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and turn-tables, on and along Michigan street, from the east side of East Water street to the Michigan street bridge, thence over and along and across said bridge to 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.

Michigan street and bridge,

Sycamore street.

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 Company shall, after the removal of said tracks above 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 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

Roadway and bridge to be repaired.

Joint use of tracks.

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

or system, or make it impossible to use the same in a practicable manner.

Passed October 26, 1891.

35-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 its present track at the intersection of Walnut street and Fond du Lac avenue northwesterly and Fond du Lac upon said Fond du Lac avenue to the city limits; the construction of the line hereby authorized to be commenced within thirty days and to be completed within six months from the passage and publication of this ordinance.

Provided, that the power used for the propulsion of the. cars to be operated over said line shall be either electric or animal power, and that the poles necessary to be used in the construction of said line shall be placed at the curb line.

Provided, further, that the tracks hereby authorized shall be constructed, kept, maintained, used and operated in the manner and upon the terms and conditions which are now provided by the ordinances of the city in reference to other tracks laid by said company. And it shall be the duty of said company to keep so much of any street as is used and occupied by them in operating any railway hereby authorized in good repair and condition so long as it shall be so used and occupied.

Provided, further, that if said company is delayed in the construction or completion of the line authorized by this ordinance, by the order or injunction of any court obtained or continued without the procurement or collusion of said company from completing said route within the time herein specified, then the time of such delay shall

avenue.

Power to be used.

Repair of streets.

Duration of grant.

Roadway to be paved.

Forfeiture.

be excluded, and the same time in addition to the period above described shall be allowed in the completion of said railway.

Provided, further, that the right to operate said railway shall extend to July 1, 1924, and no longer, unless further extended by ordinance, being the same period which is fixed by ordinance, by which said company operates its line of railway by authority of ordinances conferring the right to operate said lines to the Milwaukee City Railway Company and the Cream City Railroad Company, of which the Milwaukee Street Railway Company is the successor and assign.

Section 2. It is hereby made a condition precedent to the granting of this franchise that whenever the common council shall direct the board of public works or the proper city officials to cause the paving of the roadway with cedar blocks or other suitable material on Fond du Lac avenue, from Twenty-fifth street to the city limits, said Milwaukee Street Railway Company shall cause the paving of said portion of said Fond du Lac avenue upon which said railway shall be laid and operated as lies between the two outside rails and one foot therefrom toward the curb lines of the same material of which said avenue may be ordered paved by the common council at its own cost and charge. Said paving to be done within a reasonable time after notice has been given to the said Milwaukee Street Railway Company by the board of public works or the authorized city officers to that effect.

A refusal of said street railway company to comply with all the conditions contained in this section shall be deemed a forfeiture of all rights granted by this ordinance.

Section 3. This ordinance shall take effect and be in force from and after its passage and publication.

Passed April 19, 1892.

36-AN ORDINANCE

To authorize the construction and operation of certain street railways in the city of Milwaukee and for other purposes.

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

Section 1. There is hereby given and granted to the Milwaukee Street Railway Company and its successors and assigns, the right, permission and authority to lay a double track for a railway, with all necessary and convenient tracks for turn-outs, side-tracks and switches in and along the course of streets in the city of Milwaukee hereinafter mentioned. On Lake street from Clinton Lake street. street to Barclay street, in the Fifth ward. On Howell Howell avenue. avenue from its intersection with Kinnickinnic avenue, southerly to the city limits on Oklahoma avenue or street.

On Ellen street from its intersection with Nock street
southerly to Kinnickinnic avenue, and on Kinnickinnic Kinnickinnic
avenue southerly to the city limits, or as hereinafter may avenue.

avenue.

Winnebago street.

be determined. On Delaware avenue from its intersec- Delaware avenue. tion with Ellen street, southerly to the city limits, in the Seventeenth ward. On Forest Home avenue from Lin- Forest Home coln avenue southwesterly to the city limits. On Winnebago street from its intersection with Chestnut street northwesterly to Eighth street, in the Second ward. On Park place from its intersection with Murray avenue to Oakland avenue and on Oakland avenue northerly to the city limits.

Park place and

Oakland avenue.

Section 2. There is hereby given and granted to the West Side Street Railway Company and its successors and assigns, the right, permission and authority to lay a double track for a railway, with all necessary and convenient tracks for turn-outs, side-tracks and switches, in and along the course of the streets in the city of Milwaukee hereinafter mentioned: On Clybourn street from its intersection with Eleventh street, easterly to Sixth street, and on Sixth street from Clybourn northerly to Sycamore street, and on Sycamore street easterly from Sixth street to Third street. On State street from Eleventh street easterly to Seventh street. Provided, that all cost incurred Proviso. in the widening of Sixth street from Clybourn to Sycamore street be borne by the Milwaukee Street Railway Company.

Clybourn street,
Sixth street, Syca-
street.
more street, State

Section 3. There is hereby given and granted to the Milwaukee & Whitefish Bay Railway Company and its successors and assigns the right, permission and authority to lay a double track for a railway, with all necessary and convenient tracks for turn-outs, side-tracks and switches, in and along the course of the streets of the city of Milwaukee hereinafter mentioned: On Humboldt avenue Humboldt avenue.

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