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Broadway and
Huron streets.

Harmon, Holton,

streets.

AN ORDINANCE

To amend an ordinance entitled "An ordinance to authorize the Milwaukee City Railway Company to extend its tracks in the city of Milwaukee," passed March 28, 1887. 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 ORDINANCE

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 Milwaukee, do ordain as follows:

Section 1. There is hereby given and granted to the Lloyd and Booth Milwaukee City Railway company and to its successors 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.

laid.

Section 3. The tracks hereby authorized to be laid and Tracks, how to be constructed, kept, maintained, used, and railway cars or 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.

Alteration or amendment.

Joint use of tracks.

Compensation.

Arbitration.

Section 4. The city of Milwaukee reserves the right to alter and amend this ordinance at any time and the righ to regulate the time of running of and the speed at which the cars shall be run, upon the tracks hereby authorized to be laid.

Section 5. The city of Milwaukee reserves also the right to grant to any other person or persons, corporation or corporations, the right to use the tracks and roadbed of the Milwaukee City Railway Company, to be laid upon and along said Holton street, provided that before using the same or any part thereof or any portion of such tracks or roadbed upon or over which the said city shall have granted a franchise to any person or corporation, such person or corporation shall pay or secure to be paid to the said Milwaukee City Railway Company a just and adequate compensation for the use of such tracks and roadbed, 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 or corporation to the Milwaukee City Railway Company for the privilege of running cars over the last named company's said tracks at said place, a copy of which application shall be filed with the city clerk of the city of Milwaukee at the same 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 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 so appointed shall fix and determine the compensation, either in gross or payable in installments, and under such conditions and regulations as the three persons so appointed shall prescribe, and as may be in their opinion just and proper for the use of the said tracks and roadbeds, due reference being always 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 such time, the mayor of the city of Milwaukee shall appoint a suitable person to act for and on behalf of the person or corporation so failing to appoint an arbitrator; and the compensation as fixed and determined for the use of said tracks and roadbeds by such arbitrators, or a majority of them, shall be final and conclusive. The

award of the arbitrators shall prescribe the character and amount of the use to be made, as well as the compensation therefor, and shall be filed with the city clerk, and shall be preserved by him in his office, and such compensation shall be subject to revision from time to time on similar application made by either party, if the character or extent of the joint use of the roadbed becomes materially affected, and in such case it may be revised either by agreement or arbitration, as before provided.

Section 6. This ordinance shall take effect and be in force from and after its passage and publication. Passed September 26, 1887.

AN ORDINANCE

To authorize the Milwaukee City Railway Company to extend its tracks on Greenfield avenue.

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

Section 1. The Milwaukee City Railway Company is hereby authorized to extend its track by a double track from its present road at the intersection of Greenfield avenue and Fourth avenue westward along Greenfield avenue to the city limits.

Section 2. The tracks hereby authorized shall be con- Greenfield avenue. structed, 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 on Greenfield avenue and subject to such reasonable rules and regulations as the common council may hereafter prescribe.

Section 3. That portion of said railway hereby authorized shall be built and regularly operated by the first day of January, A. D. 1889.

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 Greenfield avenue 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 said street shall be composed, at any time when any such repairs shall be necessary; the necessity of such repairs to be determined by the board of public works, and the said repairs shall be made within twenty-four hours after notice to do such work has been given by the board of public works; the said Milwaukee City Railway Company failing to do such work within the prescribed time of twenty-four hours, then said board of public works is hereby authorized to and directed to cause such repairs to be made at the expense of said Milwaukee City Railway Company, and shall save harmless the said city from any loss or damage which it may incur or become liable for by reason of the malfeasance or non-feasance of said grantee, its successors and assigns, in respect to the duties and conditions in this ordinance imposed upon it.

Section 5. The city of Milwaukee reserves the right to grant to any other person, persons, corporation or corporations, the right to use such tracks and roadbed upon and along said portion of Greenfield avenue, provided, however, that no such right to use such track and roadbed shall be granted upon said portion of Greenfield avenue to any person or corporation for a greater distance than three consecutive blocks in length, provided, that before using the same or any portion thereof, or such portion of said track and roadbed upon or over which the city of Milwaukee has granted a franchise to any person or corporation, such person or corporation shall pay or secure to be paid to the said Milwaukee City Railway Company a 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 or corporation 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, by its mayor, 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

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