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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
road. tioned, its successors and assigns, shall commence in good faith the construction of said railway mentioned in the preceding section on or before the first day of July, 1888,
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, howerer, 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.
Cable system to be used.
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 is, 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; prorided, 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.
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 and how laid. 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
chartered for a specified 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 said city for each such car or carriage used thereon such
annual license fee as is now provided by ordinance, or as License fee to be
may hereafter be provided by ordinance. paid. Joint use of tracks
Section 8. The city of Milwaukee reserves the right may be author. to grant to any person, persons, corporation or corporized.
ations the right to use such tracks and roadbed upon and along the following streets and bridges, to-wit: Broadway, Broadway bridge with its approaches, South Water street, Lake street, Barclay street, Florida street, First avenue, Maple street, Clinton street, Clinton street bridge with its approaches, Lincoln avenue, Howell avenue, Potter avenue, Russell avenue, Kinnickinnic avenue, Knapp street, Van Buren street, Lyon street, Warren avenue, Boylston street, Cambridge avenue, North avenue, Oakland avenue and Bradford street, and also upon any of the remaining streets mentioned in section 2, to-wit: Lapham street and Eighth avenue.
Provided, however, that no such right to use such tracks Proviso.
and roadbed 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 person or corporation such person or corporation shall pay or secure to be paid to the 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 the same 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 applicatoin shall be filed with the city
clerk of the city of Milwaukee at the time when made, Arbitration. then such compensation shall be determined by arbitra
tion, and the city of Milwaukee, by its 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 such franchise shall have been granted shall name and appoint a third person, and the three persons so 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 roadbed, 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 failure of either of said persons or corporations to appoint a suitable person within said time, the mayor of the city of Milwaukee shall appoint a suitable person to act for and in 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 roadbed by such arbitrators or a majority of them shall be final and conclusive. The award of the arbitrators shall describe the character and amount of the 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 the extent of such joint use of the tracks and roadbed becomes materially changed or affected, and in such case it may be revised either by agreement or by arbitration as hereinbefore provided.
Pooling and assigning prohibited.
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 said city, without the consent of the common council; and if the said Milwaukee Cable Railway Cable Company shall pool or assign its interests or consolidate with any other street railway company without the consent of the common council, then this ordinance shall be null and void.
Section 10. The city of Milwaukee reserves the right Alteration or to alter and amend this ordinance, and to regulate the amendment. time of running of and the rate of speed at which cars shall be run on the tracks hereinbefore authorized to be laid and operated.
Section 11. This ordinance shall take effect and be in force from and after its passage and publication.
Passed February 27, 1888.