North avenue bridge to be strengthened.

Snow and ice to be removed from roadbed.

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.

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 & Whitefish 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 the 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.

Streets and bridges that may be used.

commencing with the passage of this ordinance and ending July 1st, A. D. 1924.

Section 2. The said Milwaukee & Whitefish Bay Railway Company and its successors and assigns is, and they are hereby authorized to lay, maintain and use a double track, with connections, side-tracks, turn-outs, switches, turn-tables and turn-table excavations for such street railway on and along the course of the following streets and bridges of the said city of Milwaukee, to-wit: Commencing at the intersection of Glen avenue and Bradford street, in the Eighteenth ward; thence westerly on Bradford street to Oakland avenue; thence south on Oakland avenue to North avenue; thence west on North avenue to Cambridge avenue; thence southerly on Cambridge avenue to its intersection with Boylston place; thence westerly on Boylston place to its intersection with Warren avenue; thence south on Warren avenue to Brady street; thence southwesterly across Brady street and along Warren avenue to its intersection with Lyon street; thence southwesterly and westerly along Lyon street to Milwaukee street; thence south on Milwaukee street to Knapp street; thence west on Knapp street to Broadway; thence south on Broadway to its intersection with Martin street; thence south on Broadway to Michigan street, with the right-of-way for the purpose of said railway over the tracks and roadbed of the Milwaukee City Railroad Company, now laid and in operation on Broadway, from its intersection with Martin street to its intersection with Michigan street, which use and operation the tracks of the said Milwaukee City railroad company shall be in accordance with and subject to the provisions of an ordinance granted by the city of Milwaukee to the said Milwaukee City railroad company, granting the right to lay and operate the said railway on Broadway, approved April 15, 1887. Thence proceeding south on said Broadway from its intersection with Michigan street to the northerly approach of Broadway bridge; thence southerly along and across said Broadway bridge to the southerly approach thereto; thence along and across said southerly approach and across South Water street to Lake street; thence westerly on Lake to the intersection with Barclay street; thence south on Barclay to Florida street; thence west on Florida street to First avenue; thence south on First avenue to Maple street; thence east on Maple street to

Clinton street; thence south on Clinton street to the northerly approach of Clinton street bridge; thence along and across said bridge to the southerly approach thereto; thence south along and across said southerly approach to said bridge and along said Clinton street to the intersection with Lincoln avenue; thence east on Lincoln avenue to the intersection with Howell avenue; thence south on Howell avenue to Potter avenue; thence easterly on Potter avenue to the intersection of Russell avenue; thence southeasterly on Russell avenue, and on said Russell avenue extended to the intersection of Kinnickinnic avenue; thence southeasterly on Kinnickinnic avenue to the southerly limits of the city of Milwaukee; also a branch or extension thereof commencing at the point in said railway at the intersection of said First avenue and Lapham street; thence west on Lapham street to Eighth avenue; thence south on Eighth avenue to the southerly limits of the city of Milwaukee.

Section 3. The said Milwaukee & Whitefish Bay Railway Company is hereby authorized to operate its cars and carriages upon and along its aforesaid track or tracks, by means of power produced by electricity applied by the storage battery system or by means of electricity conducted upon wires suspended over and above the tracks on the streets and bridges aforesaid, and upon such streets and approaches as it may hereafter be authorized to lay and maintain a street railway; and the said company is hereby authorized to keep and maintain the necessary plant, machinery and power house for the purpose of generating such electric power, and is also further authorized to erect and maintain on, along and across the streets, alleys and bridges and under the bridges above mentioned in the city of Milwaukee, the necessary poles, wires, cables and fixtures for the purpose of conducting and applying the power to be used as aforesaid subject to the restrictions and conditions hereinafter contained.

Section 4. All poles erected by said company to carry the wires, shall be constructed of iron, in neat, ornamental manner, and of sufficient strength to support the same, and shall always be kept neatly painted. All such poles shall be inside the curb, and shall not be set at a less distance than one pole in every one hundred and twentyfive (125) feet, except at the intersections of streets, and all wires to be strung thereon shall not be less than

Electricity to be

used.

eighteen feet above the surface of the street. Should the company use in connection with said overhead system and supplementary or feed wires, such supplementary or feed wires shall be laid underground, and the same shall be properly and safely insulated, and all wires used to conduct electric currents for the purpose aforesaid shall be constructed with a return parallel metallic circuit; and all of said work shall be done to the satisfaction of the board of public works of the said city of Milwaukee. When by reason of excavation under the sidewalks or other causes, said poles cannot be set within the said curb lines, then the said board of public works may, upon the application of said corporation, permit the same to place said poles outside of and immediately adjacent to said curb.

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 of the city of Milwaukee 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 secure the speedy restoration of the pavements and street to an equally good condition as before disturbed, 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 of 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