Page images
PDF
EPUB

baggage and the cars used for that purpose shall be of the style and class ordinarily 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 times of running said cars as the public safety may require. The tracks of said railway shall be of the gauge of not more nor less than four feet eight and one-half inches, and shall not be elevated above the surface of the street, and shall be so laid that carriages and other vehicles can easily and freely cross said street at any and all points, and shall be laid as near the center of said street as practicable.

Repair of streets.

Section 6. The said corporation, its successors and assigns shall keep so much of any street used and occupied by it in operating said railway, in good repair and condition during the time hereby granted, in accordance with whatever order or regulation may be passed or adopted in that behalf by the common council of said city, or the board of public works, and shall keep all the street inside, between the inner rails, where a double track is laid, and for one foot outside of the outer rails, in good order and repair, and shall indemnify and save harmless the said city from any and all loss and damage by reason of the malfeasance or nonfeasance of the said company, its successors or assigns in respect to the duties and conditions prescribed in this ordinance.

Rate of fare.

Section 7. The rate of fare upon such railways and the license fee which the company shall pay for each car running thereon, shall be as fixed by ordinance for other parts of the road, and for other cars of the said company and the road hereby authorized and the cars to run thereon, shall be subject to the control of the said city in the manner and to the extent that other portions of the road and other cars of the said company now are.

Forfeiture.

Section 8. The failure of the aforesaid horse railway company to comply with the provisions of this ordinance shall cause a forfeiture of all grants and rights bestowed by this ordinance.

Section 9. This ordinance shall take effect and be in force from and after its passage and publication.

Passed September 1, 1884.

AN ORDINANCE

To authorize the extension of the Cream City Railroad

Company's tracks in the First ward of the city of Milwaukee.

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

Brady and Racine

Section 1. There is hereby given and granted to the Cream City Railroad Company, its successors and assigns the right and authority, excepting as hereinafter provided, to lay a single or double track for street railway, with all necessary and convenient tracks for turn-outs, side-tracks and switches, and also turn-tables and other necessary apparatus on and along the following streets and parts of streets in the city of Milwaukee, to-wit: Commencing at the present northern terminus of the track of the said street railway company on North Water street, thence north on and along North Water street to its intersection with Brady street, thence easterly on and along Brady street to its intersection with Racine street, thence north on and along Racine street to Highland place, and also a branch extending easterly from the intersection of Racine street and connecting with the said company's present line of track on Farwell avenue, and the same to keep, maintain and use, and to operate street railway cars and carriages thereon for and during the term commencing with the passage of this ordinance and ending July 1, 1924.

Provided, however, that the city of Milwaukee reserves Joint use of tracks. the right to grant to any other person, persons or corporation the right to use such tracks and roadbed on and along Brady and Racine streets, upon condition, however, that such person, persons or corporation shall pay to the said Cream City Railroad Company just and adequate com pensation for the use of said track and roadbed to be agreed upon between them, and in case of their failure to agree upon the same within sixty days after such franchise shall have been granted by the city of Milwaukee, then such compensation shall be determined upon by arbitration, and the city of Milwaukee shall name and appoint one person and the Cream City Railroad Company shall name and appoint one person, and the said person, persons or corporation, to which such franchise shall have

been granted, shall name and appoint one person, and the three persons so appointed shall fix and determine such compensation for the said track and roadbed, 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 a failure of either of said person, persons or corporations to appoint a suitable person within said time, then in such case the mayor of the city of Milwaukee shall appoint a suitable person to act for and on behalf of the person, persons or corporations failing to so nominate and appoint such arbitrator, and the compensation as fixed and determined for the use of the said tracks and roadbed by them or a majority of them shall be final and conclusive.

Section 2. Said Cream City Railroad Company, its successors or assigns shall begin and complete the construction of the track hereintofore mentioned within six months from the publication of this ordinance, and upon its failure to complete said track as aforesaid, and to operate such railway as above provided, then all right hereby granted shall cease and determine, provided, that said branch from Racine street on Brady street, connecting with the said railroad company's line on Farwell avenue, may, at the option of the said railroad company, be used by them only for the purpose of drawing its cars to and from the place of storing the same on Farwell avenue, without running the same for the carriage of passengers. during the ordinary hours at which the track is elsewhere used on the said company's lines.

And upon further condition that the said Cream City Railroad Company shall keep in good substantial repair at its own costs and expense, the roadbed lying between two lines extended parallel with its tracks and one foot therefrom towards the curb line upon all the streets herein mentioned and set forth, of the same material, at all times of which the street is composed at the time when such repairs shall become necessary.

Repair of roadbed.

Section 3. This grant and the rights hereby given shall be subject to the terms and conditions except as hereinbefore expressly stated, under which said Cream City Railroad Company now operates its railway in the city of Milwaukee, and the said company in the operation of the railway herein authorized shall be subject to the restrictions provided in the ordinances heretofore granted to it authorizing the operation of the existing railway of said company.

Section 4. This ordinance shall take effect and be in force from and after its passage and publication.

Passed March 28, 1887.

AN ORDINANCE
To authorize the Cream City Railroad Company to extend

its tracks 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 to the Cream City Martin, Huron, ClyRailroad Company, its successors and assigns, the right to bourn, and Second lay a double track for a street railway, with the necessary block 75.

streets and alley, and convenient tracks for turn-outs, side-tracks, switches and turn-tables on and over Martin street, from its intersection with Jackson street to its intersection with Broadway and on and along Huron street from its intersection with East Water street, to the river over Huron street bridge to Clybourn street, westerly on Clybourn street to Second street, northerly on Second street to the alley running east and west, through block 75 in the Fourth ward of the city of Milwaukee; thence westerly along and over said alley to Third street, for and during the term commencing with the passage of this ordinance and ending July 1, A. D. 1924; provided, however, that the city of Milwaukee reserves the right to grant to any other person, persons or corporations, the right to use said tracks upon making just and adequate compensation therefor to said Cream City Railroad Company, as hereinafter provided.

Section 2. The city of Milwaukee having granted to Reservation the Milwaukee City Railway Company the right and recited. authority to construct and maintain street railway tracks over the streets, bridges and parts of streets hereinafter named, and to operate railway cars thereon, and having reserved the power to grant to any other person or corporation the right to operate street railway cars and carriages upon and over the tracks to be laid as aforesaid upon the condition that compensation be made to the owners thereof for the use thereof, as hereinafter provided, does

hereby grant to the said Cream City Railroad Company full power to operate street railway cars and carriages upon and over said tracks of the said Milwaukee City Railway Company for and during the term ending July 1, A. D. 1924, on the following streets and parts of streets, to-wit: Commencing at the intersection of Broadway with Martin street; thence west along and over Martin street to the Milwaukee river; thence over and across the bridge to State street; thence along and over State street to its intersection with Sixth street.

or

as

Section 3. If the said Cream City Railroad Company shall fail to complete and operate any part or portion of the track and railway hereby authorized to be constructed by said company within six months from the passage of this ordinance, then all right to construct and operate any portion of the track and railway hereby authorized shall cease and determine; provided, that the said Cream City Railroad Company shall have the right to operate cars upon the railroad and tracks lying on Martin and State streets, between Jackson street and Sixth street occasionally,

the traffic may justify and require and shall not be required to operate the same continuously; and upon further condition that said Cream City Railroad Company shall keep in good and substantial repair, at its own costs and expense, the roadbed lying between two lines, extended parallel with those of its tracks, and one foot therefrom towards the curb line, upon all the streets hereinbefore mentioned and set forth, of the same material at all times of which the street is composed at the times when such repairs shall become necessary.

Section 4. The city of Milwaukee, having also granted to the Cream City Railroad Company the right and authority to construct and maintain street railway tracks over the streets, bridge and part of streets hereinbefore named, for and during said term, and having reserved the power to grant to any other person or corporation the right to operate street railway cars and carriages upon and over the tracks to be laid as aforesaid, and upon the con

dition that compensation be made to the owners thereof Joint use of tracks. as hereinafter provided, does hereby grant to the Milwau

kee City Railway Company, its successors and assigns, the right and authority to operate street cars and carriages

« PreviousContinue »