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Reservation.

Repair of streets.

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.

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.

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.

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.

Alter and amend.

AN ORDINANCE

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:

nue and Russell avenue.

Section 1. There is hereby granted to the Cream City Kinnickinnic aveRailroad Company and to its successors and assigns the 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

operation of street railway cars in the city of Milwaukee for and during the full term ending on the first day of July, 1924, upon the conditions that the said Cream City Railroad Company shall keep in good and substantial repair, at its own costs and expense, the roadbed lying between the two lines extending parallel with its tracks, and one foot therefrom towards the curb line, upon all the streets herein mentioned, with the same material at all times of which the street is composed at the time when such repairs shall become necessary.

Section 2. All acts and proceedings of the Cream City Railroad Company in building the lines along the streets hereinbefore mentioned so far as they are not in conflict with the conditions of this ordinance shall be considered as though the same had been done and performed under and in pursuance of original authority granted by the city of Milwaukee.

Section 3. This ordinance shall take effect and be in force from and after its passage and publication. Passed January 16, 1888.

Garfield avenue.
Holton street.
Lee street.

Harmon street.
Walnut street.

National avenue.
Superior street.

152-AN ORDINANCE

To authorize the extension of the tracks of the Cream City
Railway Company.

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 Railway Company, the assignee and successor of the Cream City Railroad Company, its successors and assigns, the right, permission and authority to extend its lines of railway, by double or single track, and to maintain and operate a street railway upon and along the following streets and avenues, as follows: On Garfield avenue in said city from Island avenue to Holton street; thence north on Holton street to the city limits; also on Lee street from Holton street west to Richards street; also on Harmon street west from Island avenue to Third street; also on Walnut street west from Island avenue to Third street; also on National avenue from Clinton street west to Reed street; also on Superior street from Russell avenue in the Seventeenth ward to the

south boundary line of the city. And that so much of an ordinance passed September 26, 1887, granting to said company the right to lay tracks, etc., on North avenue and Richards street and Island avenue from Garfield avenue to North avenue, is hereby repealed.

North avenue, Richards street and Island ave

nue.

Section 2. This grant, and the rights hereby given, Conditions. shall be subject to the terms and conditions contained in the ordinances under which said Cream City Railway Company, as the assignee and successor of said Cream City Railroad Company, named, maintains and operates its tracks and lines of street railway in this city.

Passed August 25, 1890.

196-AN ORDINANCE

To revoke certain rights granted by a certain ordinance to the Cream City Railway Company on certain streets in the city of Milwaukee.

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

Section 1. The right granted to the Cream City Rail- Garfield avenue. way Company, its successors and assigns, under an Holton street. ordinance passed August 25th, 1890, to extend its tracks and operate its road upon Garfield avenue, from Island avenue to Holton street, and on Holton street, from Garfield avenue to North avenue, is hereby repealed.

Section 2. The further provisions of an ordinance passed August 25, 1890, as follows: "And that so much of an ordinance passed September 26, 1887, granting the said company the right to lay and maintain tracks, etc., on North avenue and Richards street and on Island avenue, from Garfield avenue to North avenue," is hereby repealed.

Passed October 26, 1891.

XVII.-WEST SIDE STREET RAILWAY.

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:

Streets on West side.

Section 1. There is hereby given and granted to John H. Tesch, John Plankinton, Samuel M. Green, Sherburne S. Merrill and Stephen A. Harrison, and to 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 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, 1874, and no longer.

Section 2. The said persons hereinbefore mentioned, their successors and assigns, are hereby authorized to lay a single or double track for such railways, 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, thence westerly along Spring street and Spring avenue to the west line of the city limits, and thence northerly along said west line of the city limits to the center of State street extended to the city limits, and at or near the toll gate. Also commencing at the intersection of Spring street or Spring avenue and either Tenth or Eleventh streets, with the right to connect with the line of railway above mentioned; thence northerly along such street to the center of State street; thence westerly along State street, and through and along any public street or highway, connecting with the present westerly limit of State street to the west line of the city limits, and also along any future extension of State street westerly to the west line of the city limits. Also commencing at the intersection of State and Twelfth streets with the right to connect with the lines of railway hereinbefore mentioned; thence northerly along such street to the center of Vliet street, and thence westerly along Vliet street to the west line of the city limits. And also commencing at the intersection of Vliet and Twelfth streets, with the right to connect with the lines of railway hereinbefore mentioned; thence northerly along Twelfth street to Beaubian street; thence westerly along Beaubian street to and at its intersection with Teutonia street.

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