Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1907-04-18

mitted to designate from time to time the
number of cars to be used and the timeta-
bleS for the running OF the same and to de-
signate the number OF employees to be used
in connection with the operation of said
railway, provided that the common council
OF said city hereby reserves the power to
make reasonable regulations respecting the
speed of running and manner of stopping
the cars for the safety and convenience of
the public, and provided further that on all
graded streets where the grade shall be too
narrow for vehicles to pass on either side of
the railway cars, the common council shall
have the right to determine what part OF the
street the tracks shall be laid upon.
Section 6. If said grantee shall fail or
neglect to construct, maintain, complete and
equip and thereafter to operate the several
lines of street railway which he may con-
struct hereunder, as provided in the forego-
ing sections and within the times and in the
manner herein provided, or shall fail or
neglect to equip or thereafter maintain or
operate such additional lines as may be con-
structed by him after the same shall have
been completed, the said grantee shall upon
the judicial determination of the same for
hereby granted as to the line or lines which he
shall fail to operate and maintain, provided,
however, that if the construction OF such
railway shall be restrained, prevented or
hindered by Injunction or other legal pro-
ceedings, without collision on the part of
the grantee named herein, said grantee shall
De entitled to reasonable time to complete
said road after the termination OF such re-
stra1nt. And provided further that civil
connections, such as riots, strokes or in
s va si snail excuse said grantee so long
or operation of such lines, from building or
operating the same.
Section Z. In case no grade shall have
been established on any street along or
across which said railway is co be con-
structed, after due application therefor by
the SAID grantee, the common council shall
Wlthln thlrty days after the written notice
by SAID grantee duly served upon the mayor
and city clerk of said city to establish such
grade cause the grade thereof to be estab-
Hshed; and when said grantee shall have
constructed such street railway line or lines
upon the grade of street so established by
SAID common council, or in case said COM
mon council shall fail to establish such
grace AFTER application and notice as afore-
sald, II snail not thererfter be put to any
add1t1onal expense in conforming to any
change of grade.
Section $. If at any time after said rail-
way line or lines shall have been constructed
upon any street, it shall be necessary from
any cause to change or alter the grade of
any such street, the common council shall
have power to alter or change the grade ac-
cordlngly, but without any expense to said
grantee or any unnecessary delay or incon-
right or privilege under this franchise by
reason OF any failure to operate said rail-
way line or lines upon any such street dur
ing the time the same is being repaired or
conformed to such grade
Sectlon =. said city of Grand Rapids here
by reserves to itself, upon twenty-four
take up and remove the rails and structure
of said railway line or lines whenever it
shall be necessary for the repair and i'm
proveInena OF the streets, avenues or
thoroughfares upon which said line or lines
may De located, but shall never take up the
same IN more than one place at one time, nor
1or greater distance than one hundred
feet, and shall replace the same in good or
der when said repairs or improvements are
completed. which shall not be longer than
twenty-four hours at any one time, unless
with the consent of the grantee herein Pro-
vlded, however, that no such repairs so to
be made on the tracks or structures of said
grantee snail be made except under the SUI
pervision of some person authorized by
said grantee to take charge of said repairs
And provided further that no other per-
son, persons, corporation or CORPORATIONS
| shall be permitted to disturb the track or
tracks or said grantee without a similar no.
| tlce and under similar conditions and with
on. naSang nrst ootalned permission of the
common council; such person or per-
sons, corporation or corporations shall be
Obliged TO restore such track or tracks to
their former condition without expense to
said grantee, and such person or corpora
ton shall give to said grantee a good and
sufficient bond for the restoration and re-
| pair of said track or tracks il the same shall
be required by said grantee
| Ana provided further that the operation of
| sald street railway line or lines shall not be
! SUSPENDED Tor the purpose of making sew
ers. bitches or drains, or laying pipes but
| all such work shall be done under the track
! without oostructlng the travel of cars upon
4 .
| bitches, drains, or laying of pipes shall have
| oeen done, the earth replaced shall be pud-
cleo or tamped. so that il will be firm and
| not permit the track or tracks to settle AND
| become out of line.
Section 10. 1t shall be the duty of said
grantee TO repair within reasonable time any
and all damage done to streets, pavements
| 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 levellng OF any snow thrown from the
| tracks, when such snow would impede pub
| 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 tC
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