The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-06-21


section Of this ordinance. are granted
Upon the following conditions. to-wit:
FIRST That said company. its success
SoTs and assigns shall allow each owner
and occupant Of a wharf contiguous 20
TIE street In aud long which said railway
S6aIi r. constructed a sidefrack connect
iHs such railway with the mills. factories
o warehouses upon said wharves. pro.
vtdeG. however that sasch SidetrSSk shall
Dc constructed and Kept III repair by ana
al the expense - such WHARF owner Us
occupant and the same shall be subject
10 such reasonable rules aud regulations
as 10 the opening and CLOSING OF switches
tahli>h, And for the purpose o. atfofoahS
SGcn wharf owners and occupants Tree Ac-
csss TO and from their wnarves. ware
u and manufactories sitaatea ~
taeir SiderracSs 20 sstG railway, sucFa wharf
owners and occupants shall have tue rIght
70 Not IN and maintain switches ana rail-
rSas crossings over the tracks @ sa.d
company, ia such manner as may De Fea~
scnahg az the expense OF the person de
siTlns 10 use the same as 10 CONSTRUCTION
and repair and also subject 10 ike rea-
sonaale rules and regulations as SUD cona-
pany may from time to time establish
Second: That said tracks shall he con-
s,rueted on common level WITH ne
street or streets along which this riGnt
OF Way - granted, as sad level II now or
may hereafter Ne es;a eiishea by the eity oi
Seattle.
Third: That unless stopped or delayed
BY some unusual proceeding. order or
court, accident or the elements, Sala rail-
way company. its successors or assigns,
shall have track constructed upon the
rlght OF WAY herein granted. TO a point On
Railroad avenue opposite lot ) IA block sA2.
se3'te tidelands. on or before Ssptelnher
18th. 1897, otherwise this ordinance stall he
wholly void provided, however, he city
OF Seattle shall on or before the 18th day
OK July, isss, have caused the Seattle
Warehouse & Terminal Company to re-
move its track from the right of way
heretofore granted TO the Seattle and
Montana Railway Company by ordinance
Section 3. That the city of Seattle here
by does. and AT all times shall, retain fun
control of all the streets upon. along or
across which such railway tracks are
hereby authorized to he constructed.
Section 1. That the city of Seattle here
oS reserves. and shall at all times have,
the right by ordinance to regulate the
speed OF trains upon the tracks herein au-
thorized.
Section 5. That in the operation OF said
railway. the Seattle and Montana Rail-
way Company, its successors and assigns.
snail have the right TO Use steam power
or any other motive power that said CON-
pany. its successors or assigns. may deem
best
Section 6. That said Seattle and Mon
tana halfway Company, its successors or
assigns. shall have the right 10 construct.
maintain and operate spurs or SdetrackS
from its main track or tracks TO wharveS,
warehouses or other buildings on either
side of its right of way. and in so doing
to cross the track or tracks of any other
railway company. provided. that III no
case shall said company. it's successors or
assigns. take or keep any more intervene
Ing space OF said public streets for sucn
spur or sidetrack than may Dc necessary
10 cross over TO such wharf or warehouse.
nor shall such spur or sidetrack ever be
used for any other purpose than for such
crossing.
Section !. Tfat any other railway COM
pany having or constructing a standard
gauge railway to the city of Seattle and
engaged as q common carrier of freight
and PASSENGERS shall have the right TO
cross the tracks OF said Seattle and Mon
tana Railway Company within the limits
or the right OF way herein granted. sub
!ect TO reasonable rules and regulations.
and in such manner as not to interfere
with or impede the transaction of the hus-
ness of said Seattle and Montana Railway
Company. its successors or assigns.
Section $. That whenever SAID track or
tracks shall cross or be crossed at grade
by street now constructed or hereafter
TO be constructed. said company. its sue
cessors or ass igns. shall improve plank
or pave. as the adjoining portions of said
street may be from time to time improved,
pianked or paved. and keep In repair. mt
least fifteen feet OF such way ut said
crossing: and whenever a double track IL
constructed across such street. at grade,
said company shall in like manner i'm
prove. plank or pave and keep in repair
thirty feet OF such way across said street.
such Improvement planking or paving 10
extend seven and one-half feet on each
side or the centre line of said track or
tracks az said crossing.
Section 3. That whenever any other
railway company having standard gauge
railway to Seattle. upon receiving a fran
chise from this city. shall have the right
to the common use OF said tracks In the
aforesaid right of way for the running OF
its trains thereon upon the payment TO
said Seattle and Montana Railway Com
pany, It's successors or assigns. of such
monthly OF annual rental and compensa-
ton as may he just and equitable and
subject TO such rules and regulations AS
shall he just and equitable. And In case
said galway company cannot agree with
said Seattle and Montana Railway Com
pany. its SUCCESSORS or assigns. upon the
terms ard compensation to be paid for the
use of said tracks aforesaid any contro-
versy respecting the amount 10 he ia,d
to said Seattle and Montana Railway Com
pany, It's successors or assigns for the
privilege OF the use of its tracks as afora~
said, and the conditions. terms and regu-
lations of such Use. shall Ice submitted 10
arbitration according TO the laws In fore.
in the state of Washington. aad such sub
mission shall have the same force and
binding effect upon the parties thereto rs
shall be provided by such laws I'm other
cases OF arbitration.
Section 10. The grant of the franchise.
rights and privileges hereby made is sub
iect TO the right of the city council ut any
time hereafter 10 repeal. change or modify
the same nd the right Of the city rouncjl
TO repeal. amend or modify this ordinance
with due regard Ia the rights of tn. pnr-
ties and the interests of the public is
hereby reserved.
Section II. That II said Seattle and Mon.
tara Railway Company. it's Successors or
assigns. shall at any time fail or neglect
for a period OF ninety days. 10 comply with
the conditions ~ this ordinance III shati
he lawful for the common council Of ,ha
city OF Seattle unless such faiinre or neg
lect shall be the result Of or caused he a.
cident or some unusual occurrence eforrne
or other act Of God. to declare by ordinance
"A forfeiture of all the rights and nrivIIeoes
herein granted. and thereupon This orai
nance aud all the rights hereby granted
shall be forfeited and become nun and
void
Section L. Nothing in this ordinance
contained shall be construed as prnnttpt-
any exclusive franchise or privileges for
the use of any street, alley hiphwav ar
other public place or any part thereof
Section ~. In order to clatm thu hane-
fits of this ordinance or any az The rfgrfz
privileges or authorities hereby grantsa'
said seattle and Montana Railway Gem
pauy shah within fifteen DAYS after fho
taking effect Of this ordinance fla in ~,
office Of the city clerk It's accentanre l.,
writing under its corporate seal .syec,,,eJ
tested oy it, secretary or assistant se,.re
tary. Of the benefits. rights. privileges ana
authorities granted by this rrsInancc
subject 10 all the covenants terms s,d
conditions herein contained and II eais
written acceptance be not filed within sst3
time this ordinance shaiI he VOID.
Section IA. That this ordinance shall
take effect and Ire IN force from ard af,rr
its passage and approval IL approved 80
at the time IL shall become a law under
the provisions Of the city charter.
Gate Of first publication June L. 1881
NOTICE TO CONTRACTORS" nm
avenue Improvement