Section 2. The line of railway hereby authorized shall be completed and in operation within two years from the passage of this ordinance, and the rights hereby conferred shall cease at the end of fifty years from 1874. Section 3. This ordinance shall take effect from and after its passage and publication. Passed July 6, 1885. AN ORDINANCE To authorize the Milwaukee City Railway Company to extend its tracks 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 City Railway Company, and to its successors. and assigns, the right, permission and authority to lay a double track for a railway, with all necessary and cor venient tracks and turn-tables, in and along the course of streets and bridges in the city of Milwaukee, hereinafter mentioned, and the same to keep, maintain, use and operate thereon, railway cars and carriages in the manner and upon the conditions heretofore prescribed in the ordinance granted to the said railway company the right to maintain and operate a street railway in the city of Milwaukee, subject to the conditions and restrictions hereinafter mentioned, and for and during the term commencing with the passage of this ordinance, and ending July, A. D., 1924. Section 2. The said company is hereby authorized, as aforesaid, to lay said tracks on and along State street in the Second ward of said city, beginning at Third street and extending east along said State street to the Milwaukee river; thence along and on the bridge to Martin street, thence east along Martin street to Broadway; thence south along Broadway to Michigan street; thence east along Michigan street to Lake street; thence northerly along Lake street to the section line (also commencing at the intersection of Michigan street with Broadway in the Third ward of the city of Milwaukee and extending south along Broadway to Huron street; thence west along Huron street to its intersection with East Water street; also on and along Michigan street from the intersection with Broadway in a westerly direction to East Water State, Martin, street, provided, however, that the city of Milwaukee reserves the right to grant to any other person, persons, or corporations, the right to use such tracks and roadbed upon the conditions hereinafter prescribed, and on and along all of the streets, parts of streets, and highways hereinbefore mentioned, and on and over the tracks and roadbeds thereupon. Provided, further, that before using the same or any part thereof, that such portions of such tracks and roadbed upon and over which the city of Milwaukee shall have granted a franchise to any such person or corporation, such person or corporation shall pay or secure to be paid to the said Milwaukee City Railway Company just and adequate compensation for the use of said tracks. and roadbeds to be agreed upon between them. And in case of their failure to agree upon the same within sixty days after written application by such person of corpora tion, to the Milwaukee City 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 shall name and appoint one person, and the Milwaukee City Railway Company shall name and appoint another person, and the said person or corporation to which such 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 be in their opinion just and proper, for the use of said track and roadbeds, due reference being had in fixing the same to the amount and character of the use to be made thereof. And in case of a failure of either of said persons or corporations 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, as the arbitrator, and the compensation as 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 the 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 upon similar appli cation made by either party if the character or extent of such joint use of the roadbeds becomes materially changed or affected, and in such case it may be revised either by agreement or arbitration, as before provided. Section 3. The said grantee and its assigns shall begin and complete the construction of the railway tracks hereinbefore mentioned, and shall operate street cars and carriages thereon, on or before the expiration of six months from the passage of this ordinance; provided, however, that a failure to construct and operate such railway within said time shall operate as a forfeiture of all the rights hereby granted, and the same shall thereupon cease and determine, excepting upon the following streets and parts of streets, to-wit: On Michigan street from its intersection with Broadway to East Water street, which portion. shall be built within such time as the common council may hereafter direct, and in case of failure to build such portion within thirty days from and after the time which the com mon council may specify for that purpose, all rights to build such portion under the ordinance shall be forfeited. And, whereas the city of Milwaukee has empowered the Cream City Railroad Company to construct and lay its tracks from a point at the intersection of East Water street and Huron street, in the Third ward of the city of Milwaukee, thence running westerly along Huron street, and over the bridge to Clybourn street to its intersection with West Water street; now therefore, the city of Milwaukee further grants to the said Milwaukee City Railway Company the right to operate its railway cars upon the tracks so to be built by the said Cream City Railroad Company upon payment of due compensation for the use of their tracks and roadbed, which compensation may be agreed upon by the said two companies, and if not so agreed. upon shall be fixed and determined between the said two companies in the manner and upon the principle hereinbefore provided for fixing the compensation which the Milwaukee City Railway Company shall receive from other persons and companies for the use of its tracks; and the said Milwaukee City Railway Company accepts this ordinance upon the condition of agreeing to the provision. hereinbefore contained, and to the provisions of such ordinances as the common council of the city of Milwaukee has passed or shall pass conferring power upon the Cream City Railroad Company to build and use the tracks as hereinbefore prescribed. And the said Milwaukee City Railway Company before it shall be authorized to construct or operate any road under the provisions of this ordinance shall file with the city clerk of the city of Milwaukee an instrument in writing properly executed to the satisfaction of the city attorney, which shall fully express its acceptance of the provisions and conditions of this ordinance, and its acceptance of the provisions and conditions of any ordinance to authorize the Cream City Railroad Company to construct or use railroad tracks as hereinbefore prescribed, and to use the tracks and the roadbeds of the said Milwaukee City Railway Company which are or shall be constructed upon the streets or highways hereinbefore described, and upon said State street from its intersection with Third street to Sixth street, in the city of Milwaukee. Section 4. This ordinance is granted by the city of Milwaukee and accepted by said Milwaukee City Railway Company upon the express condition that whenever the said tracks are laid on Martin street between Broadway and Market street, said railway company will at its own cost and expense pave, or cause to be paved, in such manner and of such material as the common council shall by resolution direct, all that portion of said Martin street lying between the west line of Broadway and the east line of Market street; and upon the further condition that the said Milwaukee City Railway Company shall keep in good and substantial repair, at its own cost and expense, the roadbed lying between the two lines extending parallel with its tracks and one foot therefrom towards the curb line upon all the streets herein mentioned with the same material at all times of which the street is composed at the time when such repairs shall become necessary. Section 5. This ordinance shall take effect and be in force from and after its passage and publication. Passed March 28, 1887. AN ORDINANCE To authorize the Milwaukee City Railway Company to extend its track on Walnut street. The mayor and common council of the city of Milwaukee, do ordain as follows: Section 1. The Milwaukee City Railway Company is Walnut street. hereby authorized to extend its track by a double track from its present terminus at the intersection of Sixteenth and Walnut streets, westward along Walnut street to the city limits. Section 2. The tracks hereby authorized shall be constructed, kept, maintained, used and operated, in the same manner and upon the same conditions now provided by ordinances of the city in reference to the tracks of said company already laid upon Walnut street, and subject to such reasonable rules and regulations as the common council may hereafter prescribe. Section 3. That portion of said railway hereby authorized which lies east of Twentieth street shall be built within one year from the passage of this ordinance, and so much as lies between the east line of Twentieth street and the city limits shall be constructed within six months of the time when a sewer is laid on that part of Walnut street. The railway company, however, may lay the track west of the east line of Twentieth street before the sewer is laid, it it shall think best so to do. Provided, however, that said railway company shall forthwith remove said tracks from said part of Walnut street whenever directed so to do by the Board of Public Works of said city, for the purpose of facilitating the construction of said sewer, and upon its failure to remove said tracks, the city shall have power to do so at the cost of said railway company. Section 4. The rights and privileges accorded by this ordinance shall remain and be in force up to the first day of July, 1924, unless sooner terminated by law, and said railway company shall keep and maintain in good and thorough repair during the continuance of said term at its own costs and charge all that portion of said Walnut street lying between the outside rails of the track hereby authorized to be laid, and one foot therefrom, towards the curb line, of the same material as that of which the said street shall be composed at any time when any such repairs shall be necessary. Section 5. This ordinance shall take effect from and after its passage and publication. Passed June 6, 1887. |