XIV. THE RIVER AND LAKE SHORE CITY RAILWAY COMPANY. AN ORDINANCE Authorizing the construction and operation of certain horse railways in the streets of the city of Milwaukee. The mayor and common council of the city of Milwaukee do ordain as follows: Streets in Third, Section 1. Be it ordained by the common council of the city of Milwaukee, in the name and on behalf of said city, that there is hereby granted to "The River and Lake Wards. Shore City Railway Company," organized in accordance with the provisions of chapter seventy-three, of the revised statutes of the state of Wisconsin, and to its successors and assigns, the exclusive right, permission and authority to lay a single or double track for a railway, with all necessary and convenient tracks for turn-outs, side-tracks and switches, in and along any of the streets in the Third, Seventh and First wards of the city of Milwaukee, and to operate the railway, cars and carriages thereon, in the manner and for the time, and upon the conditions hereinafter prescribed; provided, that said track shall not be laid within twelve feet of the sidewalk upon any of the streets, in any case wherever it is practicable to avoid it. Section 2. The cars to be used upon said tracks shall be operated with animal power only, and shall not connect with any other railway on which other power is used. It shall be the duty of said railway companies to employ careful, sober and prudent agents, conductors and drivers, to take charge of their car or cars, when upon their road or roads, and for the violation of any ordinance of the city, on the part of any such officer or officers, employe or employes, upon their said road or roads, the said company shall be liable for all fines, forfeitures, penalties and damages arising therefrom; Provided, however, that nothing in this ordinance shall be deemed or taken to exonerate or discharge, or in any way free any such officer or employe Cars to be used. Duty of company. Proviso. For what tracks may be used. Council may make regulations. Track, how constructed. Rate of fare. Company to keep streets in repair. Franchise for term of twenty-five years. Common council may order purchase, when. from the penalty or penalties for any such violation, or other act or acts by them committed. Section 3. The said tracks or railways shall be used for no other purpose than to transport passengers and their ordinary luggage, and the cars and carriages used for that purpose shall be of the best class and style used on such railways. The common council shall have power, at all times, to make such regulations, as to the rate of speed and manner of running the cars or carriages, as the public safety may require. Section 4. The track of said railway shall not be elevated above the surface of the street, shall be laid with modern improved rails, and shall be so laid that carriages and other vehicles can easily and freely cross said track, at any and all points, and in any and all directions, without obstructions. Section 5. The rate of fare for any distance shall not exceed five cents, except when cars or carriages belonging to said company shall be chartered for a special purpose. Section 6. In consideration of the rights heretofore granted to said company, the company shall keep so much of any streets used and occupied by them in operating said railways, in good repair and condition, during all of the time to which the privileges hereby granted to said company shall extend, in accordance with whatever orders or regulation may be passed or adopted by the common council of said city, respecting the streets along or through which the railway tracks shall be laid, and the said company shall be liable for all the legal consequential damages which may be sustained by any person, by reason of the carelessness, negligence of misconduct of any of the agents or servants of the company, in the course of their employment in the construction or use of the railways aforesaid, or either of them. Section 7. The right to operate said railway shall extend to the full time of twenty-five years from the passage thereof, and at the expiration of said time, the said company, its assigns or successors, shall be entitled to enjoy all of such privileges, until the common council shall elect by order for that purpose, to purchase said track of said railways, cars, carriages, station houses, depot grounds, furniture and implements of any kind and description, used in the construction and operation of fix. Section 8. Such order shall fix the time when said city What order shall will take such railways and other property before mentioned, which shall not be less than six months after the passage of such order, and at the time of taking said railways and other property before mentioned, the city of Milwaukee shall pay to said company, its assigns or successors, a sum of money to be ascertained by three commissioners to be appointed for the purpose, as follows: one to be chosen from the disinterested freeholders of Milwaukee county by the said common council, one in like manner by the said company or its assigns, and the two persons so chosen to choose the third from said freeholders. Section 9. The said company shall commence said Commencement road at the foot of East Water street, at the bridge, and and completion. complete the same so far as the Sisters' Hospital, in the First ward, on or before the first day of July, A. D., 1860, and upon the failure to complete the said road, as above stated, then all rights that are hereby vested in the said company, under this ordinance, shall cease and have no effect. Provided, however, that if said company is delayed by the injunction or any order of any court, then the time of such delay shall be excluded, and the same time in addition to the periods above described shall be allowed for the completion of said railway. The said railway companies shall be required to pay to the city of Milwaukee, a license fee of ten dollars each, for each carriage or car placed on this railroad, before such carriage or car shall be used; such license fee to be paid, and a license obtained in the same manner as licenses are obtained for hacks, and the violation by the driver or conductor of any carriage, or driver of any railroad carriage or car, so licensed, shall forfeit and make void such license, and such carriage or car shall not be permitted to be run or used by said company until a new license shall have been obtained. Passed September 24, 1859. AN ORDINANCE To amend an ordinance entitled "An ordinance authoriz- Streets on South side. The mayor and common council of the city of Milwaukee, do ordain as follows: Section 1. The ordinance recited in the title of this ordinance, and of which this ordinance is amendatory, is hereby amended so as to give, grant and allow to the River and Lake Shore Railway Company, its successors and assigns, the exclusive right, privilege and authority to lay a single or double track for a railway, with all necessary and convenient tracks for turnouts, sidetracks and switches, commencing at the south end of East Water street, at the bridge; thence running across Milwaukee river on Walker's Point bridge, so-called, to Ferry street; thence along Ferry street to Lake street; thence west on Lake street to Clinton street; thence south on Clinton street to Florida street; thence along Florida street from Barclay street west to Hanover street; thence along Hanover street south to Elizabeth street; thence west along Elizabeth street to Cook street; thence south along Cook street to Mitchell street; thence west along Mitchell street to the Janesville plank road; thence west along the Janesville plank road to the city limits, near the Forest Home cemetery, and to operate and use said line and lines of railway, with cars and carriages thereon, in the manner, for the time, and subject to all the conditions and restrictions prescribed in the ordinance hereby amended, in respect to the lines of railway thereon authorized to be constructed and operated. Provided, however, and this ordinance and grant are upon the express condition that the lines of railway hereby authorized to be constructed and operated, shall be commenced within six months from the passage of this ordinance, and that at least one and one-half continuous miles of said track shall be laid down and operated, by running cars regularly thereon, within one year from the passage of this ordinance. Section 2. The said River and Lake Shore Railway Company shall have no right or authority to construct or operate a horse railway in any other street or streets, in the Fifth or Eighth wards of the city of Milwaukee, except as herein granted and allowed, and the lines of railway herein authorized to be constructed and operated, shall be constructed and operated in conformity with the provisions of this ordinance, and of the ordinance hereby amended, and not otherwise. The said company shall construct a double track across said Walker's Point bridge, in such manner as may be directed by the superintendent of bridges. Section 3. The said River and Lake Shore City Railway Company may, and are hereby authorized and empowered to charge and collect for each person who shall be carried in any of its cars, both upon the lines of road hereby authorized to be constructed, and upon the line or lines of road heretofore constructed, or which may be hereafter constructed, under the ordinance of which this ordinance is amendatory, from any point in said city north of Railroad street, in the Eighth ward of said city, to said Railroad street, such rate of fare as said company may deem expedient, not exceeding five cents for any one. person; and not exceeding eight cents for any one person from any point in said city north of said Railroad street to the terminus of said railway, near the Forest Home cemetery. Section 4. The said River and Lake Shore City Railway Company shall have no right to take up or remove, or cease to operate any portion of the line of railway heretofore constructed under the provisions of the ordinance of which this ordinance is amendatory, or of the line of railway hereby authorized to be constructed. Section 5. All conductors, drivers and other employes of said River and Lake Shore City Railway Company, and every person having the charge and custody of any car or team belonging to, or used by said company, shall obey the orders and directions of the superintendent of bridges, and of the several bridge tenders of Walker's Point bridge, as to the time and manner of crossing such bridge with such car or team, and any such conductor, driver, employe or other person who shall disobey any lawful order or direction of such superintendent of bridges, or either of such bridge tenders, shall be punished by fine not less than five nor more than twenty-five dollars. Section 6. All the provisions of the ordinance of which this ordinance is amendatory, shall control and govern all rights, privileges and powers hereby granted, excepting only so far as the same are modified or repealed by the provision of this ordinance. Passed December 21, 1863. |