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of streets, and the wires shall be conducted at not less

than eighteen feet above the surface of the street. Feeder wires to be Should said company use in connection with said underground.

system any supplementary or feeder wires, such supplementary or feeder wires shall be laid under ground. All wires used to conduct electric current shall be constructed with a parallel metallic circuit and all work hereby

authorized shall be done to the satisfaction of the board of Horses, when used. public works. The said company may use horses to pull

its cars temporarily, or in case of emergency. Track-construc Section 10. The tracks of said railway shall not be tion of, and kind elevated above the street, and shall be laid with modern of rail.

improved rails in such manner that carriages and other vehicles can easily and properly cross said streets in all directions, and as near together as practicable. The raii to be used shall be a continuous rail, the pattern of which shall be satisfactory to the board of public works of the

city of Milwaukee. Streets to be kept

The said corporation, its successors and assigns, shall in repair. keep in good and thorough repair, at its own cost and

charge, so much of all streets upon which said railway may be operated as lies between the two outside rails and one foot therefrom towards the curb line, and of the same material of which the street may be composed at the time

when such repairs shall become necessary. The said Pavement to be laid.

company shall lay any new pavement between the two outside rails and one foot therefrom towards the curb line at any time when the city of Milwaukee lays and new pave

ment on any streets along and over which the company Powers of B. P. W. may operate its said lir

may operate its said lines. The necessity of such repairs and new pavement to be determined by the board of public works, and the said repairs and new pavement shall be made without unnecessary delay, after notice to do said work has been given by the board of public works. Should said Milwaukee & Waukesha Electric Railway Company fail to do said work within such reasonable time, then the board of public works is hereby authorized and directed to cause such repairs and construction to be made at the expense of the said Milwaukee & Waukesha Electric Railway Company, and the said Milwaukee & Waukesha Electric Railway Company shall save harmless the said city from any loss or damage which it may incur or become liable for by reason of the malfeasance or non

feasance of said grantee, its successors and assigns, in respect to the duties and conditions of this ordinance imposed upon said Milwaukee & Waukesha Electric Railway Company.

Section 11. The rate of fare upon said railway for dis- Rate of fare — tances between its terminal points or any part thereof, tickets. including any extensions which may hereafter be built and operated within said city by said company, shall not exceed five cents, except where cars or carriages shall be chartered for a special price, and said company is hereby obliged to sell to all persons desiring the same six tickets for the sum of twenty-five cents, twelve for the sum of fifty cents and twenty-five for one dollar, each of which tickets shall be received as a fare by said company, and such tickets shall be kept for sale by all conductors on the cars of said company. One ticket or fare shall entitle any person to ride from any point on the railroad hereby authorized to be built to any other point on said road in said city, and to carry this provision into effect a convenient system of transfer shall be established by said company.

And it is further provided that the said company is Special rates hereby obliged to sell to all persons desiring the same, during certain

hours. eight tickets for the sum of twenty-five cents, each of which tickets shall be received as a fare by said company between the hours of six and seven A. M. and between the hours of five-thiry and six-thirty P. M. of each day, and such tickets shall be kept for sale by all the conductors on the cars of said company. One ticket or fare shall entitle any person to ride from any point on the railroad hereby authorized to be built to any other point on said road in said city if tendered by any person for passage within the time above limited, in accordance with such transfer rules as may be adopted by the grantee herein, and approved by the common council.

And the said company shall abide any proper regulation Exchange of of the common council whereby the tickets of one rail- tickets. way company in the city may be accepted and honored by any other railway company doing business in said city.

Before any car or carriage shall be used or operated on License fee. said railway, said grantee, its successors and assigns, shall pay to the city of Milwaukee for each said car or carriage

Indemnity for damages.

used thereon, such annual license fee as may be provided by ordinance respecting street railways in said city.

Section 12. The company herein named shall forever indemnify and save harmless the city of Milwaukee against and from all and any legal damages, judgments, decrees or costs and expenses of the same which it may suffer or which may be received or obtained against said city for or by reason of or growing out of or resulting from the exercise by said company of the privileges hereby granted or from any act or acts of said company, its servants or agents under or by virtue of the provisions of this ordinance.

Section 13. The said company shall not run or operate any car or carriage over the Sixth street viaduct, so-called, being the north approach to Sixth street bridge, nor upon the south approach to said bridge, until it shall at its own cost, under the direction of the board of public works and the city engineer of the city of Milwaukee, widen or strengthen, or both widen and strengthen, the said viaduct and the said south approach thereto as the operation of street cars thereon and the safety of travel may require, and as shall be determined by said board of public works and said city engineer. All of which work shall be done and performed to the entire satisfaction of said board of public works and said city engineer. All other necessary approaches to said Sixth street viaduct shall be built and maintained by said company at its own proper cost and charge. And in case the widening and strengthening of said viaduct shall cause any additional expense in the maintenance thereof, which now by law is required to be done by the Chicago, Milwaukee & St. Paul Railway Company, and it shall be determined by any court having jurisdiction thereof that the whole or any part of the expense of such maintenance shall not be chargeable to the said Chicago, Milwaukee & St. Paul Railway Company, then and in that case all the expense of maintaining and keeping in repair said Sixth street viaduct and the approaches thereto which shall not be paid for by the said Chicago, Miluaukee & St. Paul Railway Company, shall be paid and borne by the said Milwaukee & Waukesha Electric Railway Company, and the bond hereinafter provided for shall be so conditioned as to require said Milwaukee & Waukesha Electric Railway Company to

Sixth street

viaduct to be strengthened.

Conditions of bond.

assume so much of the burden of maintaining and repairing said Sixth street viaduct and the approaches thereto as the said Chicago, Milwaukee & St. Paul Railway Company shall not be required to pay. It being the intent and understanding of this section and condition that under no circumstances shall the city of Milwaukee become liable for any other or further expense in the maintenance and repair of said viaduct and the approaches thereto than are now provided for by an ordinance passed April 15, 1878, and in case said viaduct or any approach thereto shall break or become through any means unsafe for travel or operation of cars thereon, the same shall forthwith be rebuilt by the said Milwaukee & Waukesha Electric Railway Company within the time to be fixed by the city engineer and under his direction, and the bond hereinbefore referred to shall be conditioned accordingly.

Section 14. The said company shall, at its own cost First avenue via. and expense, widen and strengthen the First avenue duct to be viaduct, so-called, and approaches thereto in such manner

strengthened.

Stre and within such time as the board of public works and the city engineer of the city of Milwaukee shall decide that public safety or the convenience of travel demands, and in case the widening and strengthening of said First avenue viaduct, so-called, together with the approaches thereto, shall cause any additional expense in the maintenance thereof, which now by law is required to be done by the Chicago, Milwaukee & St. Paul Railway Company, and it shall be determined by any court having jurisdiction thereof that the whole or any part of the expense of such maintenance shall not be chargeable to the said Chicago, Milwaukee & St. Paul Railway Company, then and in that case all the expense of maintaining and keeping in repair said First avenue viaduct and the approaches thereto which shall not be paid for by the said Chicago, Milwaukee & St. Paul Railway Company shall be borne by the said Milwaukee & Waukesha Electric Railway Company, and the bond hereinafter provided for Conditions of bond. shall be so conditioned as to require said Milwaukee & Waukesha Electric Railway Company to assume so much of the burden of maintaining and repairing said First avenue viaduct and the approaches thereto as the said Chicago, Milwaukee & St. Paul Railway Company shall not be required to pay. It being the intent and under

standing of this section and condition that under no circumstances shall the city of Milwaukee become liable for any other or further expense in the maintenance and repair of said viaduct and the approaches thereto than are now provided for by a resolution passed August 3, 1885, and in case said viaduct or any approach thereto shall break or become through any means unsafe for travel or operation of cars thereon, the same shall forthwith be rebuilt by the said Milwaukee & Waukesha Electric Railway Company within the time to be fixed by the city engineer and under his direction, and the bond hereinbefore referred to shall be conditioned accordingly.

Certain ordinances repealed.

Section 15. All ordinances or parts of ordinances of the city of Milwaukee conferring authority upon any person, company or corporation to construct and operate any street railroad or railroads upon the parts or portions of the streets over which the said Milwaukee & Waukesha Electric Railway Company is hereby authorized to build its road, and under which such person, company or corporation has failed to build and operate its road or roads within the time specified in said ordinance or parts of ordinances, and up to the present time has failed to operate and build such roads, are hereby repealed.

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Section 16. And it is further provided, and this ordinance is granted to the Milwaukee & Waukesha Electric Railway Company, its successors and assigns, upon the express conditions that the city of Milwaukee may at any time, after the expiration of ten years, purchase the said street railroad, for the operation of which the above ordinance is granted, by paying for the same the price to be agreed upon between the said company, its successors and assigns, and the city of Milwaukee. And in case of failure to agree upon the amount within sixty days after written application by said city of Milwaukee to said Milwaukee & Waukesha Electric Railway Company has been made for the purchase of said road, a copy of which application shall be served on the secretary of the said company, then such compensation and price shall be determined by arbitration. The said city of Milwaukee, by its mayor, shall appoint two persons as arbitrators, and the said Milwaukee & Waukesha Electric Railway Company shall appoint two persons, and the four persons so appointed shall appoint a fifth, and the five persons so

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