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return parallel metallic circuit; and all work hereby authorized shall be done to the satisfaction of the board of public works of the said city of Milwaukee.

Section 5. The work of construction under the provisions of this ordinance shall be commenced by each street railway company aforesaid in good faith within three months after the passage and publication of this ordinance. And if either or any of the street railway companies aforesaid shall fail to complete the work aforesaid, and to operate by electricity alone the street railway cars upon its entire road by the 31st day of December, A. D. 1890, that then and in such case each street railway company aforesaid so failing to complete its respective road and operate its railway cars thereon by electricity as aforesaid, shall forfeit all rights and privileges granted. hereunder, and the board of public works is hereby authorzied, and it shall be their duty to remove said poles and wires without further action from the common council.

Passed October 14, 1889.

Windlake avenue.

132-AN ORDINANCE

To authorize the Milwaukee City Railway Company to extend its tracks on Windlake avenue and on Fourth 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 tracks by a double track with all the necessary and convenient tracks for turn-outs, connections, side-tracks, switches and turn-tables, from its present road at the intersection of Windlake avenue and Fourth avenue southwesterly along Windlake avenue to the city limits. Also from its present road at the intersection of Washington street and Fourth avenue along Fourth avenue to its present road at the intersection of Fourth avenue and Greenfield avenue.

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 with reference to the tracks of said company already laid on Fourth avenue, and subject to

such reasonable rules and regulations as the common council may hereafter prescribe.

Section 3. Those portions of said railway hereby authorized shall be built and regularly operated by the 30th day of June, A. D. 1891.

Passed July 28, 1890.

166-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 hereby authorized to extend its railway by a double track, with all the necessary switches and turn-tables, from its present terminus on Wright street westerly on Wright street to its intersection with Twenty-fourth street, thence north on Twenty-fourth street to Bismarck street, thence northwesterly on Bismarck street to Center street, thence westerly on Center street to the city limits.

Passed August 25, 1890.

Wright, Twentyfourth, Bismarck and Center streets.

168 AN ORDINANCE

To amend an ordinance entitled an ordinance granting certain rights to the 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 by striking out the following words, "December, A. D. 1890, where they appear in said section, and inserting in lieu thereof the following words, to-wit: "May, A. D. 1891."

Passed September 8, 1890.

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 mentioned, 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, East 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

Rate of fare.

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.

Section 7. 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

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