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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 Company aforesaid, its successors and assigns, are hereby 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 the 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

Streets and bridges

upon which tracks

may be laid.

[blocks in formation]

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 cty 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 opening of any street or public place, the said corporation shall notify the Board of Public Works, or such officer 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 necessary work to complete the restoration of the street and pavements to an 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 or of the common council in reference thereto. Nor shall any street, avenue or public place be allowed to remain open, encumbered or obstructed for a longer period than shall actually be 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 laying or relaying of pavements, the said corporation shall employ no one 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 water connections made therewith by the said corporation, unless a permit therefor shall have been duly issued in the manner provided by law.

Said corporation shall, within thirty days after the Bond to be filed. 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 non-fulfillment of any of the provisions of this ordinance.

Section 4. The said corporation hereinbefore men- Completion of tioned, its successors and assigns, shall commence in good road. faith the construction of said railway mentioned in the preceding section on or before the first day of July, 1888,

Cable system to be used.

and construct at the rate of at least six hundred feet of track per month thereafter, excepting during the months of December, January, February, March and April in each year, and complete and operate the entire railway by December 1, 1889, and upon failure to commence the construction of said railway on or before July 1, 1888, or upon failure to lay six hundred feet of track per month during each of the months of May, June, July, August. September, October and November in each year, or upon failure to complete and operate the entire railway by and after December 1, 1889, as set forth and provided in this section, then all rights hereby granted to and vested in said corporation shall cease and determine; provided, however, that where any street or streets or portions. thereof named in this ordinance are not completed or provided with sewer facilities, said company shall have six months from and after the completion of said street and sewerage facilities in which to construct said railway so that the same may be operated upon such street or

streets.

Section 5. The cars or carriages to be used upon the track or tracks of said railway shall be operated by means of a cable laid along the said track or tracks upon the streets hereinbefore named, and operated underground by stationary steam engine or steam engines placed upon private property, and not otherwise; the cable to be used by the said Milwaukee Cable Railway Company to be the Rassmussen cable; provided, however, that 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 require, within a reasonable time thereafter, another and better cable system to be substituted therefor under pain of forfeiture of all privileges hereby granted, and it shall be lawful, and the said Milwaukee Cable Railway Company are hereby authorized to use animal power in case of accident, giving reasonable time for its repairs not exceeding five consecutive days.

And said company is hereby further authorized to use animal power for the purpose of operating said cars and carriages on Clinton street, south of the Kinnickinnic river, and on and across said Clinton street bridge and approaches thereto, on Lincoln avenue from said Clinton street to Howell avenue, on Howell avenue, Potter

avenue,

Russell avenue

and Kinnickinnic

avenue;

provided, however, that, whenever one continuous mile or more of said streets shall be completed and provided with sewer facilities, said company shall, within six months thereafter, operate its cars or carriages on said part or portion of said streets so complete and provided with sewer facilities by means of cable power, as required herein for that part of said railway lying north of said Kinnickinnic river.

and how laid.

Section 6. The tracks of said railway shall be of a gauge Tracks, gauge of, of four feet eight and one-half inches, and shall not be elevated above the surface of 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 in said streets necessary to operate the said cables shall not exceed three-quarters of an inch. The said corporation, its successors and assigns, shall keep in good and thorough repair, at its own cost and Repairs of streets. charge, so much of all of the streets upon which said railway may be operated, as lies between the two outside rails and one foot therefrom toward the curb lines, of the same material of which the street may be composed, at the time when any 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 twenty-four hours after notice to do such work has been given by the Board of Public Works; the said Milwaukee Cable Railway Company failing to do such work within the prescribed time of twenty-four hours, then said Board of Public Works is hereby authorized and directed to cause such repairs to be made at the expense of said cable railway company, and 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 in this ordinance imposed upon it.

Section 7. The rate of fare for a single passenger over Rate of fare. the whole or any part of the line authorized by this ordinance, together with the whole or any part of the lines which said Milwaukee Cable Railway Company have heretofore been authorized to operate or which said company may hereafter be authorized to operate, shall not exceed five cents, except when cars or carriages shall be

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