Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1907-04-25

all such work shall be done under the track
without obstructing the travel of cars upon
the SAT-: and when any such sewers,
bitches. drains, or laying of pipes shall have
been done, the earth replaced shall be pud-
died or tamped, so that it will be firm and
not permit the track or tracks TO settle and
become out of line.
Section 10, It shall be the duty of said
grantee to repair within reasonable time any
and all damage done to streets payements
sidewalks or other public or private pro-
perty, by the construction. repair, operation
or maintenance of said railway lines poles
or other property used by them, including
the leveling OF any snow thrown from the
lie travel, and no liability shall come upon
the city of Grand Rapids by reason of the
same; and the said grantee shall defend and
save the city Of Grand Rapids harmless
against all accidents on account thereof.
But said grantee shall not be required to
repair or maintain any portions of the
streets OF said city except as provided in
this section.
Whenever the said grantee shall abandon
any line or part of line of said street railway
on any street in said city of Grand Rapids, il
thoroughly repair said street. leaving it in as
good condition as before within sixty days
from the time it shall so abandon such line
And in case grantee fails to do so, grantor
may do the work at the expense of grantee.
And provided further that when the COM
mon council has decided to pave any streets
occupied, or TO be occupied by the grantee
herein under this franchise, the grantee
shall be notified of the same. and it must
Immediately place any pipes, mains, con-
Quits or other appurtenances on said street
that it may desire and need, and that if il
does not so place them before the city de-
sires to make such Improvements it shall
not be allowed to disturb said street for
three years thereafter, without the consent
of the common council.
And it is provided further: that nothing
herein contained shall deprive or relieve
commissioner nf
Rapids from his right or duty to supervise
such repairs or improvements of streets,
and that said work shall be doneftO the sat
isfaction of said street commissioner.
Section II. No liability shall accrue against
said city of Grand Rapids by reason of the
construction, operation or MANAGEMENT of
the plant or plants mentioned in this ordin-
ance or any appliances connected Herewith
or attached thereto, or by reason of the ex-
ercise or enjoyment OF this ordinance by
said grantee on whom the same is conferred;
and the said grantee shall at all times defend
and save the city of Grand Rapids harmless
against all actions on account thereof.
Section II. No party shall be allowed to
move any buildings of any name or nature
through the streets, lanes, alleys or over the
bridges of said city OF Grand Rapids where
ii shall be necessary to cut, raise or remove
the wires or other property of said grantee
in order to permit the passage of any such
building unless first the party or parties
owning or removing such building shall
have first been given permission by the
mayor and common council of the city of
Rdp1QS TO move Sucn DullQln2 upon
the public highways or other public pro-
perty of said city OF Grand Rapids; and
second unless said parties shall have first
contracted and agreed with the said grantee
above named, and, if demanded, furnish
reasonable security far the payment of all
of the expense and damage caused to SAID
grantee by reason of the cutting, raising or
removing OF wires or other property of the
wires shall be used; and if such parties can
not agree upon the amount of such expense
and damage the same shall be submitted to
arbitrator, who shall be selected in the
usual manner, but fromypartieS who are ia
miliar with the cost OF such work, and third,
when such building is to be moved across
the line OF street railway, the same shall be
so removed across any of the tracks of said
grantee between the hours of IL midnight
and O'Clock in the morning
Section 3D. The cars OF said grantee shall
have the same right to the use of streets
that other vehicles have, as well as anv other
rights conferred by this franchise, and shall
be entitled to the free and unobstructed use
as against other vehicles and animals, of the
tracks laid for the same. In other cases
where any team or vehicle shall meet or be
overtaken by any car, such team or vehicle
shall give way to such car. Any person will
fully obstracting. hindering or interfering
with any such railway car or cars, by plac-
ing, driving or stopping any team or vehicle
or by placing any obstacle in, upon or near
the track OF said railway, after being notified
by the ringing of the bell or otherwise and
who ever shall wilfu1ly violate any of the
provisions of this section, shall upon con-
viction thereof be punished by fine not ex-
ceeding $40, and may be imprisoned in the
county Jail until such fine is paid, but not
exceeding thirty days.
The cars of said grantee shall be provided
with suitable bells to apprlse persons OBJ
Structing, being upon or crossing the line of
track or tracks of said railway of the ap-
proach of any such car or cars, and an alarm
may and shall be given in all cases where
said track or tracks, or any part thereof,
shall be obstructed by any team, horse, cat
tie, wagon, carriage, sleigh, or other vehicle
crossing said tracks so as to obStruct the
same; and the person in charge of any such
team, horse, cattle, wagon, carriage, sleigh
or other vehicle, or obstacle shall thereupon
remove the same at once, and in case of fail
ure so to do shall be subject to the penalties
herein prescribed.
Section IA. This ordinance and the fran
chise and powers granted Hereunder are
given by the city OF Grand Rapids to the
grantee herein, and are accepted by it with
the understanding and agreement that when
said grantee shall have complied with the
conditions of this ordinance, and shall have
laid any track or tracks upon any street of
said city of Grand Rapids, and is operating
said track by virtue of this ordinance, and
has not ceased to operate the same, that the
said city of Grand Rapids shall not grant to
any other person or corporation any fran
chiSe, right, permission or power to operate
any street car or cars upon and over the
lines of said grantee or upon the same
street, except to cross the tracks of said rail-
way of said grantee above named at the in
tersection of streets, without the consent of
any street upon which grantee shall have no
track or tracks, running lengthwise with
street
Section Is. This ordinance is to be &C
cepted by said grantee within sixty days
from and after its final passage and approx
al, and such acceptance shall be filed in the
Office of the clerk of the city of Grand
Rapids.
In case the grantee, its successors and
assigns, shall fail to commence to build and
lay any railway tracks before the first of
equal to one mile of single track, as speci-
fed in such ordinance, before the first day
of November, 1908, then all rights and pri-
vileges herein granted shall be terminated
and become void.
Section 49, The authority hereby granted
shall, subject to the conditions limitations
of this ordinance, continue for the period of
fifty years from and after the passage and
publication thereof
Section II. This ordinance shall take eff
feet and be in force from and after its pas
sage and publication.
Filed this 9Th day of April, A. D., 1907, in
the Office of the City Clerk. of city of Grand
Rapids, Wis.
C. E. BOLES,
City Clerk.