The Wisconsin tobacco reporter. (Edgerton, Wis.) 1877-1950, 1901-07-26

scribing the the terms and conditions upon
which said streets and avenues may be used
and occupied by said railway.
The Mayor and Common Council of the city OF
Edgerton do Ordain as follows:
SECTION l. Be it ordained and enacted by
the Common Council of the city OF EdgertOn
assembled. and it is hereby ordained that per-
mission is hereby granted to z. l.. SpoOner,
his heirs and assigns. to enter upon and to con-
Struct, maintain and operate single or dou-
BILE track railway with the necessary turnOutS
and switches upon any and all streets, ave-
nues highways, roads and bridges in said city
of EdgertOn, upon the express condition that
said p. L. SpOOner his heirs or assigns, Will
construct and have in operation within TWO
az years such line of railway, subject to all
general provisions of statue law now in force
and applicable thereto, and to such reasonable
rules and regulations respecting such streets
and highways and operation of cars as the said
Common Council may from time to time enact
SECTION 9. Said P. L. Spooner his heirs
and assigns, are hereby granted the right to
use upon the whole or any portion of his
tracks as the same are now or may hereafter
be authorized and constructed. electricity as a
motive power supplied to the cars by means or
a single overhead trolley wire, the electrical
circuit being completed by the rails of the road
suitably connected at their ends or connected
with a supplemental ground wire; and for this
purpose said p. L. SpOOner, his heirs and as
signs, are hereby expressly authorized anQ
empowered to lay and construct said ground
circuit as aforesaid and to erect and maintain
in and along any and all of the public streets
and highways upon which the tracks OF said
railway are hereby or may in the future pc
authorized and constructed, such posts, brack-
cts, wires and fixtures as may be required 10
support and maintain the overhead trolley
wire. For such support and maintenance
either horizontal cross wires extending across
the street or bracket arms projecting over the
track as said P. L. SpOOner, his heirs ana as
signs, may deem more suitable may be en-
plOyed. ALI posts or poles used in such con-
StructiOn shall be of a height of not less than
twenty feet and be Of suitable diameter to
properly support the horizontal cross wires or
bracket arms used in such construction, or
such poles or posts may be of iron at the op-
ton of said P. l.. SpOOner, his heirs or assigns.
In all cases of single and double track con-
struction the potts shall be placed in or ada
sent to the line of the curb of the sidewalk or
otherwise in such manner as not unreaSOnably
to impede public travel All poles shall be
kept painted, those of wood the first six feet
next to the ground line to be black and the
balance white, and those of iron shall be all
black. or such cOlOrs as the Council may deter
| mine. The cross wires or brackets as the case
may be for the support of the trolley wire shall
be attached to said poles at such height as to
maintain said trolley wire at every point not
less than eighteen feet above the surface of
| the street. All such posts brackets, wires and
fixtures shall be maintained by said p. L.
SpOOner, his heirs and assigns at all times in
good repair and condition. Animal or other
motive power except steam may be used joint
| ly with electrical power in the general opera
ton of said railway; during such time or
times as the operation thereof by electricity
shall be interrupted or suspended by reason OF
accident to the electrical equipment, such AMI
NAL or other power alone may be employed in
the propulsion Of cars over the Whole or any
| portion of the tracks of said railway
SECTION 3. The authority and permission
herein granted are subject to the following
terms and restrictions:
(A) The track shall be of the standard
guage. four feet, eight and One-half inches,
and shall be laid with rails of the tee pattern
i'll good and substantial manner in or as near
the middle of the streets as may be practicable
SO as to Obviate as far as possible any obstruc-
tiOns or hindrance to the proper use OF said
streets. The cars to be run on said railway
and other equipment shall be Of the best class
and style in use in such railways. And the
road bed shall at all times correspond with
| the actual grade of the street andsShall be so
laid and maintained that carriages and other
| vehicles can easily and freely cross said track
| at any and all points. When snow shall be
thrown from the railway tracks it shall be lev
eled or disposed of by said P. L. SpOOner his
| heirs assigns, so as not to be an obstruction
| to travel on the street. And said P. L. Spoon
| en- his heirs or assigns, shall keep the space
between the rails of each track and for the
| space of one foot on the outside in proper re-
| pair so not to interfere with travel over the
same, and shall keep the same in proper order
and cleanliness at his or their own cost and
expense
(B) 1t shall be the duty of said P. L. Spoon
er, his heirs and assigns, to repair any and all
damage done to the streets, macadamiZing,
curbs cross or Sidewalks cutters or other pub
lie or private property by the construction or
repairing of the tracks along said streets,
avenues or roads; and further to protect and
save harmless the city of Edgerton against all
claims for damages arising from the construc-
ton or management of the railway provided
for herein.
CO. The rate of fare shall be five cents for
one continuous ride in any one direction with
in the city limits, and the said P. L. Spooner,
his heirs and assigns, shall in no case charge
or collect from any passenger more than five
cents for one continuous ride between any two
points within the city limits. Said continuous
ride shall include transfer at junction points
within the city limits provided the passenger
so transferred shall take the first car leaving
after their arrival in the direction in which
they may wish to go. This section is not to be
construed to include a round arip, but merely
single trip from one point to another by the
shortest and most direct route.
CD The city of EdgertOn shall not be liable
to said p. L. Spooner, his heirs and assigns,
for any damage that may be Occasioned by the
6reakage Of any gas or water pipes or other
defects in the streets or highways or from any
delays that may be occasiOned by the cOnstruc-
ton of sewers, laying of water or gas pipes or
electric wires or the necessary repairing of the
same, or from the improving or repairing of
any street. The city Of EdgertOn further re-
serves to itself and to all persons lawfully au-
thOr1zed to do such work in it's streets the right
to take up and remove the rails and structure
OF said road whenever it shall be necessary for
the repairs or improvements of the streets or
for laying of water or gas pipes or sewers or
electric wires, or for other public purposes on
the streets on which such rails may be laid;
and such repairs, improvements or work shall
be made by the city or persons thereto author
lied without unnecessary delay and doing no
unnecessary damage to said track. and upon
the change or alteration of any grade said P.
L. Spooner, his heirs assigns, shall at his or
| their own cost or expense promptly raise or
| lower it's track or tracks so as to conform to
such grade as changed.
(E) Said railway shall be used exclusively
as passenger railway, except that passengers
thereon may without extra charge carry rea-
sOnable amount of hand luggage. and the ma
| terials for the construction of said railway
may be transported upon the same
CD The rights and privileges herein grant
ed shall be for period of fifty years from the
passage of this ordinance the first twenty
years Ofwhich shall be exclusive.
60 When it shall be necessary for any per-
son or persons to move across any of the
streets, avenues or roads occupied by said rail-
| way, any house or building of such height or
size as to interfere with any of the poles or
wires of said railway erected or maintained
under this ordinance, the said P. L. SpOOner.
his heirs or assigns, shall upon receiving at
| least twenty-four hours notice in writing
| thereof and at the expense of the owners of
such building, temporarily remove its poles
and wires far as necessary to allow the pas
| sage of such house or building for reason
| able period of time, not to exceed five hours,
| and the said P. L. Spooner his heirs or as
| signs, shall be liable for any damage caused by
| it's failure to comply with this provision, pro-
vided that said P. L. Spooner, his heirs and
assigns, shall not be required. to keep such
poles and wires out of their normal position at