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Tracks, how laid.

the cars or carriages upon such track or tracks, wholly by animal power upon Oneida street bridge and upon the east side of said river upon the streets above named.

Section 6. The tracks of said railway shall be of a gauge of four feet eight and one-half inches, and shall not be elevated above the street; and shall be laid with modern improved rails, in such a manner that carriages and other vehicles can easily and properly cross said streets, and as near together as practicable; and the width of the opening of said streets, necessary to operate the said cables, shall not exceed three-fourths of an inch. The said corporation, its successors and assigns, shall keep in good and thorough repair at its own costs and charge, so much of all the streets upon which said railway may be operated as lies between the two outside rails and one foot therefroni toward the curb lines, of the same material of which the street may be composed, at the time when such repairs shall become necessary, the necessity of such repairs to be determined by the said Board of Public Works, and the said repairs shall be made within twentyfour hours after notice to do said work has been given by the said Board of Public Works; the said Milwaukee Cable Railway Company failing to do said work within the prescribed time of twenty-four hours, then the Board of Public Works is hereby authorized and directed to cause such repairs to be made, at the expense of the said Milwaukee Cable Railway Company, and said Milwaukee Cable Railway Company shall save harmless the said city from any loss or damage which it may incur or become liable for by reason of the malfeasance or nonfeasance of said grantee, its successors and assigns, in respect to the duties and conditions of this ordinance imposed upon the said Milwaukee Cable Railway Company.

Section © The rate of fare upon said railway for distances between its terminal points or any part thereof including any extensions which may hereafter be built and operated, or upon any trunk line or extension thereto laid and operated by the said Milwaukee Cable Railway Company or by its assigns, shall not exceed five cents, except when cars or carriages shall be chartered for a special price; but before any car or carriage shall be used or operated on said railway, said grantee, its successors and assigns, shall pay to the city for each said car or carriage used thereon, such annual license fee as is now

Rate of fare.

provided by ordinance respecting street railways in said city, or as may be hereafter provided by ordinance.

Section 8. The city of Milwaukee reserves the right to Rights reserved by grant to any other person or persons, corporation or cor- city. porations, the right to use said tracks and roadbeds upon and along the following streets, to-wit: Milwaukee street, Oneida street, Oneida street bridge with its approaches, on Wells street as far as its intersection with Seventh street, and also upon any of the remaining streets mentioned in section 2, towit: Seventh street, State street, Eighteenth street, Center street and Hopkins street; prorided, however, that no such right to use such tracks and roadbeds Joint use of tracks. shall be granted upon the streets last named to any person or corporation for a greater distance than three consecutive blocks in length, in any one of the said last named streets; provided, that before using the same or any portion thereof or such portion of said track or roadbed upon or over which the city of Milwaukee shall have granted a franchise to any other person or corporation, such person or corporation shall pay or cause to be paid to said Milwaukee Cable Railway Company, a just and adequate compensation for the use of said tracks and Compensation. roadbed to be agreed upon between them, and in case of their failure to agree upon such compensation within sixty days after written application by such person or corporation to the Milwaukee Cable Railway Company for the privilege of running cars over the last named company's tracks, a copy of which application shall be filed with the city clerk of the city of Milwaukee at the tiine when made, then such compensation shall be determined by arbitration, and the city of Milwaukee, by its Arbitration. mayor, shall name and appoint one person, and the Milwaukee Cable Railway Company shall name and appoint another person, and the said person or corporation to which said franchise shall have been granted shall name and appoint a third person, and the three persons appointed shall fix and determine the compensation, either in gross or payable in installments, as may in their opinion be just and proper for the use of said tracks and roadbeds, due reference being had always in fixing the same to the amount and character of the use to be made thereof, and in case of a failure by either of said persons or corporations to appoint a suitable person within said time, the mayor of the city of Milwaukee shall appoint a

Pooling prohibited.

suitable person to act for and on behalf of the person or corporation failing to so nominate and appoint an arbitrator, and the compensation as fixed and determined for the use of said tracks and roadbeds, by such arbitrators, or a majority of them, shall be final and conclusive. The award of the arbitrators shall describe the character and the amount of use to be made, as well as the compensation therefor, and shall be filed with the city clerk and be preserved by him in his office. Such compensation shall be subject to revision from time to time, on similar application made by either party, if the character or extent of such joint use of the roadbed becomes materially changed or affected, and in such case it may be revised either by agreement or arbitration, as hereinbefore provided.

Section 9. The Milwaukee Cable Railway Company shall not at any time pool or assign its interests nor consolidate with any other street railway company which now has or may hereafter obtain a franchise to construct and operate a street railway in this city, without the consent of the said common council; and if the said Milwaukee Cable Railway Company shall pool or assign its interests or consolidate with any other street railway company without the consent of said common council, then this ordinance shall be entirely void.

Section 10. The city of Milwaukee reserves the right to alter and amend this ordinance, and to regulate the time of running of and the speed at which cars shall be run on the tracks hereby authorized to be laid.

Section 11. This ordinance shall take effect and be in force from and after its passage and publication.

Passed December 19, 1887.

Alteration or amendment.

AN ORDINANCE To authorize the construction of a certain 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 Section 1. There is hereby given and granted to the Milwaukee Cable Milwaukee Cable Railway Company, a corporation Ry. Co.

created by and existing under the laws of the state of Wisconsin, and to its successors and assigns, the right,

tracks

permission and authority to lay a double track for a street railway with all necessary and convenient tracks, curves, 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 thereof, to at all times make necessary excavations, ditches and trenches, and to lay any and 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 1, 1924.

Section 2. The said Milwaukee Cable Railway Com- Streets and bridges pany aforesaid, its successors and assigns, are hereby upon wat

may be laid. authorized to lay a double track with curves, tracks, sidetracks, turn-tables, excavations and cables for such railway in and along the course of the following streets and bridges of the city of Milwaukee, to-wit: Commencing at the intersection of Broadway and Michigan street, in che Third ward of said city, thence southerly on Broadway to the northerly approach of Broadway bridge, thence southerly along and across said approach to Broadway bridge, thence along and across said Broadway bridge to the southerly approach thereto, thence along and across said southerly approach and across South Water street to Lake street, thence westerly on Lake street to the intersection of Barclay street, thence southerly on Barclay street to the intersection of Florida street, thence westerly on Florida street to the intersection of First avenue, thence southerly on First avenue to the intersection of Maple street, thence easterly on Maple street to the intersection of Clinton street, thence southerly on Clinton street to the northerly approach to Clinton street bridge, thence along and across said approach to Clinton street bridge, thence along and across said bridge to the southerly approach thereto, thence along and across said southerly approach to Clinton street, thence southerly on Clinton street to the intersection of Lincoln avenue, thence easterly on Lincoln avenue to the intersection of Howell avenue, thence southerly on Howell avenue to the intersection of Potter avenue, thence easterly on Potter avenue to the intersection of Russell avenue, thence southeasterly on Russell

avenue, or said Russell avenue extended, to the intersection of Kinnickinnic avenue, thence southeasterly on Kinnickinnic avenue to the southerly limits of the city of Milwaukee; also a branch or extension thereof, commencing at a point in said railway at the intersection of said First avenue and Lapham street, thence westerly on Lapham street to the intersection of Eighth avenue, thence southerly on Eighth avenue to the southerly limits of the ctiy of Milwaukee; and also the further right to use for the purpose of its said railway the tracks and roadbed of the Milwaukee City Railway now laid and in operation on Broadway, commencing at the intersection of Broadway and Martin street, thence southerly on Broadway to the intersection of Broadway and Michigan street, with the right to make connections with its railway on Martin street, and on Broadway at the intersection of Michigan street, as herein authorized to be laid and operated, which use and operation of the tracks of the Milwaukee City Railway hereinbefore granted shall be in accordance with and subject to the provisions of the ordinance of said city granting to the Milwaukee City Railway the right to lay and operate a street railway on Broadway, approved April 5, 1887.

And also the further right to lay its tracks and roadbed on and along Broadway from the intersection of its tracks at Martin street to the intersection of Knapp street; thence easterly on Knapp street to the intersection of Van Buren street; thence northerly on Van Buren street to the intersection of Lyon street; thence easterly on Lyon street to the intersection of Warren avenue; thence northerly on Warren avenue to the intersection of Boylston street; thence easterly on Boylston street to the intersection of Cambridge avenue; thence north on Cambridge avenue to North avenue; thence easterly on North avenue to the intersection of Oakland avenue; thence northerly on Oakland avenue to the intersection of Bradford street; thence east on Bradford street to the intersection of Glen avenue.

Section 3. At least twenty-four hours before the openBoard of Public Works to super. ing of any street or public place, the said corporation shall vise opening of notify the Board of Public Works, or such officer or streets.

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,

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