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ment, the said company may place its poles at the curh line.

Said company shall carefully and in a workmanlike manner, place its trolley and feed wires upon said poles and shall protect the same from other wires by a suitable and proper wire of sufficient size over said trolley or feed wires.

Section 2. Nothing herein contained shall be construed as repealing an ordinance entitled: “An ordinance granting certain rights to the Milwaukee City Railway Company, to the Cream City Railroad Company and to the West Side Railroad Company respectively, and amending the respective ordinances granting them certain rights in the city of Milwaukee,” passed October 14, 1889, except insofar as the provisions of that ordinance are inconsistent, then to that extent such ordinance is repealed.

Passed April 6, 1891.

XX.-MILWAUKEE STREET RAILWAY CO.

Third street.

49—AN ORDINANCE To authorize the Milwaukee Street Railway Company to extend its tracks.

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

Section 1. The Milwaukee Street Railway Company, its successors and assigns, is hereby authorized to extend its railway, by a double track, with all necessary switches and turn-tables from its present terminus at the intersection of Third and Sycamore streets, south on Third street to the present terminus of its line on Third street, near the depot of the Chicago, Milwaukee & St. Paul Railroad, in the Fourth ward of the city of Milwaukee, for and during term commencing with the passage of this ordinance and ending July 1, 1924.

Passed May 4, 1891.

89—AN ORDINANCE To authorize the Milwaukee Street Railway Company,

and its successors and assigns of Milwaukee, Wisconsin, to construct and operate its railway on certain streets and roads.

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

Section 1. The Milwaukee Street Railway Company and its successors and assigns, is hereby authorized to construct and operate its railway across, along and upon certain streets and roads in the city of Milwaukee, as follows:

From the terminus of its present track at or near the intersection of Third and Burleigh streets, northwesterly along the Green Bay road, so-called, to the city limits, and Green Bay road. on the Washington road, so-called, from the intersection Washington road. from the Green Bay road, aforesaid, northerly, to the city limits, construction of the lines hereby authorized to be commenced as soon as the grade shall have been established and the streets made to conform to the said grade.

Passed June 29, 1891.

146—AN ORDINANCE Authorizing the Milwaukee Street Railway Company and

its successors and assigns of Milwaukee, Wisconsin, to construct and operate its railways on certain streets and roads.

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

Section 1. The Milwaukee Street Railway Company and its successors and assigns, is hereby authorized to construct and operate its railway across, along and upon certain streets in the city of Milwaukee, as follows:

From the intersection of Russell avenue and Ellen Ellen street street, southeasterly on said Ellen street to its intersection with Nock street, said line to be built to the intersection of Ellen and Nock streets aforesaid on or before December 31, 1891, and when such line shall have been completed to the corner of Ellen and Nock streets, the said Milwaukee Street Car Company shall have the privilege to

take up its tracks and cease to operate its line on said Russell avenue from Ellen street northeasterly to Superior street, as now operated by them.

Section 2. This ordinance shall take effect and be in force from and after its passage and publication.

Passed August 10, 1891.

Center street, Seventeenth street, Hopkins road.

188—AN ORDINANCE To authorize the Milwaukee Street Railway Company, its

successors and assigns to extend its tracks on certain streets mentioned therein, and for other purposes.

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

Section 1. The Milwaukee Street Railway Company, its successors and assigns, are hereby authorized to extend its present tracks at the corner of Center and Teutonia streets, along Center street, westerly to Seventeenth street, thence northrly on Seventeenth street to the Hopkins road (so-called), thence northwesterly on the Hopkins road to the city limits.

Section 2. This ordinance is passed on the condition and subject to the agreement upon the part of the Milwaukee Street Railway Company that it will surrender any and all rights which it may have to place its tracks upon Teutonia street, heretofore mentioned, from its intersection with Center street north to the city limits, and the building of the lines granted by this ordinance are accepted and agreed to on the part of the said Milwaukee Street Railway Company as an acceptance of the conditions imposed in this section.

Passed September 21, 1891.

Teutonia street.

193—AN ORDINANCE To authorize the Milwaukee Street Railway Company to extend its tracks.

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

Section 1. The Milwaukee Street Railway Company, its successors and assigns, is hereby authorized to extend its railway by a double track, with all necessary switches and turn-tables, on and along Michigan street, from the east side of East Water street to the Michigan street Michigan street bridge, thence over and along and across said bridge to and bridge,

Sycamore street. Sycamore street to its intersection with West Water street. Work necessary to be done under the provisions of this ordinance to be commenced in good faith within ten days and completed within six months after the passage and publication of this ordinance.

Provided, however, that whenever the said Milwaukee Proviso. Street Railway Company shall build its line of railway over and upon the said streets and bridge mentioned in this section, that is to say, Michigan street and Sycamore street and the bridge connecting therewith over the said Milwaukee river, then the right heretofore granted to the Cream City Railway Company is the successor and assign, to build and operate its lines over and upon the following described route, viz.: Huron street from East Water street west to Huron street bridge, so-called; thence over said bridge to Clybourn street, thence westerly on Clybourn street to West Water street, thence westerly over its present tracks to the depot of the Chicago, Milwaukee & St. Paul Railway Company, shall cease and determine, and the building of said line first above specified as provided for in this ordinance by the said Milwaukee Street Railway Company shall be considered and accepted by them as an acceptance on their part of the provisions of this ordinance in respect to the abrogation of their rights, upon the said streets last specified in this section, and the said company shall immediately thereupon proceed to remove its tracks and other appurtenances from the streets and bridge last mentioned, and cease to operate their street car lines upon the same.

Provided, further, that the Milwaukee Street Railway Roadway and Company shall, after the removal of said tracks above bridge to be named, replace the streets and the roadway of said bridge in good order and repair at its own expense.

Section 2. The city of Milwaukee reserves the right to Joint use of tracks grant any person, persons, corporation or corporations, the right to use such tracks and roadbed along the said streets and bridge hereinbefore named, provided, that before using the same or any portion thereof, or such portion of said track or roadbed upon or over which the said city of Milwaukee shall have granted a franchise to any

Compensation.

Arbitration.

person or corporation, said person or corporation shall pay or secure to be paid to the Milwaukee Street Railway Company a just and adequate compensation for the use of said tracks and roadbed agreed upon between them, and in case of their failure to agree upon the same within sixty days after written application by such person or corporation to the Milwaukee Street 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 Street Railway Company shall name and appoint another person, and the said person or corporation to which said 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, as may in their opinion be just and proper, for the use of said roadbeds and tracks, reference being had always in fixing the sum to the amount and character of the use to be made thereof, and in case of failure of either of said person or corporation to appoint a suitable person within the 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 failing so to nominate and appoint an arbitrator. And the compensation as fixed and determined, for the use of such tracks and roadbed by said 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 to be preserved by him in his office. Such compensation shall be subject to revision from time to time on similar applications made by either party if the character or extent of such joint use of the tracks and roadbeds becomes materially changed or affected, and in such case it may be revised either by agreement or by arbitration, as hereinbefore provided.

Provided, always, however, that the Milwaukee Street 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 compel said company to change its power

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