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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 1.

Section 10. The city of Milwaukee reserves the right Alteration or to alter and amend this ordinance so as to regulate the amendment. speed at which cars shall be run on the tracks hereby authorized to be laid, and the time of running the same.

Section 11. The said Milwaukee Cable Railway Com- Repair of streets. pany 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
nebago street,
Eighth street,
Vliet street.

92—AN ORDINANCE Amending an ordinance passed June ist, 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.

fourteenth and fifteenth lines of said section, and inserting in lieu thereof the words “Railway by the use of electric power,” as approved in section 5 thereof.

Electrical construction.

Section 3. Section 5 of said ordinance is hereby amended so as to read as follows: The cars and carriages to be used on the track or tracks of said railway shall be operated by means of power produced by electricity, conducted upon wire suspended over and above the said tracks along the streets hereinbefore designated by the method known as the "overhead system,” and said Milwaukee Cable Railway Company is hereby authorized and empowered to erect and maintain the necessary plants, machinery and power houses upon private property owned or controlled by the company, for the purpose of generating said electric power, and said company is also authorized to erect and maintain in or along the streets hereinbefore designated, and across or along the Milwaukee river, such poles, wires and cables for the purpose of conducting the power to be used as aforesaid. The poles to carry the wires of said electric railway shall be constructed of iron, in a neat, ornamental manner, and shall always be kept neatly painted by said company and set inside the curb line, and shall not be set at a less distance than one pole in every 125 feet, except at intersections of streets, and the wires shall be conducted not less than 18 feet above the surface of the street. Should said company use in connection with said system any supplemental or feeder wires, such supplemental or feeder wires shall be laid underground. All wires used to conduct electric current shall be constructed with a return parallel metallic circuit, and all work hereby authorized shall be done to the satisfaction of the board of public works.

Eighth street,

Section 4. Section 8 of said ordinance is hereby Winnebago street. amended by inserting after the words “Sixth street" where

they occur the second time in said section, the words "Eighth street, Winnebago street."

Section 5. The provisions of this ordinance shall apply in full force and effect to the provisions of said ordinance so amended, and shall take effect and be in force from and after its passage and publication.

Passed September 11, 1889.

107—AN ORDINANCE Granting certain rights to the Milwaukee Cable Railway

Company.

The mayor and common council of the city of Milwaukee do ordain as follows:

Section 1. There is hereby given and granted to the Winnebago street. Milwaukee Cable Railway Company, its successors and assigns, the right, permission and authority to lay a double track for a street railway, with all the necessary and convenient tracks, side-tracks and turn-outs, in and along Winnebago street, from the intersection of Eighth street to the intersection of Eleventh and Vliet street, and to keep, maintain, use and operate thereon railway cars and carriages in the manner and upon the conditions heretofore prescribed in the ordinance granting to the said Milwaukee Cable Railway Compariy the rights to maintain and operate a street railway in the city of Milwaukee, and subject to all of the conditions, restrictions and limitations of said ordinance, and for and during the term named in said ordinance.

Passed October 14, 1889.

90—AN ORDINANCE To amend an ordinance entitled “An ordinance to author

ize the construction and operation of a certain street railway in the city of Milwaukee,” passed December 19, 1881, as amended by an ordinance passed June 1, 1888, as amended by an ordinance amending an ordinance, passed June 1, 1888, entitled “An ordinance amending an ordinance granting certain rights to the Milwaukee Cable Railway Company, passed December 29, 1887."

The mayor and common council of the city of Milwaukee do ordain as follows:

ses re

Section 1. So much of the ordinance referred to in the se title hereof as permits and authorizes the Milwaukee pealed. Cable Railway Company, its successors and assigns, to lay a cable track for a street railway on Wells street, from West Water street to Sixth street; thence north on Sixth street to Cedar street, and also authorizing said Milwaukee Cable Railway Company, its successors and

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