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assigns, to lay a cable track for a street railway from the intersection of Sixth and Wells streets west to Eighth street, thence northerly on Eighth street to Cedar street, together with the franchises and privileges therein conferred, is hereby repealed.

Passed July 8, 1895.

XIX.-WHITEFISH BAY RAILWAY CO.

AN ORDINANCE
To authorize the construction and operation of a tramway

or street railway on certain streets in the city of Mil-
waukee.

The mayor and common council of the city of Milwau

kee do ordain as follows: il. & W. Section 1. There is hereby given and granted to the B. Rly Co. Milwaukee & Whitefish Bay Railway Company, a cor

poration created and existing by and under the laws of the state of Wisconsin, its successors or assigns, permission and authority to lay a single or double track for a tramway or street railway in and along the center of the following

streets in the city of Milwaukee, to-wit: Commencing at Farwell avenue, North avenue, the intersection of Farwell avenue and North avenue, Bradford street,

thence northeasterly to Bradford street, thence east on Glen avenue.

Bradford street to Glen avenue, thence north on Glen avenue to the city limits. And the said railway to keep, maintain and use and to operate thereon railway cars and carriages to be propelled by animal power only upon Far

well avenue and Bradford street, and by steam motors or used. power by animal power or the power of electricity or mag

netism, or any one or all of them, as will best subserve the interests and purposes of the company upon that part of its line as hereinabove set forth, lying north of the intersection of Bradford street and Glen avenue.

Power to be

Tracks, how laid.

Section 2. The tracks of the said company shall be of the gauge of not more than four feet eight and one-half inches, and shall not be elevated above the surface of the street, shall be laid with modern improved rails, and shall be so laid that carriages and other vehicles can easily and

freely cross said streets at any and all points and in any and all directions without obstruction, and the said company shall at all times keep in good repair the roadway Repair of roadway. between the rails and one foot on the outside of each outside rail, and all of the space in the center of the roadway between the tracks as laid on the above described route.

Section 3. Before any car or carriage shall be used or License fee. operated on said railway said company shall pay to said city a license fee of ten dollars per annum for each car or carriage; said license fee to be paid and a license for such car or carriage to be obtained in the same manner as regulated by ordinance respecting hacks, in said city, and any officer, conductor, driver or agent, of said company, its successors or assigns, who shall operate or cause to be driven or operated upon said line of railway any car or carriage, unless the same shall first have been duly licensed as herein provided, shall be punished by a fine not less than ten nor more than fifty dollars.

Section 4. Said railway company shall charge no more only one fare to be than one fare for each person riding on the cars northward charged. to or southward from Burleigh street.

Section 5. The common council shall have the right to Amendment or amend, modify, repeal or annul the rights and powers repeal. granted by this ordinance or any of them at any time aná prescribe other rules as it may deem proper.

Section 6. The said company, its successors or assigns, Indemnity. shall indemnify and save harmless the city of Milwaukee against all loss or damage which it may incur or become liable to pay, by reason of the power herein granted or by reason of the malfeasance or nonfeasance of the said company, its successors or assigns.

Section 7. The powers and rights herein granted are term of limited to the full term of thirty years, from June 1, 1886.

Section 8. This ordinance shall take effect and be in force from and after its passage and publication.

Passed June 14, 1886.

94–AN ORDINANCE To authorize the Milwaukee & Whitefish Bay Railway Company to extend its lines of railway.

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

Grant to M. & W. Section 1. There is hereby given and granted to the B. Ry. Co. Milwaukee & Whitefish Bay Railway Company, a cor

poration created and existing under the laws of the state of Wisconsin, and to its successors and assigns, the right, privilege and authority to lay, construct and maintain a double track for a street railway, with all necessary and convenient tracks and turn-outs, side-tracks, connections, switches and turn-tables, in, upon and along the streets and bridge in the city of Milwaukee named in the next following sections of this ordinance, and to keep, maintain

and use and operate thereon railway cars or carriages Power to be used.

propelled only by animal power, or by the power of electricity applied by the underground or storage battery system, upon the conditions heretofore prescribed in the criginal ordinance granted to said railway company the right to maintain and operate a street railway in said city of Milwaukee, and subject to the conditions and restric

tions hereinafter mentioned, for and during the term of Term of franchise. twenty-five years from the date of the passage and publi

cation of this ordinance.

Section 2. The said Milwaukee & Whitefish Bay Railway Company aforesaid, and its successors and assigns, are hereby authorized to lay, maintain and use a double track with connections, tracks, side-tracks, turn-outs, switches, turn-tables and turn-table excavations for such railways in, upon and along the course of the following streets and bridge of the said city of Milwaukee, to-wit: Commencing at the southern terminus of the line hereto

fore granted to said company, to-wit, at the intersection of e. Weil North avenue and Farwell avenue, in the Eighteenth ward street, Lee street, of the city of Milwaukee, and extending thence west on Booth street.

and along said North avenue in the Thirteenth ward of said city, and on and along said avenue west to its intersection with Weil street in said Thirteenth ward, thence north on and along said Weil street to its intersection with Lee street, thence west on and along Lee street to its intersection with Booth street, thence south on and along said Pooth street to its intersection with North avenue, and thence west on and along said North avenue to the west

crn limits of the said city. Tracks, how laid.

Section 3. The tracks of said railway shall be of the uniform gauge of four feet eight and one-half inches, and shall not be elevated above the surface of the streets or bridge, and shall be of the same elevation as the grade or

North

grades of tlie street or streets now are or may hereafter be established by the common council, and shall be laid with modern improved rails, and shall be so laid that carriages and other vehicles can easily and freely cross said streets and bridge at any and all points, and in any and all directions without obstruction, and shall be laid as near the center of said streets and bridge and as near together as practicable, and the said company shall at the time of laying of its tracks pave with cedar blocks within its tracks so much of its route as lies along North avenue from the west end of North avenue bridge to Humboldt avenue.

The said corporation and its successors and assigns Repair of roadway. shall keep so much of any streets in this ordinance named and used and occupied by them in operating said railway as lies between two lines extending parallel with the outside lines of said track or tracks and one foot therefrom towards the curb line in good and thorough repair and condition at its and their own cost and charge, and of the same material of which the street may be composed at the time when such repairs shall become necessary, or of such other materials as the common council may from time to time direct, and shall be made during the term hereby granted, the necessity of such repairs to be determined by the board of public works of said city, and the said repairs shall be made within twenty-four hours after notice to do such work has been given by said board of public works; and in case the said Milwaukee & Whitefish Bay Railway Company, its successors or assigns, shall fail to do such work within the prescribed time of twenty-four hours, then the said board of public works is hereby authorized and directed to cause such repairs to be made at the expense of said corporation, its successors or assigns; and said Milwaukee & Whitefish Bay Railway Company shall save harmless the said city from any loss or damage which it Indemnity. may incur or become liable to pay by reason of the malfeasance or nonfeasance of said corporation, grantee, its successors or assigns, in respect to the duties and conditions of this ordinance imposed upon the said corporation.

Section 4. The said Milwaukee & Whitefish Bay 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 finish and have in operation within six months from the passage and publication of this ordinance so

much of the line of railway hereby authorized as lies between Farwell avenue in the Eighteenth ward and Fond du Lac avenue in the Ninth ward of said city of Milwaukee, and shall construct and put in operation that portion of the line of railway hereby authorized, lying west of rond du Lac avenue within six months after that portion of North avenue west of Twelfth street shall be graded and graveled to the established grade; provided, however, that no parts of the months of November, December, January, February and March shall be reckoned a part of the six months or other term herein prescribed for final completion of its said line of railway, and it is specially provided that on failure to commence the work in good faith within sixty days as named, and the failure to finish and have in operation said railway from its eastern terminus to

Twelfth street within six months as aforesaid, and a failure Cars to be operated at any time hereafter to run its cars regularly throughout throughout the

the year, shall work a forfeiture of all the rights and priviyear.

leges hereby granted, and it is further provided that a failure on the part of said corporation or its assigns to construct and operate a railway upon any portion of the streets herein named within the time or times herein livnited therefor shall operate and work a forfeiture of all

rights herein and hereby granted. Notice of opening Section 5. At least twenty-four hours before the openof street to be ing of any street or public place the said corporation shall given.

notify the board of public works or such other officer or officers or department or departments of said city 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 pave

mients to an equally good condition as before disturbed, Duties of B. P. W. 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 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 be actually necessary to execute the work for which the same has been opened; and in all cases where

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