Wausau pilot. [volume] (Wausau, Wis.) 1896-1940, 1910-05-10

CONSTRUCTION OF APPROACHES TO
THE SAME.
The Common Council Of the City of Wausau
do Ordain Follows:
Section l. The Chicago and North Western
Railway Company is hereby required To con-
Stfuct. and thereafter maintain a viaduct
across its tracks and right-of-way at the point
where Single avenue intersects said right
way.
Section .. The center line of said viaduct
shall be constructed at right angles to the
tracks and right-of-way of the Chicago and
North Western Railway Company and shall
intersect said Railway company's southerly
right-of-way line at the center line of Garfield
street.
The lowest part of said viaduct shall be at
least eighteen (lS) feet and four (5) inches
above the top of the rails of the tracks OF Chi
cago and North Western Railway Company.
1t shall be prov ided with a roadway eighteen
(ls) feet wide and a sidewalk six (6) feet wide
on each side thereof. Said sidewalks and
roadway shall be suitably paved with plank
ing The abutments of said viaduct shall be
constructed of stone, concrete, other suit
able material of a permanent nature.
Section 3. The city of Wausau shall con-
Struct. and thereafter maintain. suitable
approaches upon each side of said viaduct in
Guiding pavement, drainage, sidewalks and
any hand rails necessary Said approaches
shall rise to the level of said viaduct by a
grade of approximately ten (lO) per cent.
Section 4. The grade of Single avenue,
Canal street and Garfield street where the
same shall be changed In order to reach said
viaduct, is hereby changed so as to conform to
the grade OF said viaduct and approaches as
herein provided for.
Section s. The city of Wausau assumes and
agrees to pay any damages TO adjacent
property or business caused by the passage
and enforcement of this ordinance, or by the
filling in or change OF grade in said Single
avenue. Canal street or Garfield street: and
said city will assume the defense of any and
all suits brought for the recovery of the same.
intervening therein, II necessary, for such
purpose. 1t will wholly relieve said Chicago
and North Western Railway Company from
defending the same, and will assume and pay
all judgments recovered therein. The above
Stipulations, however, are upon the condition
precedent, that in case any suit be brought
against said Railway company for any such
damages it will. not less than five 90 days be-
fore the last day to answer therein, give notice
in writing OF the institution of such legal pro-
ceedings TO the mayor OF said city, for the pur-
pose Of enabling proper defense to be made by
the city.
Section 6. The Chicago and North Western
Railway Company shall have the right at any
time to lay down within its right-of-way and
track or tracks that 1t may desire; and the
city of Wausau will forever indemnify and
save harmless the Chicago and North Western
Railway Company against liability to any
person or persons growing out of the construc-
ton of any such additional track or tracks.
Section Z. The construction of said viaduct
herein required shall be completed on or before
the first day of December 1910 unless the said
shall be prevented by strikes or riots, or re-
strained by injunction or other order or process
OF court of competent jurisdiction. The time
during which said Railway company shall be
prevented by strikes, riot or riots. or legal pro-
ceedings, as aforesaid, shall be added to the
time hereby limited for the completion of said
work; PROVIDED, that said Railway company
shall give immediate notice TO the mayor and
city attorney of the city of Wausau of the in
stitution of said legal proceedings. The city
of Wausau shall thereupon have the right to
intervene In any suit or proceedings brought
by any person or persons seeking To enjoin or
restrain. or in any manner 10 interfere with
the prosecution of said work, and move for
dissolution of such injunction or restraining
order, and for any other proper order or re-
lease.
Sections 5. II at any time any street railway
company shall be permitted To lay tracks up
ON and across said viaduct and operate cars
thereon, said viaduct shall be suitably
strengthened by such street railway company
at its own expense and In a manner satsfac-
tory to the Chicago and North Western Rail-
way Company: and such street railway COM
pany shall be required to maintain that part of
the surface OF said viaduct as shall lie within
four ~ feet of the center line OF any track
thereon. The city OF Wausau will indemnify
the Chicago and North Western Railway Com
pany against and save IL harmless from any
expense mentioned in this section or which
may be incurred by reason OF the use of said
yiaduct by any such street railway company.
Section 9. This ordinance shall take effect
and be In force from and after its passage.
approval and publication: PROVIDED, how
ever. that this ordinance shall be null and
void II said Chicago and North Western Rail-
way Company shall not through its authorized
officers. file with the mayor OF the city OF
Wausau within ninety GOD days after the pas
sage and approval of this ordinance. agree
ment duly executed accepting the provisions
Of this ordinance and undertaking TO do and
perform all the matters and things required
of IL by this ordnance After the filing OF
said agreement aforesaid. this ordinance
shall not be modified or amended without the
consent of the Chicago and North Western
Railway Company: but nothing In this ordi-
nance contained shall be deemed a waiver or
surrender Of the police power of the city OF
Wausau. TO deprive the city of the right TO
exercise properly such power.
APPROVED: JOHN f. LAMONT Mayor
ATTEST: w. WATERHOUsE, City Clerk
nafa r1ril ION