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. and how laid. 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 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 7. 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 Joint use of tracks. Compensation. Arbitration. 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. 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; 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 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 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, shall 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 able 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 the 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 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 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 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. Provided, always, that the Milwaukee Cable Railway Company has a prior right on its tracks everywhere to use its system of power, and no joint use thereof shall ever be enforced with any other person or corporation that shall force said company to change its power or system, or make it impossible to use the same in a practical manner. Section 9. It is provided further that any time lost by the Milwaukee Cable Railway Company in prosecuting its work, due to litigation with the city of Milwaukee or any person or corporation, shall be added to the time for the final completion of such lines as are so stopped, such added time to be between May 1 and December I. amendment. Section 10. The city of Milwaukee reserves the right Alteration or to alter and amend this ordinance so as to regulate the speed at which cars shall be run on the tracks hereby authorized to be laid, and the time of running the same. Repair of streets. Section 11. The said Milwaukee Cable Railway Company shall at all times keep its tracks and roadbed free and clear from snow and ice, and shall not deposit or cause to be deposited any snow or ice removed from its roadbed or Snow and ice. tracks upon the streets adjacent thereto so as to impede travel; and in case the snow and ice at any time removed from its roadbed or tracks and deposited on the streets shall, in the opinion of the board of public works, create any obstruction to travel upon such streets, the board of public works may cause the ice and snow to be removed from the streets adjacent to such tracks at the cost and expenses of said Milwaukee Cable Railway Company; and it is a condition precedent to the conferring of the rights hereinbefore granted, that the said Milwaukee Cable Railway Company shall agree to repay upon demand, to the city of Milwaukee, whatever expense said city may be put to by reason of removing ice and snow as aforesaid, and shall agree to indemnify the said city from all loss or damage by reason of any accident that may occur from or on account of such snow or ice so deposited. Section 12. This ordinance shall take effect and be in force from and after its passage and publication. Passed June 1, 1888. Wells street, Win- 92-AN ORDINANCE Amending an ordinance passed June 1st, 1888, entitled "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. Section 2 of said ordinance is hereby amended by striking out the following words, to-wit: "Also on Vliet street west, from its intersection with Sixth street to the city limits," and inserting in lieu thereof the following: "Also on Wells street from its intersection with Sixth street westerly to Eighth street; thence northerly on Eighth street to its intersection with Winnebago street; thence northwesterly on Winnebago street to its intersection with that portion of Eighth street immediately northeasterly of Winnebago street; thence northerly on said portion of Eighth street to Vliet street; thence westerly on Vliet street to the city limits," so that when amended said section 2 will read as follows: 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, viz: 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 along and across said westerly approach to Wells street, thence westerly on Wells street to Sixth street, thence on Sixth street to the city limits; also on Wells street from its intersection with Sixth street, westerly to Eighth street; thence northerly on Eighth street to its intersection with Winnebago street; thence northwesterly on Winnebago street to its intersection with that portion of Eighth street immediately northeasterly of Winnebago street; thence northerly on said portion of Eighth street to Vliet street; thence westerly on Vliet 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 said railway on Milwaukee street, as hereinbefore authorized to be had 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 Company the right to lay and operate a street railway on said last named streets, approved April 5, 1887. Section 2. Section 4 of said ordinance is hereby Electric power amended by striking out the words "cable road," in the authorized. |