When tracks shall be constructed. and shall promptly comply with any order of such board or agent of the said common council in reference thereto. Nor shall any street, avenue or public place be allowed to remain open, incumbered or obstructed for a longer period than shall be actually necessary to execute the work for which the same has been opened, and in all cases where the work requires the exercise of skill, as in the laying or relaying of pavements, and all other necessary work, the said corporation shall employ none but skilled workmen, familiar with the execution of such work, and all such work shall be done subject to the control and under the direction of the Board of Public Works or its authorized agent, and whenever it shall be necessary to make excavations, ditches or trenches and thereby interfere with or disturb any street pavement, or public place, the same shall be replaced and restored by or at the expense of the said Milwaukee Cable Railway Company or its assigns, under the supervision and direction of the Board of Public Works, and no public sewer or water pipe shall be tapped or any sewer or any water connections made therewith by the said corporation unless a permit therefor shall be duly issued in the manner provided by law. Said corporation shall, within thirty days after the passage and publication of this ordinance. execute to the city of Milwaukee and file with the city clerk of said city a good and sufficient bond in the penal sum of twenty-five thousand dollars, to be approved as to form and execution by the city attorney with two sureties satisfactory to the mayor of said city, conditioned to pay all damages which may in any manner arise either to the city or to individuals on account of the nonfulfillment of any of the provisions of this ordinance. Section 4. The said corporation hereinbefore mentioned, its successors and assigns, shall commence in good faith the construction of said railway mentioned in the preceding section within sixty days after the passage of this ordinance, and construct at least six hundred feet of track per month, excepting during the months of December, January, February, March and April of each year, and complete and operate the entire railway by December 1, 1888, except that portion of said railway to be built north of the intersection of North avenue and Eighteenth street, which said portion shall be built and operated within six months after the completion of Eighteenth street, and the laying of sewers therein, and upon failure to commence the construction of said railway within sixty days after the passage of this ordinance, or upon failure to lay six hundred feet of track during each of the months of May, June, July, August, September, October and November of each year, or upon failure to operate the entire railway by December 1, 1888, except that portion thereof to be built north of the intersection of North avenue and Eighteenth street, or upon failure to complete and operate that portion of said railway lying north of the intersection of North avenue and Eighteenth street within six months after the completion of said Eighteenth street and the laying of sewers therein, as set forth and provided in this ordinance, then all rights hereby granted to and vested in said corporation shall cease and determine. It is provided further that on State street, from Eleventh to Twelfth streets, where tracks are now laid and being operated by the West Side Street Railway Company, the said Milwaukee Cable Railway Company shall be and is hereby required to use said track or tracks in the operation of its railway, it being the intention of this ordinance to provide that no more than two tracks be laid upon any one street hereinbefore named. Should litigation arise in consequence of the grant herein given to the said Milwaukee Cable Railway Company involving the said city in an expense in defending the same, the said Milwaukee Cable Railway Company shall and hereby agrees to hold the said city harmless from all expense thereby caused. used. Section 5. The cars or carriages to be used upon the Cable system to be track or tracks of said railway shall be operated by means of a cable laid along the said track or tracks, and operated under ground by stationary steam engine or steam engines placed upon private property, and not otherwise, on the west side of the Milwaukee river, upon the streets above named, the cable to be used by the said Milwaukee Cable Railway Company to be the "Rassmussen cable;" provided, however, if, in the judgment of the common council, the same should prove to be a failure, and not adapted to the objects of this ordinance, then the common council reserves the right to reject the same, and to require within a reasonable time thereafter such other cable system to be substituted therefor as it may then direct, under pain of forfeiture of all privileges hereby granted. And it shall be lawful for said corporation, its successors and assigns, if they shall deem best so to do, to operate Tracks, how laid. Rate of fare. the cars or carriages upon such track or tracks, wholly by animal power upon Oneida street bridge and upon the east side of said river upon the streets above named. Section 6. The tracks of said railway shall be of a gauge of four feet eight and one-half inches, and shall not be elevated above the street; and shall be laid with modern improved rails, in such a manner that carriages and other vehicles can easily and properly cross said streets, and as near together as practicable; and the width of the opening of said streets, necessary to operate the said cables, shall not exceed three-fourths of an inch. The said corporation, its successors and assigns, shall keep in good and thorough repair at its own costs and charge, so much of all the streets upon which said railway may be operated as lies between the two outside rails and one foot therefrom toward the curb lines, of the same material of which the street may be composed, at the time when such repairs shall become necessary, the necessity of such repairs to be determined by the said Board of Public Works, and the said repairs shall be made within twentyfour hours after notice to do said work has been given by the said Board of Public Works; the said Milwaukee Cable Railway Company failing to do said work within the prescribed time of twenty-four hours, then the Board of Public Works is hereby authorized and directed to cause such repairs to be made, at the expense of the said Milwaukee Cable Railway Company, and said Milwaukee Cable Railway Company shall save harmless the said city from any loss or damage which it may incur or become liable for by reason of the malfeasance or nonfeasance of said grantee, its successors and assigns, in respect to the duties and conditions of this ordinance imposed upon the said Milwaukee Cable Railway Company. Section 7. The rate of fare upon said railway for distances between its terminal points or any part thereof including any extensions which may hereafter be built and operated, or upon any trunk line or extension thereto laid and operated by the said Milwaukee Cable Railway Company or by its assigns, shall not exceed five cents, except when cars or carriages shall be chartered for a special price; but before any car or carriage shall be used or operated on said railway, said grantee, its successors and assigns, shall pay to the city for each said car or carriage used thereon, such annual license fee as is now provided by ordinance respecting street railways in said. city, or as may be hereafter provided by ordinance. Section 8. The city of Milwaukee reserves the right to Rights reserved by grant to any other person or persons, corporation or cor- city. porations, the right to use said tracks and roadbeds upon and along the following streets, to-wit: Milwaukee street, Oneida street, Oneida street bridge with its approaches, on Wells street as far as its intersection with Seventh street, and also upon any of the remaining streets mentioned in section 2, towit: Seventh street, State street, Eighteenth street, Center street and Hopkins street; provided, how ever, that no such right to use such tracks and roadbeds Joint use of tracks. shall be granted upon the streets last named to any person or corporation for a greater distance than three consecutive blocks in length, in any one of the said last named streets; provided, that before using the same or any portion thereof or such portion of said track or roadbed upon or over which the city of Milwaukee shall have granted a franchise to any other person or corporation, such person or corporation shall pay or cause to be paid to said Milwaukee Cable Railway Company, a just and adequate compensation for the use of said tracks and Compensation. roadbed to be agreed upon between them, and in case of their failure to agree upon such compensation within sixty days after written application by such person or corporation to the Milwaukee Cable Railway Company for the privilege of running cars over the last named company's 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 Milwaukee Cable Railway Company shall name and appoint another person, and the said person or corporation to which said franchise shall have been granted shall name and appoint a third person, and the three persons appointed shall fix and determine the compensation, either in gross or payable in installments, as may in their opinion be just and proper for the use of said tracks and roadbeds, 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 by either of said persons or corporations to appoint a suitable person within said time, the mayor of the city of Milwaukee shall appoint a Pooling prohibited. Alteration or amendment. suitable person to act for and on behalf of the person or corporation failing to so 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 describe the character and the amount of use to be made, as well as the compensation therefor, and shall be filed with the city clerk and 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 changed or affected, and in such case it may be revised either by agreement or arbitration, as hereinbefore provided. Section 9. The Milwaukee Cable Railway Company shall not at any time pool or assign its interests nor consolidate with any other street railway company which now has or may hereafter obtain a franchise to construct and operate a street railway in this city, without the consent of the said common council; and if the said Milwaukee Cable Railway Company shall pool or assign its interests or consolidate with any other street railway company without the consent of said common council, then this ordinance shall be entirely void. Section 10. The city of Milwaukee reserves the right to alter and amend this ordinance, and to regulate the time of running of and the speed at which cars shall be run on the tracks hereby authorized to be laid. Section 11. This ordinance shall take effect and be in force from and after its passage and publication. Passed December 19, 1887. Rights granted to AN ORDINANCE To authorize the construction of a certain street 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 granted to the Milwaukee Cable Railway Company, a corporation created by and existing under the laws of the state of Wisconsin, and to its successors and assigns, the right, |