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the work requires the exercise of skill, as in 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 & Whitefish Bay Railway Company or its assigns under the supervision and direction of the said board of public works.

Said corporation shall, within thirty days after the Bond passage and publication of this ordinance, execute to the city of Milwaukee and file with the clerk of said city a good and sufficient bond in the penal sum of fifty thousand dollars ($50,000), to be approved as to form and execution by the city attorney, with two sureties satisfactory to the mayor and common council of said city, conditioned to pay all damages which may in any manner arise either to said city or to individuals by reason of the grant to said Milwaukee & Whitefish Bay Railway Company of the rights and privileges set forth in this ordinance, or on account of the non-fulfillment of any of the provisions of this ordinance, said bond to be renewed from time to time as the common council may direct.

Section 6. The rate of fare upon the railway of said Rate of fare. corporation between the terminal points within said city of Milwaukee or any part thereof, including any extension which may hereafter be built and operated by the said corporation or 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 corporation, grantee, its successors or assigns, shall pay to the city for each car or carriage used thereon such annual license fee as is now License fee. provided by ordinance respecting the street railways in said city, or as may hereafter be prescribed by ordinance, and in addition to such license fee said corporation shall, on and after ten years from the passage and publication of this ordinance, pay to the city of Milwaukee one per centum per annum upon the gross earnings of said corporation.

Joint use of tracks.

Compensation.

Arbitration.

Section 7. The city of Milwaukee reserves the right to grant to any other person, persons, corporation or corporations, the right to use said tracks and roadbed upon and along any of the streets mentioned in section 2 of this ordinance; provided, that before using the same or any part thereof, or such portion of said tracks 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 or secure to be paid to the said Milwaukee & Whitefish Bay 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 ten days after written application by such person or corporation to the said Milwaukee & Whitefish Bay 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 & Whitefish Bay 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, which in their opinion may be just and proper for the use of said tracks and roadbed, due reference being always had 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 corporation 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 so failing to 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 the amount of the use to be made, as well as the compensation therefor, and shall be filed with the city clerks, and he 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 tracks and roadbec! becomes materially changed or affected, and in such case it may be revised either by agreement or by arbitration, as hereinbefore provided. Prorided, that always the Milwaukee & Whitefish Bay Railway Company shall have a prior right on its tracks everywhere to use its system of power, and no joint use thereof shall ever be enforced that shall force said company to change its power or system, or make it impossible to use the same in a practical manner.

Section 8. The city of Milwaukee having also Use of tracks of granted to the Cream City Railroad Company the right C. C. R. R. Co.,

and compensation and authority to construct and maintain street railway therefor. tracks, and the necessary collaterals thereto, along North avenue, from Island avenue to Richards street for and during said term, and having reserved the power to grant t) any other person or corporation the right to operate street railway cars and carriages upon and over the tracks to be laid as aforesaid, and upon the condition that compensation be made by the owners thereof, as hereinafter provided, there is hereby granted to the Milwaukee & Whitefish Bay Railway Company, its successors and assigns, the right and authority to operate street cars and carriages upon and over said tracks of said Cream City Railroad Company, from the intersection of Island avenue with North avenue to Richards street on said North avenue, for and during the term of twenty-five years, under the express conditions that said Milwaukee & Whitefish Bay Railway Company shall pay to the Cream City Railroad Company just and adequate compensation for the use of said track of the Cream City Railroad Company, as may be agreed upon by the said two companies; and in case of their failure to agree upon the same within ten days after written application by the said Milwaukee & Whitefish Bay Railway Company to the Cream City Railroad Company, for the privilege of running cars over the last named company's said tracks, from Island avenue to Richards street, along North avenue, 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 shall name and appoint one person, and the Milwaukee & Whitefish Bay Railway Company shall name and appoint another person, and the said Cream City Railroad Company shall name and appoint another person, and the three persons so appointed shall fix and

determine the compensation, either in gross or payable in installments, as may be in their opinion 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 the failure of either of said persons or corporation 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 such arbitrators, and the compensation so 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 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 before provided.

North avenue bridge to be strengthened.

Snow and ice to be

e removed from roadbed.

Section 9. The Milwaukee & Whitefish Bay Railway Company shall do all work and furnish all material at its own cost and charge, which may be necessary or required to repair and strengthen the bridge and the roadway on said bridge now extending over the Milwaukee river at North avenue, to the satisfaction of the city engineer; and said railway company shall not lay track or operate cars on or over said bridge until said work shall have been done and a certificate to the effect obtained from the city engineer and filed with the city clerk.

Section 10. The Milwaukee & Whitefish Bay Railway Company shall at all times keep its track 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 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 snow and ice to be removed from the streets adjacent to said tracks, at the cost and

expense of said Milwaukee & Whitefish Bay Railway Company, and it is a condition precedent to the conferring of the rights hereinbefore granted that the said Milwaukee & Whitefish Bay 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, or by reason of the granting of the rights and privileges herein contained and stated.

Section 11. The city of Milwaukee reserves the right to Alteration or alter and amend this ordinance so as to regulate the speed amendment. at which cars shall be run on tracks hereby authorized to be laid, and the time of running the same.

Passed September 23, 1889.

137-AN ORDINANCE

To authorize the Milwaukee & Whitefish Bay Railway

Company to extend its track and railway, and to operate the same by the use of electricity.

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

Section 1. The Milwaukee & \Vhitefish Bay Railway company, a corporation duly organized and existing under the laws of Wisconsin, is hereby authorized to extend its railway upon and along the streets and bridges in the said city of Milwaukee hereinafter designated, and for that purpose there is hereby given and granted to tlie said Milwaukee & Whitefish Bay Railway Company, and its successors and assigns, the right, privilege and authority to lay and maintain a double track for the said railway, with all necessary and convenient tracks and turn-outs, side-tracks, connections, switches and turntables upon and along the streets and bridges in the city of Milwaukee named in the next following section of this ordinance, and to keep, maintain, use and operate thereon railway cars and carriages propelled by the power of electricity applied by the storage battery, overhead or other approved system, subject to the conditions and restrictions hereinafter named, for and during the term

Electrical power authorized

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