The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-06-19
CITY NOTICES.


soutnwestsrly On a curve 10 the right Of
uniform radius Of ,s-7 feet for a distance
"a as ~ feet sub;ending an angle OF
lei 10 and 81 feet distant from, tha north
sesterly line Of Railroad avenue a dis
lance OF 81 Sc feet to the intersection with
poIns ~ ,r nns o. me east waserway.-said
;suslanGs.
Section 2. The rights. PRIVILEGES and au-
thorisies by this crsslnar,sse sranssd 10 said
seatIie ana Montana Railway Company.
us successors and assigns, as set forth IN
secuon | OF this ordinance ara granted
1sri1 the Louowing conditions. to-wit:
That said company. its success
s sys aia assigns, shah allow each owner
. an ocSlpaEt of wharf contiguous 10
Snais De constructed a sidetrack connect
n-s sacn railway with The mills, factories
vtsss. a' sses upon said wharves. pro-
slusu however. that ss,eh siaetrack shall
oe constructed ana kent in repair BY and
81 the expense of such wharf owner or
- S1paht. ana the same shall I've subject
- sSeu reasonable rules and regulations
% 70 the opening and closing OF switches
- Sa.u company may from time TO time es-
ss aot>.ai ana for the purpose OF anording
sucu Wharf owners and occupants tree ac-
800 70 aud from their wharves. ware
SoSses ana manufactures situated on
eneai sIoetsacks 10 said railway. such wharf
70 put IN and maintain switches ard rail-
Icau crossings over the tracks of said
sonp,diny. IN such manner as may be rea-
soEaoie, at the expense of the person de-
siFIlg 10 use the same as 10 construction
anu repair, and also subject to like rea-
sonaoie rules and regulations as said COM
Aa,y may from time to time establish.
second: That said tracks shall be con-
.Iucted on common level with the
- set or streets along which this right
OF Way is granted. as said level is now or
Seattle. -
Third: That unless stopped or delayed
nal af
court, accident or the elements. said rail-
Way company, its successors CT assigns.
s sinl nave track constructed upon the
r,gnt OF way herein granted TO a point on
Railroad avenue opposite lot in block asa.
Set.ttle tideiands, on or before September
lsth n, 49,. otherwise this ordinance shall be
q Seattle shall on or before the 18th day
OF July. 1891. have caused the Seattle
warehouse & Terminal. Company to re-
heretofore granted to the Seattle and
Montana Railway Company by ordinance
Section 8. That the city of Seattle here
by does. and at all times shall retain full
control of all the streets upon. along or
across which such railway tracks are
hereby authorized to be constructed.
section l. That the city of Seattle here
ny reserves, and shall at all times have.
the right by ordinance TO regulate the
SPEED or trains upon the tracks herein au-
Section 5. That in the operation OF said
Iaiway. the Seattle and Montana Rail-
shall have the right to use steam power
or any other motive power that said COM
Pany' It's successors or assigns. may deem
Section g. That said Seattle and Mon
tana Railway Company. It's successors or
assigns, shall have the right to construct.
from its main track or tracks to wharves
warehouses or other buildings on either
side OF Its right of way, and in so doing
ha al IL
railway company: provided. that ' In n'n no
case shall said company, It's successors or
assigns. take or keep any more interven-
spur o. sidetrack than may be necessary
70 cross over to such wharf or warehouse
nor shall such spur or sidetrack ever be
used Tor any other purpose than for such
Section I That any other railway COM
pany having or constructing a standard
Engaged as carrier RI se Of fre ant
and passengers shall have the right 10
cross the tracks Of said Seattle and Mon
OF the right nf way herein granted. sub
1ect to reasonable rules and regulations.
and In such manner as not to interfere
ness Of said Seattle and Montana Railway
Company. It's successors or assigns.
Section g.. That whenever SAID track or
tracks shall cross or be crossed at grade
by a street now constructed or hereafter
to be constructed, said company, it's sue
cessOrs or asyigns, shall improve, plank
street may be from time 10 time improved i
planked or paved, and keep In repair at
least fifteen feet Of such way at said
crossing; and whenever double track is
constructed across such street. at grade.
said company shall in like manner I'M
prove. plank or pave and keep In repair
such Improvement. planking or paving to
extend seven and one-half feet on each
side Of the centre line of said track or
tracks at 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
aforesaid right of way for the running OF
Its trains thereon upon the payment TO
said Seattle and Montana Railway Com
pany. its successors or assigns, OF such
monthly or annual rental and compensa-
| ton may be just and equitable and
subject to such rules and regulations as
shall be just and equitable. And In case
said railway company cannot agree with
said Seattle and Montana Railway Com
pany its successors or assigns, upon the
use Of said tracks as aforesaid any contro-
versy respecting the amount to be paid
to said Seattle and Montana Railway Com
pany it's successors or assigns for the
privilege of the use of Its tracks al afore-
said. and the conditions. terms and rex,I-
lations OF such use. SHAH be submitted 10
In the state of Washington, and such sub
mission shall have the same force and
binding effect upon the parties thereto as
shall be provided by such laws in other
cases OF arbitration.
Section TO- The grant OF the franchise
| rights and privileges hereby made is sub
| 1ect to the right of the city council at any
| time hereafter to repeal change or modify
| the same End the right 81 the city council
TO repeal amend or modify this ordinance
with due regard to the rights OF the par
ties and the interests Of the public is
| hereby reserved
Section H. That IL said Seattle and Mon
tara Railway Company. Its successors or
| assigns, shall at any time fail or neglect
| for period OF ninety days. 10 comply with
the conditions OF this ordinance IL shall
be lawful for the common council of the
city OF Seattle. unless such failure or neg
lect shall be the result Of or caused by ac-
cident or some unusual occurrence. storms
or other act Of God to declare by ordins nee
forfeiture of all the rights and privileges
herein granted: and thsreupon this ordi-
nance and all the rights hereby granted
/ shall be forfeited and become null and
void.
Section u. Nothing In this ordinance
contained shall be construed az granting
any exclusive franchise or privileges for
| the use Of any street. alley, highway or
other public place or any part thereof
Section r. In order 20 claim the hene
fits OF this ordinance or any OF the yI-hfs
privileges authorities hereby granted
said Seattle and Montana Railway Com
taking effect of this ordinance file In the
Office OF the city clerk It's acceptance in
writing under IT'S corporate seal executed
nv ;fs president or vice president and a, :
tary OF the benefits, rights. privileges ard
| authorities granted hy this ordinances
subject TO all the covenants, terms and
conditions herein contained. and IL said
written acceptance be not Sled within said
| time this ORDINANCE shall be void
/ Section Il. That this ordinance shall