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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 common 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 nianner 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, if 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 14. 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.
ize the Milwaukee City Railway Company to extend its
The mayor and common council of the city of Milwaukee, do ordain as follows:
Section 1. The time for the completion of the railway tracks and operation of the same, authorized in the above named ordinance, is hereby extended for the term of one year from October 1, 1887, on the following streets and parts of streets, to-wit: On Broadway, from its intersection with Michigan street south on said Broadway to its intersection with Huron street; thence west on said Huron street to its intersection with East Water street; provided, however, that if the said road shall not be completed and cars operated thereon at the end of the time herein fixed, that all rights granted under said ordinance of which this is amendatory and hereunder shall cease and determine the same as if such default had been made at the time fixed in said original ordinance and hereby extended.
Section 2. This ordinance shall take effect and be in force from and after its passage and publication.
Passed September 26, 1887.
AN ORDINANCI; To authorize the Milwaukee City Railway Company to extend its tracks in the Sixth and Thirteenth wards.
The mayor and common council of the city of Milwau
kee, do ordain as follows: Harmon, Holton, Section 1. There is hereby given and granted to the Lloyd and Booth Milwaukee City Railway company and to its successors streets.
and assigns the right and authority to lay a double track for a street railway, with all the necessary and convenient tracks for turnouts, connections, side tracks and switches, also turn-tables and other apparatus on and along Harmon street from its intersection with Third street, east to its intersection with Holton street, thence north and along Holton street to its intersection with Lloyd street; thence east on Lloyd street to its intersection with Booth street; thence northerly on and along Booth street to Center street; and the same to keep, maintain and use, to operate
street railway cars or carriages thereon in the manner and upon the conditions herein provided, and provided by the ordinances of the city of Milwaukee authorizing the said railway company to lay tracks and to operate street cars granted heretofore by the said city to the said railway company for and during the full period of fifty years, commencing on the first day of July, A. D., 1874.
Section 2. That portion of the extension of the tracks hereby authorized to be laid commencing at the intersection of Third and Harmon streets and ending at the intersection of North avenue, shall be completed, and cars shall be operated thereon within twelve months of the date of the passage of this ordinance, and the balance of the extension of tracks hereby authorized to be laid, shall be completed and cars shall be operated thereon within eighteen months from the date of the passage of this ordinance. On failure to complete the said road and operate cars thereon within the time herein limited, all rights granted hereby and vested hereunder, shall cease and determine.
Section 3. The tracks hereby authorized to be laid and Tracks, how to be constructed, kept, maintained, used, and railway cars or laid. carriages operated thereon in the manner and upon the conditions which are contained in this ordinance and contained in the ordinances of the city of Milwaukee authorizing the said railway company to lay railway tracks and operate street cars thereon in the said city of Milwaukee: and the said railway company shall keep in good and thorough repair at all times during the continuance of the term hereinbefore fixed, all that part of the streets herein- Repair of streets. before mentioned lying between its two outside rails and one foot therefrom towards the curb line of the same material as that of which the street or streets repaired shall be composed at the time whenever any such repairs shall become necessary. The necessity of such repairs to be determined by the Board of Public Works, and such repairs to be made within twenty-four hours after notice to do such work has been given by said Board of Public Works. The said railway company failing to do such work within the prescribed time of twenty-four hours, then the said Board of Public Works is hereby authorized and directed to cause such repairs to be made at the expense of said Milwaukee City Railway Company.