tions 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: bourn, and Second streets and alley, block 75. Section 1. There is hereby given to the Cream City Martin, Huron, ClyRailroad Company, its successors and assigns, the right to lay a double track for a street railway, with the necessary 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. 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. Railroad Company 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, or as 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 condition that compensation be made to the owners thereof Joint use of tracks. as hereinafter provided, does hereby grant to the Milwaukee City Railway Company, its successors and assigns, the right and authority to operate street cars and carriages 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 compen sation 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. AN ORDINANCE To authorize the Cream City Railroad Company to construct 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. Compensation. 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 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 Crean 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 |