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to-wit: By the roth day of November, 1890, so far as Lisbon plank road and the balance within ninety days after the street is cut through and put in order.
Passed November 10, 1890.
its successors and assigns to extend its tracks on certain
The mayor and common council of the city of Milwaukee do ordain as follows:
Section 1. The West Side Street Railway Company sith. and its successors and assigns are hereby given and granted permission to lay a double track for a railway in, along and upon the course of Sixth street, from Sycamore street to Wells street, all in the Fourth ward of the city of Milwaukee.
Section 2. The cost incurred in the widening of Sixth R. R. Co. to pay for street, from Sycamore street to Grand avenue, to be borne widening street. by the said West Side Street Railway Company.
Section 3. This ordinance is passed upon the condition Conditions. and subject to the agreement upon the part of the West Side Street Railway Company that it will surrender any and all rights which it may have to place or operate its tracks upon Fourth street, between Grand avenue and Sycamore street, in the said Fourth ward.
Section 4. The right heretofore granted the said West Side Street Railway Company by an ordinance passed April 19, 1892, to extend its tracks on Sycamore street, from Sixth street easterly to Third street, in the said Fourth ward, shall cease and determine in case said West Side Street Railway Company shall construct the line authorized by this ordinance.
Passed Aug. 22, 1892.
196—An ORDINANCE To repeal an ordinance entitled “An ordinance granting
certain rights to the West Side Street Railway Company,” passed Jan. 19, 1895.
The mayor and common council of the city of Milwaukee do ordain as follows:
Section 1. An ordinance, the title of which is recited in the title hereof, is hereby repealed.
Passed July 8, 1895.
XVIII.—MILWAUKEE CABLE RAILWAY CO.
street railway in the city of Milwaukee.
The mayor and common council of the city of Milwau
kee do ordain as follows: Rights granted to
to Section 1. There is hereby given and granted to the Milwaukee Cable Milwaukee Cable Railway Company, a corporation Railway Co.
created by and existing under the laws of the state of Wisconsin, and to its successors and assigns, the right, permission and authority to lay a double track for a street railway, with all necessary and convenient tracks, connections, turn-outs, side-tracks, switches and turn-tables in and along the course of the streets and bridges in the city of Milwaukee, hereinafter mentioned, and the same to use, occupy, maintain and operate thereon railway cars or carriages, in the manner and upon the conditions hereinafter provided, including the right, subject to the provisions hereof, to at all times make necessary excavations, ditches and trenches, and to lay therein all necessary and convenient pipes and cables, and make all necessary sewer connections, for and during the term commencing at the passage and publication of this ordinance, and ending July 1st, 1924.
Section 2. The said Milwaukee Cable Railway Company aforesaid, its successors and assigns, are hereby authorized to lay a double track with connections, tracks, side-tracks, turn-tables, excavations and tables for such railway in and along the course of the following streets
of the city of Milwaukee, to-wit:
hich Commencing at the intersection of Michigan and tracks may be Milwaukee streets, in the Third ward of the said city; laid.
thence north on Milwaukee street to its intersection with Oneida street; thence west on Oneida street to the easterly approach of Oneida street bridge; thence westerly along
and across said approach to Oneida street bridge; thence
C Board of Public ing of any street or public place, the said corporation shall Works to supernotify the Board of Public Works or such other officer vise work. or officers, or department or departments of the city of Milwaukee, as may hereafter perform the duties of said Board of Public Works, in writing, of such intention, stating the street where and the object for which such opening is to be made, and in the opening and refilling of all the openings made as aforesaid, the relaying of pavements and all other necessary work to complete the restoration of the street and pavement to as equally good condition as before disturbed, said corporation and its servants and employes shall be under the supervision and direction of the Board of Public Works or its authorized agents,
and shall promptly comply with any order of such board or agent of the said common council in reference thereto. Nor shall any street, avenue or public place be allowed to remain open, incumbered or obstructed for a longer period than shall be actually necessary to execute the work for which the same has been opened, and in all cases where the work requires the exercise of skill, as in the laying or relaying of pavements, and all other necessary work, the said corporation shall employ none but skilled workmen, familiar with the execution of such work, and all such work shall be done subject to the control and under the direction of the Board of Public Works or its authorized agent, and whenever it shall be necessary to make excavations, ditches or trenches and thereby interfere with or disturb any street pavement, or public place, the same shall be replaced and restored by or at the expense of the said Milwaukee Cable Railway Company or its assigns, under the supervision and direction of the Board of Public Works, and no public sewer or water pipe shall be tapped or any sewer or any water connections made therewith by the said corporation unless a permit therefor shall be duly issued in the manner provided by law. Said corporation shall, within thirty days after the passage and publication of this ordinance, execute to the city of Milwaukee and file with the city clerk of said city a good and sufficient bond in the penal sum of twenty-five thousand dollars, to be approved as to form and execution by the city attorney with two sureties satisfactory to the mayor of said city, conditioned to pay all damages which may in any manner arise either to the city or to individuals on account of the nonfulfill
ment of any of the provisions of this ordinance. When tracks shall
Section 4. The said corporation hereinbefore menbe constructed. tioned, its successors and assigns, shall commence in good
faith the construction of said railway mentioned in the preceding section within sixty days after the passage of this ordinance, and construct at least six hundred feet of track per month, excepting during the months of December, January, February, March and April of each year, and complete and operate the entire railway by December 1, 1888, except that portion of said railway to be built north of the intersection of North avenue and Eighteenth street, which said portion shall be built and operated within six months after the completion of Eighteenth street, and the laying of sewers therein, and upon failure to commence the construction of said railway within sixty days after the passage of this ordinance, or upon failure to lay six hundred feet of track during each of the months of May, June, July, August, September, October and November of each year, or upon failure to operate the entire railway by December 1, 1888, except that portion thereof to be built north of the intersection of North avenue and Eighteenth street, or upon failure to complete and operate that portion of said railway lying north of the intersection of North avenue and Eighteenth street within six months after the completion of said Eighteenth street and the laying of sewers therein, as set forth and provided in this ordinance, then all rights hereby granted to and vested in said corporation shall cease and determine. It is provided further that on State street, from Eleventh to Twelfth streets, where tracks are now laid and being operated by the West Side Street Railway Company, the said Milwaukee Cable Railway Company shall be and is hereby required to use said track or tracks in the operation of its railway, it being the intention of this ordinance to provide that no more than two tracks be laid upon any one street hereinbefore named. Should litigation arise in consequence of the grant herein given to the said Milwaukee Cable Railway Company involving the said city in an expense in defending the same, the said Milwaukee Cable Railway Company shall and hereby agrees to hold the said city harmless from all expense thereby caused.
Section 5. The cars or carriages to be used upon the Cable system to be track or tracks of said railway shall be operated by means used. of a cable laid along the said track or tracks, and operated under ground by stationary steam engine or steam engines placed upon private property, and not otherwise, on the west side of the Milwaukee river, upon the streets above named, the cable to be used by the said Milwaukee Cable Railway Company to be the “Rassmussen cable ; " provided, however, if, in the judgment of the common council, the same should prove to be a failure, and not adapted to the objects of this ordinance, then the common council reserves the right to reject the same, and to require within a reasonable time thereafter such other cable system to be substituted therefor as it may then direct, under pain of forfeiture of all privileges hereby granted. And it shall be lawful for said corporation, its successors and assigns, if they shall deem best so to do, to operate