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 as 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.

Section 8. The said corporation hereinbefore mentioned, its successors and assigns, shall commence in good 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.

And the said corporation, the grantee herein, shall keep an accurate itemized account of all moneys actually 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, and shall make semi-annually to the common council a verified statement thereof, and of all moneys so expended, which said statement shall further include the gross cash receipts and disbursements, as well as the liabilities of each

And in

Assignee of grantee to comply with

same conditions.

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. case the said Milwaukee & Waukesha Electric Railway Company, the said grantee, shall at any time sell to or consolidate 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 herein, its successors or assigns, issue bonds upon or in 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 Railway Company, its successors and assigns, is hereby 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.

issued in sum greater than cost of road.

Overhead electric system autho

rized.

and how set.

The poles to carry the wires of said electric railway Poles-kind of, shall be constructed of iron in a neat and ornamental 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

Feeder wires to be underground.

of streets, and the wires shall be conducted at not less than eighteen feet above the surface of the street.

Should said company use in connection with said 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-construction of, and kind of rail.

Streets to be kept in repair.

Pavement to be laid.

Section 10. The tracks of said railway shall not be elevated above the street, and shall be laid with modern 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 rai 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.

The said corporation, its successors and assigns, shall 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 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 pavement on any streets along and over which the company Powers of B. P. W. 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.

tickets.

Section 11. The rate of fare upon said railway for dis- Rate of fare— tances between its terminal points or any part thereof, 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 hereby obliged to sell to all persons desiring the same, 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.

Special rates during certain hours.

tickets.

And the said company shall abide any proper regulation Exchange of of the common council whereby the tickets of one railway 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 said railway, said grantee, its successors and assigns, shall pay to the city of Milwaukee for each said car or carriage

License fee.

Indemnity for damages.

Sixth street viaduct to be strengthened.

Conditions of bond.

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, Milwaukee & 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