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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. Prorided, always, horrerer, 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. Roadbed to be kept

Section 11. The said Milwaukee & Whitefish Bay free from snow or Railway Company shall at all times keep its tracks and ice.

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 fronı 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. Alteration or

Section 12. The city of Milwaukee reserves the right amendment. 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. Compensation for

Section 13. The city of Milwaukee having also granted joint use. 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 becomes materially changed or affected, and in such case it may be revised either by agreement or arbitration as before provided.

Passed August 11, 1890.

General grant.

Use of electricity authorized.

AN ORDINANCE
To authorize the Milwaukee & Whitefish Bay Railway

Company to extend its tracks and railway, and to oper-
ate the same by the use of electricity.

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

Section 1. The Milwaukee & Whitefish Bay Railway Company, a corporation duly organized and existing under the laws of Wisconsin, is hereby authorized to extend its railway upon and along the streets and bridge in the said city of Milwaukee hereinafter designated, and for that purpose there is hereby given and granted to the said Milwaukee & Whitefish Bay Railway Company, and its successors and assigns, the right, privilege and authority to lay and maintain a double track for the said railway, with all necessary and convenient tracks and turn-outs, side-track, connections, switches and turn-tables upon and along the streets and bridge in the city of Milwaukee named in the next following section of this ordinance, and to keep, maintain, use and operate thereon, railway cars and carriages, propelled by the power of electricity applied by the storage battery, overhead or other approved system, subject to the conditions and restrictions hereinafter named, for and during the term commencing with the passage of this ordinance and ending July first (1st),

A. D. 1924.

Section 2. The said Milwaukee & Whitefish Bay Railway Company and its successors and assigns is, and they are hereby authorized to lay, maintain and use a double track with connections, said track, turn-outs, switches, turn-table and turn-table excavations for such street railway on and along the course of the following streets and bridge of the city of Milwaukee, to-wit: Commencing at the southern terminus of the line heretofore granted to said company, to-wit: At the intersection of North avenue and Farwell avenue, in the Eighteenth ward of the city of Milwaukee, and extending thence west on and

along said North avenue to the bridge connecting the North avenue, Eighteenth ward with the Thirteenth ward of the said North avenue

bridge, Weil city, thence on and along said bridge at North avenue in

street, Lee street, the Thirteenth ward of said city, thence on and along said Booth street. avenue west to its intersection with Weil street in said Thirteenth ward, thence north and along said Weil street to its intersection with Lee street, thence west on and along said Lee street to its intersection with Booth street, thence south on and along said Booth street to its intersection with North avenue, and thence west on and along said North avenue to the western limit of the city.

Section 3. The said Milwaukee & Whitefish Bay Rail- Electrical power to way Company is hereby authorized to operate its cars and be used. carriages upon and along its aforesaid track or tracks, by means of power produced by electricity applied by the storage battery system or by means of electricity conducted upon wires suspended over and above said track or tracks on the streets and bridge aforesaid, and upon such other streets and bridges as it may hereafter be authorized to lay and maintain a street railway; and the said company is hereby authorized to erect, keep and maintain the necessary plant, machinery and power-house for the purpose of generating such electric power, and it is further authorized to erect on, along and across the streets, alleys and bridge, and under the Milwaukee river above mentioned in the said city of Milwaukee, the necessary poles, wires, cables and fixtures for the purpose of conducting and applying the power to be used as aforesaid, subject to the conditions and restrictions hereinafter contained.

Section 4. All poles erected by said company to carry the wires, shall be constructed of iron, in a neat, ornamental manner, and of sufficient strength to support the same, and shall always be kept neatly painted. All such poles shall be set inside the curb, and shall not be set at a less distance than one pole in every one hundred and twenty-five (125) feet, except at the intersection of streets, and all wires to be strung thereon shall not be less than eighteen feet above the surface of the street. Should the company use in connection with said overhead system and supplementary or feed wires such supplementary or feed wires shall be laid under ground, and the same shall be properly and safely insulated, and all wires used to conduct electric currents for the purpose of aforesaid shall be constructed with a return parallel metallic circuit; and

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