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61-AN ORDINANCE

To amend an ordinance entitled an ordinance granting certain rights to Milwaukee City Railroad Company to the Cream City Railroad Company and to the West Side Railroad Company respectively, and amending the respective ordinances granting them certain rights in the city of Milwaukee, passed October 14, 1889.

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

Section 1. Section 5 of said ordinance is hereby amended so as to read as follows: "Section 5. The work of construction under the provisions of this ordinance shall be commenced by the West Side Railroad Company and the Milwaukee Street Railway Company, the successor of said Cream City Railroad Company, and the Milwaukee City Railroad Company, in good faith, within three months after the passage and publication of this ordinance, and said companies shall complete the equipment of their entire road and operate their cars by electricity by the 31st day of May, 1892.”'

Passed May 18, 1891.

XVI.—CREAM CITY RAILROAD COMPANY.

AN ORDINANCE To authorize the construction and operation of a certain horse railway 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 Frank B. Van Valkenburgh, James H. Hoes, Ed. C. Wall, H. S. Mack and James B. Turck, and their 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 the course of the streets in the city of Milwaukee hereinafter mentiored, and the same to keep, maintain and use, and to operate thereon cars and car

riages in the manner and upon the conditions hereinafter provided, and for and during the full term of fifty years from the first day of July, 1874, and no longer.

Section 2. The said persons hereinbefore mentioned, West. Fast and their successors and assigns, are hereby authorized to lay South sides. a single or double track for such railway and along the course of the following streets of the said city of Milwaukee, and to extend the same as follows:

Commencing at the intersection of West Water and Spring streets, in the Fourth ward of said city, and running thence east along Spring street and across Spring street bridge; thence easterly along Wisconsin street to either on Jackson or Van Buren street; thence northerly either on Jackson or Van Buren street to Ogden street in the First ward; thence easterly on Ogden street to Farwell street; thence northeasterly on Farwell street and First avenue to North street; also commencing at the intersection of Farwell and Brady streets in the First ward of said city, and running thence westerly on Brady street to North Water street, thence in a southwesterly direction on North Water street to East Water street; thence southerly on East Water street to Wisconsin street ; also commencing at the intersection of Wisconsin and Broadway streets and running thence south on Broadway to Broadway street bridge, thence across Broadway street bridge to Lake street, in the Fifth ward of said city; thence westerly along Lake street to Reed street.

Section 3. The said grantees, their successors and assigns, shall commence the construction of the railway mentioned in the preceding section, and shall complete and operate at least one and a half continuous miles thereof within two years from the first day of July, 1874, and shall complete the entire balance of said lines within ten years from said date; and upon the failure to complete and operate the said railway as above provided, then all right hereby granted and vested shall cease and determine; provided, however, that a failure to construct and operate any part of the railway mentioned in the last preceding section shall not work a forfeiture of the rights hereby granted so far as affects that part of the route actually completed and in operation; and also, provided, that if said grantees, their successors or assigns are delayed in the

completion and operation of said line of railway, or any part thereof by an order or injunction of any court of record, then the time of such delay should be excluded from the computation of time herein prescribed.

Section 4. The cars to be used upon said tracks shall be operated with animal power, and said railway shall not connect with any other railroad on which other power is used, and no railway car or carriage used upon any other railroad in this state, except such as may be used on other horse railways in this city, shall be used or passed upon said track.

Section 5. The said tracks and railways shall be used for no other purpose than to transport passengers and their ordinary baggage, and the cars or carriages used for that purpose shall be of the best style and class in use on such railways. The common council shall have power, at all times, to make such regulations as to the rate of speed and time of running said cars or carriages, as the public safety or convenience may require. The track of said railway shall be of the gauge, of not more or less than four feet eight and one-half inches, and 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 streets, at any and all points, and in any and all directions, without obstruction, and shall be laid as near the center of said streets and as near together as practicable.

Section 6. The said grantees, their successors or assigns, shall keep so much of any street used and occupied by them in operating said railway, in good repair and condition during the time hereby granted, in accordance with whatever order or regulations may be passed or adopted in that behalf by the common council of said city, or the board of public works, and shall indemnify and save harmless the said city of Milwaukee from any and all loss or damage which it may incur, or become liable to pay by reason of the malfeasance or nonfeasance of said grantees, their successors or assigns, in respect to the duties and conditions conferred by this ordinance.

Rate of fare.

Section 1. The rate of fare for any distance shall not exceed five cents, except when cars or carriages shall be chartered for a specific purpose, but before any car or car

riage shall be used or operated on said railway, said
grantees, their successors or assigns, shall pay to the said
city a license fee of ten dollars per annum for each car or
carriage, said license fee to be paid, and a license for such
car or carriage to be obtained in the same manner as reg-
ulated by ordinance respecting hacks in said city, and any
officer, conductor, driver or agent of said grantees, their
successors or assigns, who shall operate, or cause to be
driven or operated upon said line of railway, any car or
carriage, unless the same shall have first been duly
licensed, as herein provided, shall be punished by fine of
not less than ten, nor more than fifty dollars.

Passed June 8, 1874.
Approved June 12, 1874.

AN ORDINANCE
To amend an ordinance entitled “An ordinance to author-

ize the construction and operation of a certain horse
railway in the city of Milwaukee, passed June 8, 1874;
approved June 12, 1874.".

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

Section 1. Section two of the ordinance passed June East and South 8th, and approved June 12th, 1874, and entitled “An or- sides. dinance to authorize the construction and operation of a certain horse railway in the city of Milwaukee,” is hereby amended as follows, to-wit: By inserting therein, immediately after the words “North street,” the words "or commencing at the intersection of East Water and Mason streets, in the Seventh ward of said city, and running thence easterly along Mason street to either Jackson or Van Buren streets, and thence over the remainder of the route above designated,” and by striking out the words “Wisconsin street,” in the second paragraph, where they immediately follow the words "thence southerly on East Water street," and inserting in lieu thereof the words and across East Water street to Ferry street; thence along Ferry street to either South Water or Lake street, thence west on either South Water or Lake street to either Reed or Clinton street; thence down Clinton to Kinnickinnic

avenue; thence along Kinnickinnic avenue to Lincoln avenue; along Lincoln avenue to Bay View street; and down Bay View street to Kinnickinnic avenue.”

And it shall be the duty of said company, at all times, to keep in good repair the roadway between the rails, and for one foot on the outside of each rail as laid.

And further provided, that said road shall be laid and completed on the south side of the river within three years, and in default thereof, that the right hereby granted to lay a road on the South Side shall be null and void.

Passed July 13, 1874.

AN ORDINANCE To authorize the construction and operation of a certain horse railway 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 Frank B. Van Valkenburg, James H. Hoes, Ed. C. Wall, H. S. Mack, and James B. Turck, and their 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 the course of the streets in the city of Milwaukee, hereinafter mentioned; and the same to keep, maintain, use and to operate thereon cars and carriages, in the manner and upon the conditions hereinafter provided, for and during the full term of fifty years from the first day of July, 1874, and no longer.

Section 2. The said persons hereinbefore mentioned, their successors and assigns, are hereby authorized to lay a single or double track for such railway on and along the course of the following streets of the said city of Milwaukee, and to extend the same as follows: Commencing at the intersection of West Water and Spring streets, in the Fourth ward of said city, and running thence east along Spring street, and across Spring street bridge; thence easterly along Wisconsin street to either Jackson or Van Buren street; thence northerly either on Jackson or Van Buen streets to Ogden street, in the First ward; thence easterly on Ogden street to Farwell street; thence northeastcrly on Farwell street and First avenue to North

West, East and

South sides.

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