grades of the 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

Cars to be operated throughout the year.

Notice of opening of street to be

given.

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 at any time hereafter to run its cars regularly throughout the year, shall work a forfeiture of all the rights and privileges 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 limited therefor shall operate and work a forfeiture of all rights herein and hereby granted.

Section 5. 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 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 pavements 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

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 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.

Bond.

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 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 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. Provided, 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 granted to the Cream City Railroad Company the right and authority to construct and maintain street railway 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 to 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

Use of tracks of C. C. R. R. Co., and compensation therefor.