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Alteration or amendment.

Joint use of tracks.

Compensation.

Section 4. The city of Milwaukee reserves the right to alter and amend this ordinance at any time and the right 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 iti 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

Arbitration.

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

three persons so appointed shall fix and determine the compensation either in gross or payable in installments as may in their opinion be just and proper for the use of said tracks and roadbeds, due reference being had always in fixing the same to the amount and character of the use to be made thereof; and in case of failure or either of the 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 in behalf of the person or corporation failing to so nominate and 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 describe 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 be preserved by him in his office. Such compensation shall be subject to revision from time to time, on similar application made by either party if the character or the extent of such joint use of the roadbed becomes materially changed or affected; and in such case it may be revised either by agreement or arbitration as hereinbefore provvided.

Section 6. This ordinance shall take effect from and after its passage and publication.

Passed January 4, 1888.

AN ORDINANCE
To authorize the Milwaukee City Railway Company to

extend its tracks.

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

Section 1. The Milwaukee City Railway Company is Eighth and Chamhereby authorized to extend its railway by a double track bers streets. with all necessary switches and turn tables in and along the following streets in the city of Milwaukee, to-wit: Commencing at the intersection of Eighth and Wright streets with the right to connect with its present tracks on Eighth street, thence northerly on Eighth street to its intersection with Burleigh street; also commencing at the intersection of Eighth and Chambers streets with the right to connect

on Eighth street; thence easterly on Chambers street froni the intersection of Eighth and Chambers streets to its present track on Third street, with the right to connect with its present track on Third street; provided, however, that that portion of the track authorized to be laid on Chambers street from Eighth street to the east line of Sixth street shall be a single track and laid on the north side of said Chambers street for and during the term commencing from the passage and publication of this ordinance and ending July 1, 1924.

Joint use of tracks. Section 2. The track hereby authorized shall be built

and operated on or before the fifteenth day of June, 1888, provided, that, if the company be delayed in the work by the tearing up of any portion of the streets hereinbefore mentioned by work authorized by the city of Milwaukee, the time of such delay shall be added to the time to which the said company is herein limited.

Section 3. The city of Milwaukee reserves the right to grant to any other person, persons or corporation the right to use such track and roadbed on said part of Chambers street mentioned in section one of this ordinance; provided, that before using the same or any portion thereof, or such portions of said tracks or roadbed upon or over which the said city of Milwaukee 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 said tracks or roadbeds, to be agreed upon between them, and in case of their failure to agree uponi the same within thirty 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 shall name and appoint one person and the Milwaukee City Railway Company shall name and appoint another person, and the said person, persons or corporations 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 in their opinion be just

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