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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 ground.

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

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- restored.
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

Space to be reby the company, sufficient and necessary space for four served in concables shall be reserved free of cost, charge or expense,

duits for four

city cables. 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, written acceptance its successors or assigns, shall within fifteen days from to be filed with the passage and publication of this ordinance, file with city clerk. 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.

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

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.

Right to amend.

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

Passed March 25, 1889.

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

Wires in certain districts to be placed under. ground.

authority to lay and maintain in and through all such streets and alleys of the city of Milwaukee, such under ground conduits, with all the necessary manholes, poles and house-connections, and to do all things necessary to accomplish such purpose.

Section 2. The streets, alleys and squares referred to in section 1 (in addition to the streets, alleys and squares in which the said company has heretofore passed its under ground conduits in accordance with an ordinance passed March 25, 1889), are as follows:

Ist. From the central office, 424 Broadway, through the alley lying between Broadway and Milwaukee streets, north to Biddle street; on Biddle street east to Astor street; on Astor street, north to Knapp street; on Knapp street, east to Franklin street; on Franklin street, north to Farwell avenue; thence on Farwell avenue to Albion street.

2d. From Mason street, through the alley between Broadway and East Water street, north to Biddle street; west on Biddle street to the alley between Market and East Water streets; north through said alley to Johnson street, and under the river to the center of Third and Prairie streets.

3d. From the river, opposite Mason street, to West Water street; thence northerly, via West Water and Third streets, to Walnut street.

4th. On Chestnut street, from Third street to a point about half way between Fifth and Sixth streets.

5th. From Second street, in the alley between Wells street and Grand avenue, west to Eighth street, north on Eighth to Wells street; thence west on Wells street to Thirty-fifth street

6th. From the river, in the alley between Clybourn and Fowler streets, west to Fifth street, north on Fifth to Clybourn street, and west on Clybourn to Sixth street.

Section 3. The said Wisconsin Telephone Company, Wires to be reis successors and assigns, are hereby ordered and directed moved, aerial

cables substito remove its wires now running upon the streets and

tuted. alleys hereinafter mentioned in this section, and substitute therefor aerial cables, and for such purpose are hereby authorized and directed to string such cables in said streets, upon its poles, as follows:

From Johnson street to Ogden avenue, via East Water and North Water streets.

On Sixth street, from Clybourn southerly, across the Menominee river, over such streets and ways as the chief engineer of the fire department may determine.

Better equipment

Section 4. On such other streets, alleys and public may be required. places not mentioned in the preceding sections, over

which the lines of said company now run, or may hereafter be extended, the said Wisconsin Telephone Company, its successors and assigns, are hereby ordered, directed and authorized to replace its present telephone poles and wires by other and better construction and equipment, whenever the public interests shall require.

Space to be reserved in conduits for city cables.

Section 5. In every under ground conduit hereby authorized to be constructed by said company, sufficient and necessary space shall be reserved free of cost, charge or expense, for the use thereof, to the city of Milwaukee, and for the use of the fire and police departments of said city, and for the telephone wires belonging to said city, and upon every pole heretofore or hereafter to be erected by said Wisconsin Telephone Company, there shall be a sufficient space reserved at the top of said poles for the wires and fixtures of the fire and police departments of said city, free of cost, charge or expense to said city of Milwaukee.

All work to be

Section 6. All work performed under this ordinance under control in any of the public streets, alleys or public places of said of B. P. W.

city, shall be upon notice to the board of public works, and under its immediate supervision and control, 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 whenever, in constructing or laying any conduits, electric conductors, or making excavations therefor, or in making any connection contemplated in this ordinance, or in making any

repairs to said conduits, from time to time, it becomes Streets, etc., to be necessary to interfere with or disturb any street, alley, restored. pavernent, sidewalk or public place, the same shall be

replaced and restored as hereinbefore provided, at the cost and expense of said company, its successors or assigns, under the supervision and direction of the board

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