Fifth street, thence north on Fifth Seventh street. street to Prairie street, thence west on Prairie street to Sixth street, thence north on Sixth street to Locust street, thence west on Locust street to Seventh street, thence north on Seventh street to the nornhern limits of the city.
Also commencing at the southern limits of the city on Eighth avenue, Eighth avenue, running thence north on Eighth avenue
nue, Sixth avenue. to Greenfield avenue, thence east on Greenfield avenue to Sixth avenue over the tracks of the Milwaukee Electric Railway & Light Company to Sixth avenue, upon paying Joint use of tracks. or securing to be paid to the Milwaukee Electric Railway & Light Company a just and adequate compensation for the use of said roadbed, to be agreed upon between the said two companies in the same manner and under the same conditions as above provided. Thence north on Park street, First Sixth avenue to Park street, thence east on Park street to First avenue; provided, however, that said Milwaukee & Waukesha Electric Railway Company shall locate its No interference tracks at Fifth and Clybourn streets, in such a manner as with Ry. tracks
permitted. not to foul or interfere with the tracks of the Chicago, Milwaukee & St. Paul Railway Company as now laid.
Section 5. Also commencing at the northern limits of Cambridge ave- the city on Oakland avenue, running thence south and nue, Brady street, Warren avenue,
southwesterly on Oakland avenue to its intersection with Webster place, Cambridge avenue, thence south on Cambridge avenue Lyon street, Van Buren street,
to Brady street, thence west on Brady street to Warren Knapp street, avenue, thence southwest on Warren avenue to Webster Broadway, Michi
place, thence west on Lyon street to Van Buren street, gan street, Milwaukee street, thence south on Van Buren street to Knapp street, thence Chicago street,
west on Knapp street to Broadway, thence south on Broadway and bridge, South Broadway to Michigan street, thence east on Michigan Water street, street to Milwaukee street, thence south on Milwaukee Lake street, Barclay street, street to Chicago street, thence west on Chicago street to Florida street, Broadway, thence south on Broadway to the northerly First avenue.
approach of Broadway bridge, thence along said approach to Broadway bridge, thence along and across said Broadway bridge to the southerly approach thereto, thence along the southerly approach of Broadway bridge and South Water street to Lake street, thence westerly on Lake street to the intersection of Barclay street, thence south on Barclay street to the intersection of Florida street, thence westerly on Florida street to the intersec
tion of First avenue. Humboldt avenue,
Section 6. Also commencing at the northern limits of Racine street and the city on Humboldt avenue, running thence south on Water street, Cass Humboldt avenue to the northerly approach of Racine street, Lyon street bridge, thence along said approach to Racine street street.
bridge, thence along and across Racine street bridge to the southerly approach thereto, thence along said approach to the intersection of North Water street and Racine street, thence west and southweston North Water street to Cass street, thence south on Cass street to
Lyon street. Sixth street, Hadley
Also commencing at the intersection of Sixth street street.
and Hadley street, thence west on Hadley street to the
western limits of the city. Lloyd street,
Also commencing at the intersection of Lloyd street Twenty-fourth and Sixth street, running thence west on Lloyd street to street, Brown
Twenty-fourth street, thence south on Twenty-fourth street.
street to Brown street, thence west on Brown street to the
western limits of the city. Notice of opening
Section 7. At least twenty-four hours before the openstreet to be given. ing of any street or public place, the said corporation shall
notify the board of public works or such other officer or
officers or department or departments of the city of Milwaukee as may hereafter perform the duties of said board of public works, in writing, of such intention, stating the street where and the object for which such 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 complete the restoration of the street and pavement to be in as good condition as before disturbed. Said corporation and its servants and its Orders of B. P. W. employes shall be under the supervision and direction of to be complied
with. the board of public works or its authorized agent, and shall promptly comply with any order of such board or agent of the said common council in reference thereto. Nor shall any street, avenue or public place be allowed to remain open, incumbered or obstructed for a longer period than shall be actually necessary to execute the work for which the same has been opened, and in all cases where the work requires the exercise of skill, as the laying or relaying of pavements and all other necessary work, and the said corporation shall employ none but skilled 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 agents, 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 Milwaukee & Waukesha Electric Railway Company or its assigns, under the supervision and direction of the board of public works, and no public sewer or water pipe shall be tapped or any sewer or water connections made therewith by the said corporation unless a permit therefor shall be duly issued in the manner provided by law.
Said corporation shall, within thirty days after the Bond to be filed--passage and publication of this ordinance, execute to the conditions. city of Milwaukee and file with the city clerk of the said city of Milwaukee, a good and sufficient bond in the penal sum of one hundred thousand dollars, to be approved as to form and execution by the city attorney, with two or more sureties satisfactory to the mayor of said city, conclitioned to pay all damages which may in any manner arise either to the city or any individual on account of the non-fulfillment of any of the provisions of this ordinance,
and that work on said road shall be commenced and said road built and operated as provided in this ordinance, unless delayed by order or injunction of some court of competent jurisdiction, not obtained by the consent, procurement or connivance of the grantee; and in that event only such delay as shall be actually occasioned by such order or injunction shall be deducted from the time allowed for the commencing and building of said road a: the case may be.
But nothing herein contained shall be construed as authorizing any delay in completing any such work on account of any such injunction or order except on such portion of said road the work on which is actually enjoined and restrained, and in such case it shall be the duty of the grantee herein to commence work of construction on some other portion of the road herein authorized to be constructed, the actual construction of which shall not be enjoined. And the city of Milwaukee shall at all times be permitted to intervene in any suit wherein any such injunction or order shall have been asked for or granted whenever in the opinion of the common council of said city it shall be deemed advisable
so to do. Work to be com
Section 8. The said corporation hereinbefore menmenced within tioned, its successors and assigns, shall commence in good ninety days.
faith the construction of said railway mentioned in the preceding section within ninety days after the passage of this ordinance, and construct and operate at least ten miles of double track per year exclusive of roads and track used by said Milwaukee & Waukesha Electric Railway Company belonging to and owned by the Milwaukee Electric Railway & Light Company until said
road shall be built and completed. Account of cost of
And the said corporation, the grantee herein, shall keep construction to accurate itemized account of all moneys actually be kept.
expended in, for and about the construction of its said road, the cost of the real estate, buildings, machinery, dynamos, cars and all and any appurtenances appertaining to and necessary for the operation of an electric street
railway of the system proposed to be used by said grantee, Semi-annual
and shall make semi-annually to the common council a reports to be verified statement thereof, and of all moneys so expended, made to common which said statement shall further include the gross cash council.
receipts and disbursements, as well as the liabilities of each
and every kind, nature and description of said grantee, the source from whence moneys were received, for what purposes expended, and all to be in such form as said common council shall from time to time require. And in case the said Milwaukee & Waukesha Electric Railway Assignee of grantee Company, the said grantee, shall at any time sell to or con- to comply with
same conditions. solidate with or the control thereof shall pass
into possession of any other street railway company or person, then all the privileges and franchise in this ordinance contained shall thereupon revert to the grantor herein, unless the person or corporation obtaining such ownership or control shall in all respects comply with the provisions of this section regarding the whole of his or its property or possessions of a similar kind or nature. And provided, Bonds not to be that under no circumstances whatsoever, shall the grantee
issued in sum
greater than cost herein, its successors or assigns, issue bonds upon or in of road. any manner incumber the road herein authorized to be built, in a sum greater than the amount the said road, with its real estate, power houses, machinery and appurtenances, shall actually cost to construct and acquire; and in case said grantee shall violate the foregoing condition, then and in that case, all the rights and privileges granted in this ordinance shall cease and determine and revert to the grantor herein.
Section 9. The said Milwaukee & Waukesha Electric Overhead electric Railway Company, its successors and assigns, is hereby system autho
rized. authorized to operate its cars by means of power produced by electricity conducted upon wires suspended over and above its tracks and along the streets where it is authorized to maintain a street railroad or to erect and maintain the necessary plant, machinery and power houses for the purpose of generating such electric power, and to erect and maintain in and along the streets and alleys of the city of Milwaukee and under any river in the city of Milwaukee the necessary poles, wires, cables and fixtures for the purpose of conducting and applying the power to be used as aforesaid.
The poles to carry the wires of said electric railway Poles-kind of, shall be constructed of iron in a neat and ornamental and how set. manner, and shall be placed at the curb line of the street, and shall always be kept neatly painted by said company, and shall not be set at less distance than one pole in every one hundred and twenty-five feet, except at intersections