The Wisconsin tobacco reporter. (Edgerton, Wis.) 1877-1950, 1901-08-16


The Mayor and Common Council of the city of
Edgerton, do Ordain as follows:
Section /. James Walsh his successors or
assigns is hereby granted for the full term of
| thirty years from and after the passage of this
ordinance the right to construct and operate
a street railway for the carriage of passengers
with single track and all necessary switches,
side tracks, turn-outs, wyes poles wires
curves and other fixtures in and along and
upon the following streets, tOwit:
Beginning at a point on the EdgertOn and
Albion road where the northerly line of the
city limits of EdgertOn interSectS the same:
thence SOutherly on said road to Randolph
street; thence SOutherly on Randolph street to
Albion street; thence SOutherly on Albion
street to Fulton street or Front street; thence
westerly on Front or Fulton street to Head
street: thence nOrtherly on Head street to
ROllin street, thence westerly on Rollin street
to the StOughtOn road thence nOrtherly on
said StOughtOn road to the city limits; also,
commencing at the intersection of ROllin street
and Albion street running thence easterly on
ROllin street to Catlin street; then westerly on
Catlin street to Main street, running thence
sOutherly on Main street or the cemetery road,
| to the city limits; ALSO commencing at the in
terSectiOn of Catlin street and Fulton or Front
street, running thence eaSterly on Fulton or
Front street to the MELVILLE road; thence on
the MELVILLE road to the city limits: and over
and along such other streets and avenues in
said city as may from time to time be agreed
upon between the said James Walsh and his
| successors and assigns and the said city of Ed
gertOn.
Section 2. The mode and manner of con-
STRUGGLING said railway shall be as follows:
The track shall be laid with rails of the Tee
pattern along such location of said streets as
| the said James Walsh, his successors and as
signs shall designate and the common council
shall approve, and shall be laid and maintained
at the present established grade of said
streets or avenues, over which it shall pass
and in case at any time the city of EdgertOn
| shall change the grade of any street, said
James Walsh, his successors or assigns. shall
change the grade of the track to correspond
| with such new grade at his or their own eX
pense and without any claim against the city
| for any damage resulting from such change of
| grade. The rails of such track shall be laid in
| such a manner as to be of as little imDediment
as practicable to the free and ordinary use of
| the streets and avenues and the passage of
| wagons, and other vehicles on or across said
| track at any point and in any and all direc-
| tiOns. and with such suitable cutters at any or
| all necessary points so as to permit the free
| flow OF water falling or accommodating on said
! streets. At all street crossings where there is
no paving the track shall be SO planked or
| otherwise constructed as to make safe and con-
| ven1ent crossings for all kinds of vehicles as
| we'll as pedestrians, and such crossings shall
be maintained by the said James Walsh, or
| his assigns, in constant good repair. When
| ever the city of EdgertOn shall pave or other
| wise improve any street or streets over which
I said track or tracks shall pass, the said James
! Walsh, his successors or assigns, shall pay the
| actual cost OF such paving or improving for a
space or fourteen feet, and the cost and expense
OF such portion of said pavement or improve
| ment may be assessed to and become a charge
and lien against the property of said James
Walsh or his assigns, and cOllectable in the
same manner as prescribed by law for the
| collection of special assessments against real
| property fronting any street or streets
| where a sidewalk has been ordered to be laid
| by said common council or such cost and eX-
| pense may be recovered by an action against
| said James Walsh, or his assigns at the option
OF the common council; provided, however,
| that nothing herein contained shall be con-
| strued to require the said James Walsh, or his
| assigns, to do any of said paving or to be to
any expense for paving or otherwise until the
q n no cold Sc,
| ton and that the acceptance of this franchise
by the said James Walsh shall not be con-
| strued as an agreement on his part or on the
part or MS successors or assigns, to pay any of
| the expense of paving in said city until said
| railway shall be constructed through said city
and be in operation. The guage of said railway
| tracks shall be four feet eight and one half
| inches. Any part of any street over which
| said track shall pass outside the limits herein
required to be paved or improved by the said
| James Walsh, his successors or assigns, which
| shall be eXcaVated or disturbed in the con-
struction of said track shall be restored as soon
| as possible to it's former condition of useful
| ness. All eXcavated earth. rubbish or debris
| accumulated during the construction of the
track shall be promptly removed from the
| track, and care shall be taken in the cOnStruc-
| ton of the track not to ObStruct travel upon
| the streets. On streets not paved all cross
| walks Which shall be taken up in the cOnstruc-
| ton of the track. shall be promptly relaid with
| the same or similar material and restored to as
| good condition as before
| Sections Said railway shall be operated
4
| other motive power approved by the common
| council except steam motive power; and said
| James Walsh, his successors or assigns, shall
| nave the right to erect all necessary poles and
| other mechanical cOntrivances for the purpose
| or furnishing motive power for the running
| and operating of said road.
| SectiOn4. Said James Walsh his successors
| or assigns, shall place and maintain thereon
| approved motor cars, equipped with all mod
ern conven1ences for the comfort of fassen-
| gers: shall light the same at night and prop
| erly heat the same suitable to the condition of
| the weather. Each motor car shall unless the
common council otherwise prescribe, be pro
| vlded with a headlight which shall be kept
| burning after sunset, and with a gong or bell
| for danger signals.
Sections. Said James Walsh, his successors
| or assigns, Will take the rights and privileges
herein granted subject to the right of the city
| OF Edgerton TO orda1n and establish such rea-
| SOnable regulations as the common council
| may from time to time prescribe
| Section g. The rate of fare for carrying pas
| SengerS upon said railway shall not 2vceed
tive cents for single fare from any point up n
| SAID route within the said city of Edgerton in
one direction and shall not exceed three cents
| per mile from any point in said city to any
| point outside the limits of said CITY,
Section z. Said James Walsh his successors
| or assigns, shall keep the part of the streets
| used or occupied by them Including space be-
tween Tween u. Ine tracks at switches, free and clean
| from DIRT or snow or ice or other debris and in
| removing snow shall level the same so as not
! to obStruct or interfere with the free use of
| said streets In case the city fire hose or other
| fire apparatus shall at any time be upon the
track of said railway, cars shall be operated so
| not to inJure the same or interfere with the
! fire department. in the performance of it's du-
| ties.
| Section s. Cars belonging to said railway
| shall be entitled to the track, and any vehicle
| or vehicles upon such track shall turn out at
the approach of any car, so as to leave the
| track unObStructed.
| Section9. The city of Edgerton reserves the
| right to grant to any other person, company
| or corporation operating a street railway the
| right to cross the track of said railway upon
! such terms the common council may deem
| just and equitable, and in case the owners Of
said railway shall fail to come to an agreement
| between themselves.
| Section TO- The construction of said railway
hereby provided for shall be begun within two
years and be completed and in operation not
later than three years from the date of the
passage of this ordinance; otherwise, the grant
herein created may be declared null and void
by the common council unless the completion
OF said railway is prevented by strikes or legal
proceedings or matters beyond the control of
SAID James Welsh, his successors or assigns.
Section II. Whenever the common council of
the city OF Edgerton shall grant to any person
the right to move building over along the
streets in which said railway shall be laid, the
| owner OF said building, or the person moving
the same, shall be required to move the same