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street; 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 described. 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, and across East Water street bridge to Ferry street; thence along Ferty 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 street to Kinnickinnic avenue; thence along Kinnickinnic avenue to Lincoln avenue; along Lincoln avenue to Bay View street. And from Kinnickinnic avenue up Clinton street to Mitchell street; up Mitchell street to Forest Home avenue; up said avenue to city limits; said railroad to be completed from Mason street to the city limits, at Bay View street, and to Forest Home avenue, on Mitchell street, and cars to be running on the same by the first day of December, A. D. 1876; and along Forest Home avenue to city limits, and the cars to be running on the same by the first day of December, A. D. 1877. 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 Reeri street.
Sretion 3- The said grantees, their successors and assigns, shall commence the construction of the railway nientioned 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 upon the failure to complete and operate the said railway as above provided, then all right hereby gravted 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 operatio:1, 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 any orcier or injunction of any court of record, then the time of such delay shall be exciuded from the computation of time herein prescribed.
Animal power only to be used.
Section 4. The cars to be used upon said tracks shall be operated with animal power, and sa: i railway shall uot connect with any other railroad on which other power is used; and no railway car or carriage used upon any other railroad in the state, except such as may be used on other horse railways in the city, shall be used or passed upon said track.
Tracks and cars. Section 5. The said tracks and railway 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 Rules and regula- such railways. The common council shall have power at tions.
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.
Repair of streets.
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 keep the street inside and for one foot outside of the rails in good order and repair, 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 Rate of fare. exceed five cents, except when cars or carriages shall be chartered for specific purposes, but before any car or carriage shall be used or operated on said railway, said grantees, their successors or assigns, shall pay to 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 regulated 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 a fine not less than ten nor more than fifty dollars.
Section 8. This ordinance shall take effect and be in force from and after its passage and publication.
Passed December 28, 1874.
To authorize the extension of the railway of the Cream
City Railroad Company of 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 the Cream City Railroad Company, its successors and assigns, the exclusive right, permission and authority to lay a single or double track street railway, with all necessary and convenient tracks for turn-outs, sidetracks and switches in and along the course of the streets of the city of Milwaukee hereinafter mentioned, and the same to keep, maintain and use and to operate thereon, railway cars and carriages 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, 1879, and no longer.
Section 2. The said company, its successors are hereby East Water and authorized to lay a single or double track for such railway North Water
streets. on and along the course of East Water street and North Water street from Division street to Racine street; provided, however, that said railway tracks shall be laid and
finished along said streets within two years after the same shall have been graded to the established grade and finished for travel.
Section 3. Said company is also in like manner hereby authorized to lay a single or double track on Lincoln avenue, from Kinnickinnic avenue to Bay View street; provided, however, that said railway shall be laid and finished along said street within ninety days after said street shall have been graded to the established grade and finished for travel.
Section 4. The privileges hereby granted to said company are granted upon the express condition that said company shall make said extensions and maintain the same conformably to the several ordinances that have been adopted, granting said company the privilege of using other streets, and all ordinances, rules and regulations which may hereafter be adopted, made in the premises and within the times above limited unless in the case of an injunction by some court or judicial officer, in which case the time wherein said injunction shall be operated, shall not be reckoned as a part of the time limited, and that no power but animal power shall be used in propelling cars upon
said extensions. Passed October 27, 1879.
To authorize the extension of tracks of the Cream City
Railroad Company in the First ward.
The mayor and common council of the city of Milwaukee do ordain as follows:
Section 1. There is hereby given and granted to the Cream City Railroad Company, its successors and assigns, the exclusive right, permission and authority to lay a single or double track for a street railway, with all necessary and convenient tracks for turn-outs, side-tracks and switches, with turn tables and other convenient apparatus, in and along the course of the streets in the city of Milwaukee hereinafter mentioned, and the same to occupy, maintain and use, and to operate thereon cars and carriages in the manner and upon the conditions hereinafter provided, for and during the full term of forty years from the first day of July, 1884, and no longer.
Section 2. Whenever the said corporation shall have Murray avenue, laid a single or double track from the present terminus of Park place, Oakits line on Farwell avenue, which is now operating by Bradford Street, virtue of the authority heretofore granted by an ordinance Racine street,
North Water to Frank B. Van Valkenburg and others, and by them
street, Warren assigned to the said Cream City Railroad Company, avenue, Boylston northerly along said Farwell avenue up to North avenue
avenue and North in the said First ward, it is also authorized to extend such single or double track along Murray avenue north to the line of Bradford street, and thereafter as traffic shall require, to Park place north, and thence west to Oakland avenue or west on Bradford street aforesaid to Oakland avenue. Also, after it shall have laid its single or double track from its present terminus on North Water street to Racine street; then northwardly on Racine street to the bridge, and eastwardly on said North Water street to Warren avenue; thence northwardly by said Warren aveune and otherwise to Boylston avenue, thence eastwardly to Cambridge avenue; thence north to North avenue, and thence west to the Milwaukee river.
Section 3. The said company, its successors and assigns, shall commence the construction of the track or tracks mentioned in the preceding section and shall complete and operate the same on Murray avenue as far as Bradford street, within one year from the first day of July, 1884, and upon failure to complete and operate the same 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 road actually completed and in operation; and also provided, that if said corporation, its successors or assigns may be delayed in the execution of such work or any part thereof by any order or injunction of any court of record, then the time of such delay shall be excluded from the computation of time herein prescribed.
Section 4. The cars to be used upon said track shall be Animal power only operated with animal power, and no railway car used upon to be used. any other railroad except upon street railways shall be used upon said track. Section 5. Said track and railway shall be used for no
Railway to be for
passenger traffic other purpose except to transfer passengers and ordinary only.