provided by ordinance respecting the street railways in the city, or as may be hereafter provided by ordinance. Section 9. The city of Milwaukee reserves the right to Joint use of tracks. grant to any person, persons, corporation or corporations, the right to use such tracks and roadbed along the following streets and bridge, to-wit: North avenue, North avenue bridge and its approaches, Weil street, Lee street and Booth street; provided, however, that no such right to use such tracks and roadbed shall be granted upon the streets above 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 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 arbitration, 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 the use of said track 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 cor 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 in behalf of the person or corporation failing as 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 Snow and ice to be removed from roadbed. 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 of 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 of such joint use of said tracks and roadbed become materially changed or effected; 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 practicable manner. Section 10. It is provided, further, that any time lost by the Milwaukee & Whitefish Bay Railway Company in proseuting 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 so 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 tracks or roadbed upon the street or streets adjacent thereto, so as to impede travel, and in case the snow and 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 ice and snow to be removed from the said streets at the cost and expense of the said corporation. And it is a condition precedent to the confering 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 any ice or snow so deposited. amendment. Compensation for joint use of tracks. Section 12. The city of Milwaukee reserving the right Alteration or 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 Cream City Railroad Company the right and authority to construct and maintain street railway tracks, and the necessary collaterals thereto, along North avenue from Island avenue to Richard 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 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 Cream City Railroad Company from the intersection of Island avenue with North avenue to Richard street on said North avenue, for and during the term of twenty-five years, under the express condition that said Milwaukee & Whitefish Bay Railway Company shall pay to the Cream City Railroad Company just and adequate compensation for the use of said tracks of the Cream City Railroad Company, as may be agreed upon by the said two companies, and in case of their failure to agree upon the same within ten days after written application by the said Milwaukee & Whitefish Bay Railway Company to the Cream City Railroad Company for the privilege of running cars over the last company's tracks from Island avenue to Richard street, along said North avenue, 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 mayor, shall name and appoint one person, and the Milwaukee & Whitefish Bay Railway Company shall name and appoint another person, and the Cream City Railroad Company 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 the use of said track 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 corporations to North avenue bridge to be strengthened. 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 corporation failing to so nominate and appoint such arbitrators, and the compensation so fixed and determined for the use of said tracks and roadbed by such arbitrators, or a 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 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 said roadbed and tracks becomes materially changed or effected, and in such case it may be revised either by agreement or arbitration, as before provided. Section 14. The Milwaukee & Whitefish Bay Railway Company shall do all work and furnish all materials at its own cost and charge, which may be necessary to repair and strengthen the bridge and roadway, on said bridge. now extending over the Milwaukee river at North avenue to the satisfaction of the city engineer, and said railway company shall not lay track or operate cars over or on said bridge until said work shall have been done and a certificate to that effect obtained from the city engineer and filed with the city clerk. Passed August 11, 1890. Poles to be placed in center of streets. AN ORDINANCE To compel the Milwaukee & Whitefish Bay Railway Section 1. In all future equipment with electricity of the lines now owned by it, or hereafter owned by it, the Milwaukee and Whitefish Bay Railway Company shall place its poles (with brackets connected to their tops and at right angles to the tracks, and of such length that the trolley or feed wires may be fastened from them over the center of the tracks) in the center of the streets and not at the curbs, except at corners, where the lines turn, where poles may be also placed at the curb line, provided, that upon such streets as may be designated by the chief of the fire department, the said company may place its poles at the curb line. Said company shall carefully and in a workmanlike manner, place its trolley and feed wires upon said poles. and shall protect the same from other wires by a suitable and and proper wire of sufficient size over said trolley or feed wires. Section 2. Nothing herein contained shall be construed as repealing an ordinance entitled: "An ordinance granting certain rights to the Milwaukee & Whitefish Bay Railway Company and amending the respective ordinances granting them certain rights in the city of Milwaukee," passed August 11, 1890, except insofar as the provisions of those ordinances are inconsistent with the provisions of section one (1) hereof, and if inconsistent with them to that extent such ordinances are repealed. AN ORDINANCE To amend an ordinance passed August 11th, 1890, entitled: "An ordinance to authorize the Milwaukee & Whitefish Bay Railway Company to extend its tracks and railways, and to operate the same by the use of electricity." The mayor and common council of the city of Milwaukee do ordain as follows: Section 1. The second section of an ordinance passed August 11, 1890, entitled: "An ordinance to authorize the Milwaukee & Whitefish Bay Railway Company to extend its tracks and railways and to operate the same by use of electricity," is hereby amended so as to read as follows: Section 3. The Milwaukee & Whitefish Bay Railway Company, its successors and assigns, are hereby authorized to lay, maintain and use a double track, with connections, side-tracks, turn-outs, switches, turn-tables, and turn-table excavations for such street railway on and along the course of the following streets and bridges of the said city of Milwaukee, to-wit: Commencing at the southern terminus of the line heretofore granted to said |