The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-05-09
CRY NOTICES.

l 10 - built az such elevations. Of such ma
1erlals and IN such manner as may be ap-
proved hy the City OF Seattle provided
1 Thar at no time shall the elevation be less
than will give safe clearance
Section 4 That said grantees. their sue
owner and occupant Of the premises adj
joining and contiguous 70 this franchise.
who shall have. received proper permit
track connecting said Railroad with said
premises: provided. however. that said
Side track shall be constructed and kept in
repair BY and at the expense OF said owner
or occupant. and the same shall be subject
to such reasonable regulations rs 10 OPEN
ing and closing of switches as said COM
panies may from time TO time establish.
and for the purpose or affording such
owners and occupants free access 70 and
from their said premises situated on either
side OF said railroad. such owners and oc-
cupanss shall have the right TO put in and
maintain switches and railway crossing
over the tracks Of said companies or the
tracks of any other company, in such man.
uer AS may be reasonable. al the expense,
as 10 construction and repair, OF the person
desiring 10 use The same and subject 70
grantees. their SUCCESSORS and assigns.
shall NOT allow their locomotives or cars
10 stand upon the tracks al any such
said franchise longer than may be neees-
ssry TO make switches or receive and land
pssssnssrs anlsss IN ss . g sss,ds,b shan
retain the same control of the streets and
alleys in and across which said railways
shall be laid down. as other streets and
alleys. and shall have the right at all times
by general ordinance TO regulate the speed
OF locomotives ana trains within the limits
The maximum period Of t time for Which To-
cornofives. cars or trains shall be allowed
70 blockade travel across the streets en-
braced in said franchise, or interesting
streets, and shall have such further con-
troll and police powers over said right OF
way as the City Charter and state laws
fFxttr
their Successors and assigns. shalt not per-
nit those portions of the streets and av-
enues over which a franchise is hereby
granted. TO be used by the public as q
thoroughfare or highway for pedestrians
or vehicles. and each of said grantees by
its acceptance of this franchise does agree
Tor Itself, Its Successors and assigns. 10
protect and save harmless the City OF Sc
attic from all claims. actions or damages
OF every kind and description which may
accrue to or be suffered by any person or
persons by reason OF any injury to person
or property sustained or happening upon
such portions OF said streets and avenues
and does by such acceptance further agree
for itself. its successors and assigns. that.
in case any suit or action Is commenced
against said City for damages arising out
OF or resulting drom any injury to person
or property sustained or happening upon
SUCH portions OF said streets or avenues.
each OF said grantees. its SUCCESSORS or as
signs. will. upon notice TO II or them OF
the commencement Of said action. defend
the same at its or their sole cost and ex-
pense, and. in case Judgment shall be rem
dered against the City of Seattle In such
suit or action. will fully satisfy such
judgment within ninety days after the said
suit or action shall have been finally deter
mined.
Section 6. That hereafter any other rail-
way company constructing railway to
upon receiving franchse from this ' civ
shall have the right to the common use OF
said track or tracks or such portion there
authorize them to use or il the gauge Of
the new railway be other than standard
gauge. to lay an additional rail In the
thereof as the City Of Seattle shall III have ave
by franchise authorized them TO use
upon either of the following conditions,
viz.
Such new company may obtain an equal
share in or ownership OF such portion or
portions of such right of way as the City
lied them TO use, by paying its equal share
or part of the original cost of the con-
struction OF such portion or portions, and
by thereafter providing for its fair proper
ton of the cost of operation and main
tenance. or II may lease privileges on or /
over such portion or portions by paying
its fair proportion OF the cost OF operation |
and maintenance, and further yearly |
sum. not exceeding in amount six per
eentum ON the original cost Of
lions. The precise amount to be so paid, |
expressed In terms of per centage on such
original cost of construction. shall be mu-
hereof. their successors and assigns. and |
such new company. provided that In case |
Il be impossible after negotiations have |
been pending for one hundred and twenty I
u2e) days, for said grantees. their success /
sors and assigns and such new company /
to so agree, then any difference or delay /
as to the amount OF such per centage. shall /
at once. at the instance OF either party, /
be arbitrated by a board OF three arbitra-
roads o col complaining. one by the road or
roads complained OF. and one by the City /
Council. provided that IL the companies
orty Of h a f fer thirty @ d DAYS ant
err being requested so TO do. 10 appoint a
second arbitrator, the City Council may /
their decision, or the decision of a ma
iority of them shall be final. In order that
a public record may be kept of such cost.
OF the said grantees and each OF them on
or before the expiration of ninety (90l DAYS |
from and after such. completion as will
ton OF the track or tracks on this fran |
chise constructed, to deliver to the City |
Comptroller In duplicate; on. tracing cloth.
feet to one inch. showing in precise detail
the portion or section so completed. Each
such plat shall dellneate all work with
chise hereinabove expressed. Each Sec
ton of one hundred 900 feet must be
clearly shown thereon, and the origin or
zero point of and for all stationIng must
be the point OF beginning fer this franchise |
expressed. Accompanying such maps
there shall be presented n clearly itemized
showing I'm detail the cost OF
the section indicated upon the accompany |
ing maps Such statement of cost must
be duly verified by the sworn statement of
The engineer In charge OF said work, certi-
fying the absolute accuracy OF such state
ment-
One of said copies the Comptroller shall
Gle with his records. the duplicate he shall
deliver to the City Engineer who shall |
receipt therefor, and who shall immediate
official city piats.
Failure or neglect TO comply with ths
OF this section shall be guTi-
,ient cause TO authorize the City Council
70 declare the forfeiture Of this franchise.
II any road that has accepted said fran
nents therefor 10 the satisfaction of any
1iher road or roads so accepting this fran
.hise. then any difference or delay as 20
he procedure for construction. shall az
panies be arhitratsd BY a board OF thres
srbitratoTs, one TO be selected by the road
,r roads complaining. one by the road or
Dads complained OF and one by the City
touncfl, the decision OF n majority OF
whom shall be final; and which Board may
IS part of It's decision, find and order that |
my defaulting or non-complving company |
nay, IL It's acts or delay shall Justify such |
sction, be excluded from the benefits OF
his franchise. except as II may thsreefter |
scquire an interest in or right 20 use the
not named herein NAV hereaft- |
r do Whenever the track or tracks OF |
he company or companies operating upon |
he franchise hereby granted shall cross
my stream or waterway within the limits |
II said franchise and II shall be or become
necessary TO construct a draw-hridge and |
for The purpose CO crossing
" tracks. such draw-hridge and ap- |
,roaches shall be constructed OF such ma
erials and rpon such plans as shall BE-