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Amending an ordinance granting certain rights to the
Milwaukee Cable Railway Company, passed December 19, 1887.
The mayor and common council of the city of Milwaukee do ordain as follows:
Rights granted Mil
Section 1. There is hereby given and granted to the waukee 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 turn-outs, sidetracks, connections, switches and turn-tables in and along the course of the streets and bridges in the city of Wilwaukee hereinafter mentioned, and the same to use, occupy, maintain and operate thereon railway cars or carriages, in the manner and upon the conditions hereinaiter 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 and water-main connections, for and during the termi
commencing at the passage and publication of this ordir Expiration of fran. chise.
ance and ending July 1, 1924. Streets and bridges
Section 2. The said Milwaukee Cable Railway Comthat may be used. pany aforesaid, its successors and assigns, are hereby
authorized to lay a double track with connections, tracks, side-tracks, turn-tables, turn-table excavations and cables for such railway, in and along the course of the following streets in the city of Milwaukee, to-wit: Commencing at the intersection of Michigan and Milwaukee streets, in the Third ward of the city, 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 across Oneida street bridge to the westerly approach thereto, thence across and along said westerly approach to Wells street, thence westerly on Wells street to Sixth street, thence north on Sixth street to the city limits; also on Vliet street west from its intersection with Sixth street to the city limits; also on Eighteenth street from its intersection with Vliet street north to Center street, thence westerly on Center
street to its intersection with the extension of Eighteenth
Duties and author. ing of any street or public place, the said corporation shall ity of Board of notify the Board of Public Works, or such other officer Public Works. 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 pavements 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, 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 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 pipes shall be tapped or any sewer or any 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, Bond to be given 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 ($25,000), 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. When road to be Section 4. The said Milwaukee Cable Railway Concompleted. pany, its successors and assigns, shall commence work,
as contemplated herein, in good faith, within sixty days after the passage and publication of this ordinance, and shall construct at least four miles of track during the year 1888, the Vliet street line to be first constructed and operated, and shall finish and have in operation all of the lines provided for herein on or before December 1, 1889; and it is especially provided that a failure to commence work in good faith within sixty days as named, and the failure to lay at least four miles of track as stated in 1888 shall work a forfeiture of all the rights and privileges granted hereunder; and provided, further, that a failure on the part of the corporation named to construct and operate a cable road upon any portion of the streets herein named on or before December ist, 1889, shall work a forfeiture of all rights herein granted as to that portion or
part of said streets or the territory not so occupied. Cable system to be Section 5. The cars and carriages to be used upon the
track or tracks of said railway shall be operated by means of a cable laid along said track or tracks, and operated
underground by steam engine power, placed upon private property, and not otherwise, on the west side of the Milwaukee river upon the streets above named; and it shall be lawful for said corporation, its successors and assigns, if they shall deem best so to do, to operate the cars or carriages upon such track or tracks wholly by animal power upon Oneida street bridge and its approaches, and upon the east side of the said river upon the street above named.
Section 6. The tracks of said railway shall be of a Tracks-gauge of gauge of four feet eight and one-half inches, and shall not and how laid. 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 cost and 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 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 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 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 nonfeasonce 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 dis- Rate of fare. tances 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 Com
pany, 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 provided by ordinance respecting the street railways in said city, or as may be hereafter provided by ordinance.
Joint use of tracks. Section 8. The city of Milwaukee reserves the right to
grant to any other person or persons, corporation or corporations, the right to use said tracks and roadbeds upon and along the following streets and bridges, to-wit: Milwaukee street, Oneida street, Oneida street bridge, with its approaches, on Wells street as far as its intersection with Sixth street, and also upon any of the remaining streets mentioned in section 2, to-wit: Sixth street, Vliet street, Eighteenth street, Center street and Hopkins street; prorided, houerer, that no such right to use such tracks 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; prorided, 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. roadbeds 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 time when made, then such compensation shall be determined
by arbitration, and the city of Milwaukee, by its mayor, Arbitration.
sliall name and appoint one person, and the Milwaukee person, and the said person or corporation to which said 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 pay