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bounded by Hanover street from Menominee river to Florida street; thence east to the Milwaukee river, thence following the said rivers to the place of beginning.
Along the other streets and alleys of the city the said company may stretch its conductors upon poles; said conductors to be properly insulated; said poles to be of first quality, not to be more than one hundred and fifty feet apart, and shall in no case support the wires less than thirty-five feet in height, and shall be arranged so as to support the conductors along the sides of the street, and the circuits to be none other than metallic circuits. The city of Milwaukee shall at all times have the right and privilege to use the poles of said company for the purpose of stretching and maintaining thereon a line or lines of wires for the use of the fire department, the police department or any other department of the city government, without any compensation therefor.
Section 3. Whenever it may be found necessary in Pavements to be making any of the connections contemplated in this ordin- restored. ance, or in repairing the same, to interfere or disturb any street, alley, pavement or sidewalk, the same shall be replaced and restored by or at the expense of said company, its successors or assigns, under the supervision of the board of public works, but no sewer, gas or water pipe shall be disturbed for that purpose. Before opening any street, alley or other public place, the said corporation shall notify the board of public works in writing of such intention, stating the place where such opening is to be made, and shall comply with the directions of said board, or of the common council in reference to replacing the pavement of said street, alley or other public place, and shall employ skilled labor for that purpose.
Section 4. Nothing in this ordinance shall be construed as conferring any exclusive rights or privileges upon the Edison Electric Illuminating Company of Milwaukee, and unless said company shall within one year after the passage of this ordinance, in good faith, commence the construction herein provided for and hereby authorized, and shall within said time have constructed and in operation at least twenty-five miles of wire, then and in that case all rights and privileges herein granted shall be forfeited and of no effect. The common council of the city of Mil- Council may comwaukee shall have the right at all times to direct that the pel wires to be
placed in conwires of said company shall be placed in a conduit in any duits.
street in which a conduit is laid, and the company shall forthwith proceed to have the same placed in said conduit, and remove its poles from the street along which the conduit is laid; and the company shall have the same rights and powers in all respects as if the said wires were placed on poles; the said company, however, in carrying out the directions of the common council as contemplated in this section, shall have the right and option to build its own conduit on such streets and place and operate its wires therein.
Section 5. This ordinance shall not take effect unless the Edison Electric Illuminating Company of Milwaukee shall within ninety days after the passage of this ordinance have executed and delivered a bond to the city of Milwaukee in the penal sum of fifty thousand dollars ($50,000) with sureties satisfactory to the mayor and comptroller of said city, and approved as to form by the city attorney, conditioned to indemnify and save harmless the city of Milwaukee of and from all damages which may accrue
or which may in any way arise or ow out of the exercise To be renewed by said company of the privileges herein granted. The when council
bond above mentioned shall be further conditioned for orders.
the faithful compliance by said company, with all the terms and provisions of this ordinance, and shall be renewed every five years or oftener, and at any time and as often
as the common council of said city may desire. Conductors to be
Section 6. The Edison Electric Illuminating Company extended when of Milwaukee shall extend its conductors so as to supply ordered by council.
any light or lights that may be ordered by the common council of the city of Milwaukee, or the proper city officials, and shall supply the same in the streets and alleys in which the lines of conductors of such company are under ground at a price as agreed by contract, but not to exceed the maximum price of one light of 2,000 nominal candle power. Whenever the common council of the city of Milwaukee, or the proper city officials shall order any light or lights in any street, alley or public place, to which light may be conducted by wires stretched upon poles, then said company shall within thirty days put up and maintain such light or lights, of the power above men
tioned during the entire night every night in the year, at Maximum price for such price as may be agreed by contract, but not to exceed lights.
one hundred and fifty dollars per annum for each light of two thousand candle power. All the lights mentioned in this section shall run and be in operation from early twilight in the evening to daylight in the morning.
Section 7 All charges for standard lights furnished Charges to be by said company, except those furnished to the city, shall uniform. be uniform in price throughout the whole city, and in no case shall a higher price be charged by said company for such lights to any consumer in any part of the city than the lowest price for which the same number of similar lights is furnished by the company to any other consumer in any other part of the city.
Said company shall furnish lights to all persons who Lights to be fur. shall pay
for the same monthly and who shall reside upon nished to all who a street, alley or public way in which the conductors of pay monthly. said company are maintained.
Said company shall extend its conductors to any point Conductors to be upon any business street, and to any point upon any street extended, when. within the fire limits in said city so as to supply consumers whenever application shall be made therefor by not less than five resident consumers in every block of such street on such proposed extension; provided, such application shall be made in writing addressed to the company, signed by the proposed consumers, and shall specify the extension desired, the number of consumers in each block of such extension, and then locate by street numbers.
Whenever such an application shall be made to said Extensions to be company for an extension of its conductors, it shall be made within sixty
days. the duty of said company to make such extension within sixty days after such application shall be made; provided, that in case the proposed extension as required by this ordinance to be made under ground, that said company shall have ninety days after the frost is out of the ground to complete the extension. In case such company shall neglect or refuse to make
Forfeiture. such extension within the time hereinbefore mentioned, this ordinance shall thereupon become null and void, and all the franchises and privileges hereby granted shall cease and determine.
Section 8. The common council of the city of Milwau- Right to amend. kee expressly reserves the right to amend this ordinance at any time.
Section 9. The Edison Electric Illuminating Company Pooling prohibited. of Milwaukee shall not at any time pool or assign their interests nor consolidate with any other electric light com
pany which may have heretofore obtained or may hereafter obtain a franchise to do business in this city; and if said Edison Electric Illuminating Company of Milwaukee shall pool their interests or consolidate with any other illuminating company without the consent of the common
council, then this ordinance shall be null and void. Gas Company pro
Section 10. It is hereby expressly enacted that the Milhibited from ac- waukee Gas Light Company is prohibited from acquiring quiring interest.
any interest whatever in the said Edison Electric Illuminating Company of Milwaukee, and if the said last named company shall allow said Milwaukee Gas Light Company to acquire any interest whatever in said Edison Electric Illuminating Company of Milwaukee, then this ordinance
shall be null and void. Right reserved to
Section 11. Whenever the common council of the city purchase plant, of Milwaukee shall deem it to the interests of the city to etc.
purchase the property, rights and privileges of the said Edison Electric Illuminating Company of Milwaukee, as mentioned in the preceding sections of this ordinance, also all grounds, buildings, machinery and other property required to operate the electric plant, as mentioned above, it shall have the right so to do by paying 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 cannot agree, then the value of the said property of the Edison Electric Illuminating Company shall be settled by arbitration of three persons, one chosen by said corporation or company, and one by the common council of the city of Milwaukee, and the third by the two thus chosen, who the decision of such arbitrators shall be final and conclusive.
Passed October 7th, 1889.
ance granting certain rights to the Edison Electric
The mayor and common council of the city of Milwaukee do ordain as follows:
Section 1. Section 4 of an ordinance entitled, “An ordinance granting certain rights to the Edison Electric Illuminating Company of Milwaukee," passed October 7, 1889, is hereby amended by striking out the words "one year," where they occur in said section, and inserting in lieu thereof the words “one year and a half," so that said section as amended will read as follows: Section 4. Nothing in this ordinance shall be construed as confering any exclusive rights or privileges upon the Edison Electric Illuminating Company of Milwaukee, and unless said company shall, within one year and a half after the passage of this ordinance, in good faith, commence the construction herein provided for and hereby authorized, and shall within said time have constructed and in operation at least twenty miles of wire, then and in that case all rights and privileges herein granted shall be forfeited and of no effect. The common council of the city of Milwaukee shall have the right at all times to direct that the wires of said company shall be placed in a conduit in any street in which a conduit is laid, and the company shall forthwith proceed to have the same placed in said conduit and remove its poles from the streets along which the conduit is laid; and the said company shall have the same rights and powers in all respects as if the said wires were placed on poles, the said company, however, in carrying out the directions of the common council, as contemplated in this section, shall have the right and option to build its own conduit on such streets, and place and operate its wires therein.
Passed November 10, 1890.
Edison Electric Illuminating Company of Milwaukee,
The mayor and common council of the city of Milwaukee do ordain as follows:
Section 1. An ordinance passed Oct. 7, 1889, granting certain rights to the Edison Electric Illuminating Company of Milwaukee, is hereby amended by adding the following words to section 9 thereof, to-wit: “Provided Consolidation with nothing in this ordinance shall prohibit the Edison Elec- Badger Co. not tric Illuminating Company of Milwaukee from assigning
prohibited. its interests, or consolidating with the Badger Illuminating Company, and prorided, further, that this ordinance