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109-AN ORDINANCE

To authorize the construction and operation of a street railway in the city of Milwaukee.

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 & Waukesha Electric Railway Company, a corporation, created and existing under the laws of the state of Wisconsin, and to its successors and assigns, the right, permission and authority to lay a double track for a street railway, with all necessary and convenient tracks, connections, switches, turn tables and appurtenances in and along the course of the streets and bridges in the city of Milwaukee hereinafter mentioned, and the same to use and occupy in a manner and upon the conditions hereinafter provided, including the rights subject to the provisions hereof, to at all times make all necessary excavations, ditches and trenches, and to make all necessary sewer connections, and the right, permission and authority hereby and herein granted shall expire, cease and determine on the first day of July, A. D. 1924.

Section 2. Commencing at the western limits of the city of Milwaukee on Wells street, thence east on Wells street to West Water street, and the said Milwaukee & Waukesha Electric Railway Company, its successors and assigns, are hereby authorized to use the tracks of the Milwaukee Electric Railway & Light Company in the operation of its road on Wells street from West Water street to the westerly approach of Wells street bridge, and across said Wells street bridge to Oneida street, and on Oneida street to East Water street, upon paying or securing to be paid to the said Milwaukee Electric Railway & Light Company a just and adequate compensation for the use of said tracks and roadbed, to be agreed upon between the said two companies; and in case of their failure to agree upon the same within sixty days after written application by said Milwaukee & Waukesha Electric Railway Company for the privilege of running its cars over said piece of track--a copy of which application shall be filed with the city clerk at the time when made then such compensation shall be determined by arbitration. The city of Milwaukee by its mayor shall appoint one person as arbitrator, and the said Milwaukee & Waukesha

General franchise

granted

Wells street.

West Water street.

Wells street bridge,
Oneida street,
East Water street.

Joint use of roadbed-compensation-arbitration.

East Water street,
Oneida street,
Broadway, Michi-
gan street and

bridge, Sycamore

street, Third street.

Electric Railway Company another, and the Milwaukee Electric Railway & Light Company a third, and the three persons thus chosen shall fix and determine the compensation to be paid to said Milwaukee Electric Railway & Light Company, either in gross or in installments pursuant to the ordinance in that behalf provided.

Thence from the intersection of Oneida street and East Water street, east along Oneida street to Broadway, and south on Broadway to Michigan street, thence west on Michigan street to the eastern approach of Michigan bridge, thence westerly across said approach to Sycamore street, thence westerly on Sycamore street to Third street, and the said Milwaukee & Waukesha Electric Railway Company is hereby authorized to use the tracks of said Milwaukee Electric Railway & Light Company in the operation of its road on Michigan street to the eastern Joint use of tracks, approach of Michigan street bridge, and across said

etc.

No additional

Wells and State streets.

Michigan street bridge to the western approach thereof, and westerly on Sycamore street to Third street, upon paying or securing to be paid to the said Milwaukee Electric Railway & Light Company a just and adequate compensation for the use of said tracks and roadbed, to be agreed upon between the said two companies in the same manner and under the same conditions as above provided. And thence west on Sycamore street to Fifth street. The track or wires on said Milwaukee & Waukesha Railway Company shall not be permitted to lay any additional track or tracks, or construct any additional overhead electric trolley or feed wires on Wells street and State street, from the western city limits to Eleventh street, but shall use the rails and construction already existing, or which shall hereafter exist during the term of this grant on said streets; and unless legal and satisfactory arrangements shall be made with any person or corporation owning or having the right to operate any street railway on said Wells street and State street, within the limits hereinbefore set forth, the license and consent herein granted shall not in any wise be construed as a contract or guaranty by the city of Milwaukee of the right of the grantee herein to occupy the rails and other property of any other such person or corporation now having a prior right to use and occupy a portion of said Wells street and State street, but shall be construed solely and only as a license on the part of said city to occupy said tracks, roadway and appurtenances, so

Consent granted merely a license.

far as it is (or may hereafter be) authorized by law, contract or arbitration so to do.

Section 3. Also commencing at the western city limits and State street, thence east on State street to State street bridge, thence east across State street bridge to Martin street, thence east on Martin street to Broadway.

State street.

State street bridge.
Martin street.

Broadway.

Lincoln avenue and bridge to westerly city limits.

Section 4. Also commencing at the southern limits of Logan avenue, the city on Logan avenue, running thence north on Logan avenue to Lincoln avenue, thence west on Lincoln avenue to the easterly approach of Lincoln avenue bridge, thence westerly along said bridge to the westerly approach thereof, thence along said westerly approach, thence westerly on Lincoln avenue to the western limits of the city.

avenues, First avenue viaduct and bridge, Sixth street bridge and viaduct, Sixth street, Clybourn street, Fifth street, Prairie street, Sixth street, Locust street, Seventh street.

Eighth avenue, Greenfield avenue, Sixth avenue.

Also commencing at the intersection of Lincoln avenue Lincoln and First and First avenue, running thence north on First avenue to the First avenue viaduct, thence along said viaduct to First avenue bridge, thence along said First avenue bridge and First avenue to the Sixth street bridge, thence along and across Sixth street bridge and the Sixth street viaduct to Sixth street, thence north on Sixth street to Clybourn street, thence easterly and northeasterly on Clybourn street to Fifth street, thence north on Fifth street to Prairie street, thence west on Prairie street to Sixth street, thence north on Sixth street to Locust street, thence west on Locust street to Seventh street, thence north on Seventh street to the nornhern limits of the city. Also commencing at the southern limits of the city on Eighth avenue, running thence north on Eighth avenue to Greenfield avenue, thence east on Greenfield avenue to Sixth avenue over the tracks of the Milwaukee Electric Railway & Light Company to Sixth avenue, upon paying Joint use of tracks. or securing to be paid to the Milwaukee Electric Railway & Light Company a just and adequate compensation for the use of said roadbed, to be agreed upon between the said two companies in the same manner and under the same conditions as above provided. Thence north on Sixth avenue to Park street, thence east on Park street to First avenue; provided, however, that said Milwaukee & Waukesha Electric Railway Company shall locate its tracks at Fifth and Clybourn streets, in such a manner as not to foul or interfere with the tracks of the Chicago, Milwaukee & St. Paul Railway Company as now laid.

Park street, First

avenue.

No interference with Ry. tracks permitted.

Oakland avenue,
Cambridge ave-
nue, Brady street,
Warren avenue,
Webster place,
Lyon street, Van
Buren street,
Knapp street,
Broadway, Michi-
gan street, Mil-
waukee street,
Chicago street,
Broadway and
bridge, South
Water street,
Lake street,
Barclay street,
Florida street,
First avenue.

Humboldt avenue,
Racine street and
bridge, North
Water street, Cass

street, Lyon
street.

Sixth street, Hadley street.

Lloyd street,
Twenty-fourth

street, Brown
street.

Notice of opening street to be given.

Section 5. Also commencing at the northern limits of the city on Oakland avenue, running thence south and southwesterly on Oakland avenue to its intersection with Cambridge avenue, thence south on Cambridge avenue to Brady street, thence west on Brady street to Warren avenue, thence southwest on Warren avenue to Webster place, thence west on Lyon street to Van Buren street, thence south on Van Buren street to Knapp street, thence west on Knapp street to Broadway, thence south on Broadway to Michigan street, thence east on Michigan street to Milwaukee street, thence south on Milwaukee street to Chicago street, thence west on Chicago street to Broadway, thence south on Broadway to the northerly approach of Broadway bridge, thence along said approach to Broadway bridge, thence along and across said Broadway bridge to the southerly approach thereto, thence along the southerly approach of Broadway bridge and South Water street to Lake street, thence westerly on Lake street to the intersection of Barclay street, thence south on Barclay street to the intersection of Florida street, thence westerly on Florida street to the intersection of First avenue.

Section 6. Also commencing at the northern limits of the city on Humboldt avenue, running thence south on Humboldt avenue to the northerly approach of Racine street bridge, thence along said approach to Racine street bridge, thence along and across Racine street bridge to the southerly approach thereto, thence along said. approach to the intersection of North Water street and Racine street, thence west and southwest on North Water street to Cass street, thence south on Cass street to Lyon street.

Also commencing at the intersection of Sixth street and Hadley street, thence west on Hadley street to the western limits of the city.

Also commencing at the intersection of Lloyd street and Sixth street, running thence west on Lloyd street to Twenty-fourth street, thence south on Twenty-fourth street to Brown street, thence west on Brown street to the western limits of the city.

Section 7. 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 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 openings made as aforesaid, the relaying of pavements and all other necessary work to complete the restoration of the street and pavement to be in as good condition as before disturbed. Said corporation and its servants and its employes shall be under the supervision and direction of the board of public works or its authorized agent, and shall promptly comply with any order of such board or agent of the said common council in reference thereto. Nor shall any street, avenue or public place be allowed to remain open, incumbered 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 the laying or relaying of pavements and all other necessary work, and 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 agents, 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 & Waukesha Electric Railway Company or its assigns, under the supervision and direction of the board of public works, and no public sewer or water pipe shall be tapped or any sewer or water connections made therewith by the said corporation unless a permit therefor shall be duly issued in the manner provided by law.

Orders of B. P. W. to be complied

with.

conditions.

Said corporation shall, within thirty days after the Bond to be filed passage and publication of this ordinance, execute to the city of Milwaukee and file with the city clerk of the said city of Milwaukee, a good and sufficient bond in the penal sum of one hundred thousand dollars, to be approved as to form and execution by the city attorney, with two or more sureties satisfactory to the mayor of said city, conditioned to pay all damages which may in any manner arise either to the city or any individual on account of the non-fulfillment of any of the provisions of this ordinance,

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