finished. Section 3. The said grantees, their successors and When road to be assigns, shall commence the construction of the railway mentioned in the preceding section, and shall complete and operate at least two continuous miles thereof within two years from the first day of July, 1874, and shall complete the entire balance of said lines within ten years from said date, and upon the failure to complete and operate the said railway, as above provided, then all rights hereby granted and vested shall cease and determine; provided, Proviso. 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 operation; 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 an order or injunction of any court of record, then the time of such delay shall be excluded from the computation of time herein prescribed. cars may be used. Section 4. The cars to be used upon said track shall What power and be operated with animal power only, and said railway shall not connect with any other railroad on which other power is used, and no railway car or carriage used upon any other railroad in this state, except such as may be used on other horse railways in this city, shall be used or passed upon said track. 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 such railways. The common council shall have power, at 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. Railway to be used only for passenger traffic. Common council may regulate. Section 6. The tracks of said railway shall be of the Tracks-how laid. 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 Street to be kept in practicable. The said grantees, their successors and repair. assigns, shall keep so much of any street used and occupied by them in operating said railway in good repair and condition during the term 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 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. Rate of fare. Section 7. The rate of fare for any distance shall not exceed five cents, except when cars or carriages shall be chartered for a specific purpose. But before any car or carriage shall be used or operated on said railway, said grantees, their successors or assigns, shall pay to the 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 fine not less than ten, or more than fifty dollars. Passed June 1, 1874. AN ORDINANCE To amend an ordinance entitled “An ordinance to authorize the construction and operation of a certain horse railway in the city of Milwaukee," passed June 1, 1874. The mayor and common council of the city of Milwaukee do ordain as follows: Section 1. Section six of an ordinance entitled "an ordinance to authorize the construction and operation of a certain horse railway in the city of Milwaukee," passed June 1, 1874, is hereby amended by striking out the words "as near," where said words appear in the eighth line in said section of the written ordinance, between the words, "shall be laid" and "the center," and insert in lieu thereof the word "in," so that the part of said section six hereby amended shall read as follows: "And shall be laid in the center of said streets, and as near together as practicable." Section 2. This ordinance shall take effect and be in force from and after its passage and publication. Passed June 29, 1874. AN ORDINANCE To amend an ordinance entitled "an ordinance to authorize the construction and operation of a certain horse railway in the city of Milwaukee," passed June 1, 1874. The mayor and common council of the city of Milwaukee do ordain as follows: streets. That section 2 of said ordinance is hereby amended by Spring and Wells adding to said section the following words, "also commencing at the intersection of West Water and Wells streets, in the Fourth ward; thence westerly along the center of Wells street to the city limits, with the right to connect with any of the lines of railway hereinbefore mentioned, and it is hereby also expressly provided that said persons, their successors and assigns, may within five years from June 1, 1874, take up and remove so much of said railway or part thereof as may be built and operated on Spring street, and lay the same on the corresponding part of Wells street. It is also provided that all the railway tracks herein authorized shall be laid on the center of the streets mentioned and that the company shall keep the street in good repair, not only between the tracks, but also the distance of one foot on the outside of the tracks. Passed July 13, 1874. AN ORDINANCE To amend an ordinance to authorize the construction and operation of a certain horse railway in the city of Milwaukee, passed June 1, 1874. The mayor and common council of the city of Milwaukee do ordain as follows: Spring street. Section 1. So much of section two of said ordinance as gives the right to lay a track for said railway on Spring street or Spring avenue, west of Eleventh street, is hereby repealed. Passed March 20, 1876. Twelfth, Eleventh and Vliet streets. Grand avenue and 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: Section 1. There is hereby given and guaranteed to the West Side City Railway Company, its successors and assigns, the exclusive right, permission and authority to lay a single track for a railway in and around the center of the streets in the Second and Fourth wards of the city of Milwaukee, hereinafter mentioned, and the same to keep, maintain and use and to operate thereon railway cars and carriages, for and during the full term of fifty years from the first day of July, 1874, and no longer, to-wit: Commencing at the intersection of Wells and Twelfth streets, in the Fourth ward, with the right to connect with its line of railway; thence northerly along Twelfth to the center of State street. Also commencing at the intersection of State and Eleventh streets, in the Second ward, with the right to connect with its line of railway; thence northerly along Eleventh street to the center of Vliet street; thence westerly along Vliet street to the center of Twelfth street. Section 2. This ordinance shall take effect and be in force from and after its passage and publication. Passed June 11, 1877. AN ORDINANCE To authorize the construction and operation of a horse railway on Grand avenue and Wisconsin street. The mayor and common council of the city of Milwaukee do ordain as follows: Section 1. There is hereby given and granted to the Wisconsin street. West Side Street Railway Company, a corporation duly incorporated and organized under and by virtue of the laws of the state of Wisconsin, its successors and assigns, the exclusive right, permission and authority to lay a single or double track for a horse railway in and along the center of Grand avenue and Wisconsin street, and the same to keep, maintain and use, and to operate thereon, railway cars and carriages to be propelled by animal power for and during the full term of fifty years from the 1st day of July, 1879, commencing at the intersection of West Water street with Grand avenue, in the Fourth ward, with the right to connect with its line of railway on Grand avenue; thence easterly along the center of Grand avenue to and over the bridge to Wisconsin street; thence easterly along the center of Wisconsin street to its terminus. Section 2. The track of said horse 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. It shall be laid with modern improved rails, and in such manner that carriages and other vehicles can easily and freely cross said streets at any and all points, and in any and all directions without obstructions, and shall be laid as near the center of said streets and as near together as possible. Section 3. The construction of said railway shall be commenced and completed within thirty days after the passage and publication of this ordinance. Upon the failure to complete and operate the same as above provided, then all rights hereby granted shall cease and determine; provided, however, that if the construction and completion of said railway, or any part thereof is delayed by an order or injunction of any court, judge or court commissioner, then the time of such delay shall be excluded from the computation of time herein prescribed. Track-gauge of, and how laid. Section 4. It shall be the duty of said railway company Repair of roadway. at all times to keep in good repair the roadway between the rails and for one foot on the outside of each rail as laid on the above described route, and to submit to all such reasonable rules and regulations as the common council may from time to time prescribe. Section 5. This ordinance shall take effect and be in force from and after its passage and publication. Passed September 1, 1879. |