The Wisconsin tobacco reporter. (Edgerton, Wis.) 1877-1950, 1901-11-15

upon the track OF said railway the cars
shall be stopped or track bridged so as not
to injure the same or interfere in anyway
with the fire department in endeavoring
to extinguish the fire
Sec. 8. The cars belonging to the owner
OF owners of said railway shall be en-
titled to the track and any vehicle or We
hices upon said track shall turn out at
the approach of said car so as to leave the
track unrestricted.
Sec. g. The city of Edgerton reserves
the right to grant to- any other person,
company or corporation, operating street
railway, the right to cross the track here
by established at grade, upon such terms
as the city council may deem just and
equitable, in case the owners of said rail-
ways shall fail to come to an agreement
by arbitration or otherwise between them
selves.
Sec. 10. Said P. L. Spooner, his heirs
or assigns, shall begin the construction of
the railway hereby provided for within
twelve months, and the same shall be
completed and in operation not later than
two years from the date of the passage of
this ordinance; otherwise the grant herein
created shall become null and void, unless
the completion of said railway is per-
verted by legal proceedings. The COM
mon council may, however, extend the
time for such completion if it is shown by
satisfactory proof that the work has been
prosecuted with vgor and that any de-
lay, was beyond the control of the said P.
L. Spnoner, his heirs and assigns.
Sec. II. Whenever the common coun-
Gil of the city of Edgerton shall grant to
any person the right to move building
over or 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 across
or along the tracks of said railway herein
provided for between the hours of twelve.
o'clock at midnight and five o'clock in the
forenoon, and the owner or owners of said
railway upon receiving reasonable notice
of such permit and satisfactory indemnity
for the costs and expense which it will
incur thereby, shall so elevate or temper
ariIy remove the wires of said railway so
across or along such streets or avenues.
Sec. II. The said P. L. Spooner, his
heirs or assigns, shall, within ninety days
after the passage of this ordinance, file
with the city clerk his or their acceptance
thereof in which he or they shall agree to
construct and operate said railway as
as herein provided; and at least thirty
days prior to the time excavation shall be
commenced for the construction of said
railway, P. LsSpooner, his heirs or as
signs, shall deposit with the city clerk
a bond for the sum of five thousand dol
lars with two SuretieS, each of whom shall
Justify in the sum of five thousand dollars
as security for the restoration of the streets
after the construction in the manner herein
provided for, and in case such restoration
is not made in the manner herein provided
for, said bond shall become forfeited as
! liquidated damages. And in case said
P. L. Spooner, his heirs or assigns, shall
restore said streets to their former con-
dition within a reasonable time, said bond
so deposited shall be delivered up to him
or them.
+ Sec. IS. Said P. L.Spooner, his heirs
or assigns, shall at all times defend, keep
harmless and indemnify said city from
any and all legal claims or demands for
injuries to persons or property, costs and
expenses to which said city may be
legally subjected, or made liable, by any
proceedings at law or in equity or other
wise, growing out of the privileges grant
ed in this ordinance, or out of the exercise
and operation of the same by said P. L.
Spooner, his heirs or assigns, and shall
upon. reasonable notice or the tendency
of any such action defend the same at his
or their cost or expense.
Sec. "A. This ordinance shall take eff
feet and be in force from and after its
passage and publication and after its
acceptance as provided herein.
Passed by the common council of the
city of Edgerton, Wisconsin, this 9th day
of November, A. D. 1901.
Approved November 7. 1901.
Attest: GEO. w. DOTY
HENRY JOHNSON, Mayor.
City Clerk.