corporation or its assignees, 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 water connection made therewith by such corporation unless a permit therefor shall have been duly issued in the manner provided by law, and said corporation shall, within sixty 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 ($25,000) dollars, to be approved as to form and execution by the city attorney, with two sureties satisfactory to the mayor of the said city conditioning to pay all damages which may in any manner arise, either to the city or individuals, on account of the non-fulfillment of any of the provisions of this ordinance.

Section 6. The said Milwaukee & Whitefish Bay Railway Company, its successors or assigns, shall commence work as contemplated herein in good faith within sixty days after the passage and publication of this ordinance, and shall complete said work and shall have said railway in operation on or before Dec. 1, 1891. And it is especially provided that a failure to commence work in good faith within sixty days as named above, shall work a forfeiture of all the rights and privileges granted hereunder, and that a failure on the part of the said corporation to complete the said work and operate said road within one year as above provided, shall work a forfeiture of all rights and privileges granted hereunder.

Forfeiture.

Section 7. The tracks of said railway shall be of a gauge of four feet and eight and one-half inches, and shall not be elevated above the street, and shall be laid with modern improved rails in such manner that carriages and other vehicles can easily and safely cross said streets, and as near together as practicable. The said corporation, its successors and assigns, shall keep in good and thorough repair, at its own cost and charge, so much of all streets upon which said railway shall be laid and operated, as lies Tracks, how laid. between the two outside rails and one foot therefrom toward the curb lines, of the same material of which the streets 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 same shall be made within twenty-four hours after notice

to do said work has been given by the said board of public Repair of streets. works; and the said company failing to do said work

Rate of fare.

Joint use of tracks.

Proviso.

within the prescribed twenty-four hours, then the board of public works shall hereby authorize and direct and cause said repairs to be made at the expense of said corporation and said corporation (the Milwaukee & Whitefish Bay Railway Company) shall save harmless the said city from any loss and damage which it may incur or become liable for by any reason of the malfeasance or nonfeasance of said corporation, its successors or assigns, in respect to the duties and conditions imposed upon the said company, the Milwaukee & Whitefish Bay Railway Company.

Section 8. 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 by said corporation, or by its assigns, shall not exceed 5 cents, except when cars and carriages shall be chartered for a special price; but before any car or carriage shall be used and operated on said railway, said corporation, its successors and assigns, shall pay to the city for each car or carriage used thereon, such annual license fee as is now provided by ordinance respecting the street railway in said city, or as may be hereafter provided by ordinance.

Section 9. The city of Milwaukee reserves the right to grant to any person, persons, corporation or corporations, the right to use such tracks and roadbed along the following streets and bridges, to-wit: Broadway, Broadway bridge, with its approaches, South Water street, Lake street, Barclay street, Florida street, First avenue, Maple street, Clinton street, and Clinton street bridge with its approaches, Lincoln avenue, Howell avenue, Potter avenue, Russell avenue, Kinnickinnic avenue, Knapp street, Van Buren street, Lyon street, Warren avenue, Boylston street, Cambridge avenue, North avenue, Oakland avenue, Bradford street, and also upon any remaining streets mentioned in section 2, to-wit: Lapham street and Eighth avenue, provided, however, that no such right to use such tracks and roadbed shall be granted upon the streets last mentioned to any person or corporation for a greater distance than three consecutive blocks in length, in any one of the said last named streets; and provided further, that before using the same or any portion thereof, or such portion of said track or roadbed upon or over which the said city of Milwaukee shall have granted a

franchise to any person or corporation, said person or corporation shall pay or secure to be paid to the said Milwaukee & Whitefish Bay Railway Company a just and adequate compensation for the use of said tracks and Compensation. roadbed 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 Milwaukee & Whitefish Bay 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 said clerk of the city of Milwaukee at the time when made, then such compensation shall be determined by arbitra- Arbitration. tion, and the city of Milwaukee, by its mayor, shall name and appoint one person, and the Milwaukee & Whitefish Bay 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 so appointed shall fix and determine the compensation either in gross or payable in installments, as may in their opinion be just and proper, for use of said tracks and roadbed, reference being had always in fixing the sum, to the amount and character of the use to be made thereof; and in case of 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 in behalf of the person or corporation failing so to nominate and appoint an arbitrator. And the compensation as fixed and determined for the use of such tracks and roadbed by said arbitrators, or majority of them shall be final and conclusive. The award of the arbitrators shall describe the character and amount of the use to be made, as well as the compensation therefor, and shall be filed with the city clerk to be preserved by him in his office. Said 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 tracks and roadbed becomes materially changed or effected; and in such case it may be revised, either by agreement or by arbitration, as hereinbefore provided. Provided, always, however, that the Milwaukee & Whitefish Bay Railway Company has a prior right on its tracks everywhere, to use its system of power and no joint use thereof shall ever be enforced with any other person or corporation that shall compel said company to change its power or

system, or make it impossible to use the same in a practical manner.

Section 10. It is provided further, that any time lost by the Whitefish Bay Railway Company in prosecuting its work due to litigation with the city of Milwaukee or any person or corporation, shall be added to the time for the final completion of such lines as are stopped.

Section 11. The said Milwaukee & Whitefish Bay Railway Company shall at all times keep its tracks and roadbed free and clear from snow and ice, and shall not deposit or cause to be deposited any snow or ice removed from its roadbed or tracks upon the streets adjacent thereto, so as to impede travel, and in case the snow or ice at any time removed from its roadbed, and deposited on the tracks shall, in the opinion of the board of public works, create any obstruction to travel upon said streets, the said board of public works may cause the snow and ice to be removed from the said streets at the cost and expense of the said corporation, and it is a condition precedent to the conferring of the rights hereinbefore granted, that the said Milwaukee & Whitefish Bay Railway Company agrees to pay upon demand, to the city of Milwaukee, whatever expenses said city may be put to by reason of removing ice and snow as aforesaid. And said company agrees to indemnify the said city from any and all loss or damage by reason of any accident that may occur from or on account of said snow or ice so deposited.

Section 12. The city of Milwaukee reserves the right to alter and amend this ordinance, so as to regulate the speed at which cars shall be run on the tracks hereby authorized to be laid, and the time of running the same.

Section 13. The city of Milwaukee having also granted to the Milwaukee City Railroad Company the right and authority to construct and maintain street railway tracks and the necessary collaterals thereto, on and along Broadway, from Martin street to Michigan street, for and during the 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 as hereinafter provided, there is hereby granted to the Milwaukee & Whitefish Bay Railway Company, its successors and assigns,

the right and authority to operate street cars and carriages upon and over the said tracks of said Milwaukee City Railroad Company from the intersection of Martin street with Broadway, to Michigan street on said Broadway, for and during the term ending the first day of July, 1924, upon the express condition that said Milwaukee & Whitefish Bay Railway Company shall pay to the Milwaukee City Railroad Company just and adequate compensation for the use of said tracks of the Milwaukee City Railroad Company, which shall be used by the said Milwaukee & Whitefish Bay Railway Company, as may be agreed upon by the said two companies, and in case of their failure to agree upon a sum within sixty days, after written application by the said Milwaukee & Whitefish Bay Railway Company to the Milwaukee City Railroad Company for the privilege to run cars over the last named company's tracks on Broadway, from said Martin street to Michigan street, 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 Milwaukee & Whitefish Bay Railway Company shall name and appoint another person, and the said Milwaukee City Railroad Company shall name and appoint another person, and the three persons so appointed shall fix and determine the compensation, either in gross or payable in installments, as may in their opinion seem 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 the failure of either of said persons or corporation 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 said arbitrator, and the compensation so fixed and determined for the use of said tracks and roadbed by such arbitrators, of a majority of these shall be final and conclusive. The award of the arbitrators shall describe the character and amount of the use to be made, as well as the compensation therefor, and shall be filed with the said 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 the roadbed