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upon and over said tracks of said Cream City Railroad Company for and during the term ending July 1st, A. D. 1924, on the following streets, bridges and parts of streets, to-wit: On and along Huron street from its intersection with East Water street to the river, on and along Huron street bridge to Clybourn street and along Clybourn street to its intersection with West Water street. This ordinance is granted to the Cream City Railroad Company and accepted by it upon the express condition that it shall pay to the Milwaukee City Railway Company just and adequate compensation for the use of said tracks of the said Milwaukee City Railway Company which shall be used by the said Cream City Railroad Company, whether yet constructed or to be hereafter constructed, as may be agreed upon by the said two companies; and in case of their failure to agree upon the same, within sixty days after written application by the said Cream City Railroad Company to the Milwaukee City Railway Company for the privilege of running cars over the last named company's said 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 Cream City Railroad 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 be in their opin ion just and proper, for the use of said tracks 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 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 on behalf of the person or corporation failing to so nominate and appoint such arbitrators. And the compensation as fixed and determined for the use of said tracks and roadbed by such arbitrators or a majority of them, shall be final and conclusive. The award of the arbitrators shall describe the character and the amount of the use to be made, as well as the compensation therefor, and shall be filed with the city clerk, and 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 extent of such joint use of roadbed becomes materially changed or affected, and in such case it may be revised either by agreement or arbitration as before provided. The track hereby authorized to be constructed, shall be laid and cars shall be operated thereon subject to all the conditions, restrictions and limitations, contained in the ordinance granting the Cream City Railroad Company the right to maintain a street railway in the city of Milwaukee, not contravening the provisions of this ordinance.

Section 5. This ordinance shall take effect and be in force from and after its passage and publication.

Dated March 28, 1887.

Pleasant street.
Dock street
Island avenue.
North avenue.
Richard street

AN ORDINANCE
To authorize the Cream City Railroad Company to con-

struct and operate an extension of its railway in the
First, Sixth and Thirteenth wards.

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 right and authority to lay a double track for a street railway with all necessary and convenient tracks for turnouts, connections, side-tracks, and switches, also turntables and other apparatus on and along Pleasant street, northwesterly from the intersection of North Water street; thence across Pleasant street bridge, and northwesterly on and along Dock street to Island avenue; thence north on and along Island avenue to North avenue; thence east on North avenue to Richards street; thence north on Richards street to the city limits, and the same to keep, maintain and use, to operate street railway cars and carriages thereon in the manner and upon the conditions herein provided, for and during the full period of fifty years, from the thirteenth day of July, A. D. 1874.

Section 2. The said railroad company, its successors or assigns, shall begin the construction of the railway hereinbefore mentioned and complete the same and operate cars thereon, from the said intersection of Pleasant street and North Water street to the intersection of Center street and Richards street, within six years from date of the passage of this ordinance and the balance of said railway from the intersection of Richards street and Center street shall be completed and cars operated thereon within eighteen months from the date of the passage of this ordinance. Upon the failure to complete said road and to operate cars thereon within said time to the said intersection of Center street and Richards street, all rights granted hereby and vested hereunder shall be forfeited and shall cease and determine; and if the said railroad company, its successors and assigns, shall fail to complete the said road and to operate cars thereon from the intersection of Center street and Richards street to the northern city limits within the said term of eighteen months, then hereafter all right to keep and maintain said road and operate cars thereon shall cease and determine.

Section 3. The city of Milwaukee reserves, however, Joint use of tracks. the right to grant to any other person, persons, corporation or corporations the right to use the tracks and roadbeds of the said Cream City Railroad Company to be laid upon and along said Pleasant street, Pleasant street bridge, Dock street, Island avenue and North avenue, together with the right to make all necessary connections, provided, that before using the same or any part thereof, or such portions of such track or roadbed upon and over which the said city shall have granted a franchise to any other person or corporation such person or corporation shall pay or secure to be paid to the said Cream City Railroad Company a just and adequate compensation for the Compensation. 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 Cream City Railroad Company, for the privilege of running cars over the last named company's said 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 Arbitration. mayor shall name and appoint one person and the Creanı City Railroad 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 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 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 the failure of either of 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 on behalf of the person or corporation so failing to 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 prescribe the character and the 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. Such compensation shall be subject to revision from time to time on similar application made by either party if the character or extent of such joint use of the roadbed becomes materially affected and in such case it may be revised either by agreement or arbitration, as hereinbefore provided.

Reservation.

Section 4. This grant and the rights hereby given shall be subject to the terms and conditions contained in the ordinances under which the said Cream City Railroad Company now operates its cars in the city of Milwaukee except as hereinbefore stated. And the said company in the operation of the railway herein authorized shall be subject to the restrictions provided in the ordinances authorizing the construction and operating of the existing railway of the said company; and the said Cream City Railroad Company shall keep in good repair all that part of the street lying between its two outside rails and one foot outside of said rails, and in making such repairs said company shall use the same material as may be used on adjoining parts of the same street at the time at which any such repairs shall be made.

Repair of streets.

And the necessity of such repairs shall be determined by the board of public works, and such repairs shall be made within 24 hours after notice to do such work has been given by the board of public works. The said railroad company failing to do such work within the prescribed

time of 24 hours, then the said board of public works is hereby authorized and directed to cause such repairs to be made at the expense of said Cream City Railroad Company. And the said Cream City Railroad Company, before it shall be authorized to construct or operate any road under the provisions of this ordinance, shall file with the city clerk an instrument in writing, properly executed to the satisfaction of the city attorney, which shall fully express its acceptance of the provisions and conditions of this ordinance and the acceptance of the provisions and conditions of any ordinance to authorize any other horse railroad company to construct or use railroad tracks as hereinbefore set forth.

Alter and amend.

Section 5. The common council of the city of Milwaukee reserves the right to alter and amend the provisions of this ordinance, and to regulate the time and the rate of speed at which cars shall be run upon the tracks hereby authorized to be laid.

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

Passed September 26, 1887.

AN ORDINANCE

avenue.

To confirm and ratify a certain ordinance heretofore

passed by the village board of the village of Bay View.

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

Section 1. There is hereby granted to the Cream City Kinnickinnic aveRailroad Company and to its successors and assigns the nue and Russell right, permission and authority to lay a double track for a street railway, with all necessary and convenient tracks, turn-outs, turn-tables, side-tracks and switches and other apparatus on and alonk Kinnickinnic avenue or road from the center of Lincoln avenue southeasterly to the intersection with Russell avenue in the Seventeenth ward of the city of Milwaukee; and also on and along Russell avenue to the eastern terminus of Russell avenue, and to operate thereon railway cars or carriages in the manner and upon the conditions set forth in the ordinances of the city of Milwaukee, heretofore granted to the said Cream City Railroad Company for the laying of railway tracks and the

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