License fee to be paid.

Joint use of tracks

ized.

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 may hereafter be provided by ordinance.

Section 8.

The city of Milwaukee reserves the right may be author to grant to any person, persons, corporation or corporations 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.

Proviso.

Compensation.

Arbitration.

Provided, however, 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; 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 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, then such compensation shall be determined by arbitration, 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.

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.

Pooling and assigning prohibited.

amendment.

Section 10. The city of Milwaukee reserves the right Alteration or to alter and amend this ordinance, and to regulate the 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.

Rights granted Milwaukee Cable Railway Co.

Expiration of franchise.

Streets and bridges that may be used.

AN ORDINANCE

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:

Section 1. There is hereby given and granted to the Milwaukee Cable Railway Company, a corporation 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 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 and water-main connections, for and during the term commencing at the passage and publication of this ordin ance 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 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 street, thence north on Eighteenth street extension to its intersection with Hopkins street; thence northwesterly on Hopkins street to the northerly limits of said city; and also the further right to use for the purpose of its said railway, the tracks of the Milwaukee City Railway now laid and in operation on Lake street and Michigan street, in the said Third ward, from a point opposite and adjacent to the Chicago & Northwestern Railway Passenger Depot, thence southerly on and along Lake street to the intersection of said Lake street with Michigan street, thence westerly on Michigan street to its intersection with Milwaukee street, with the right to make connections with its railway on Milwaukee street, as hereinbefore authorized to be laid and operated; which use and operation of the tracks of the Milwaukee City Railway shall be in accordance with and subject to the provisions of the ordinance of said city of Milwaukee granting to the Milwaukee City Railway the right to lay and operate a street railway on said last named streets, approved April 5, 1887.

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 other 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 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

Duties and author

ity of Board of

Public Works.

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 completed.

Cable system to be used.

Section 4. The said Milwaukee Cable Railway Company, 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 1st, 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.

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