The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-05-19

sections upon or across which other rail-
grarssaes shaI b. REQUIRED 80 bear Inc
burden OF its proportional part only, sucn
proportion to be measured by The nGmber
OF tracks owned or operated by each road
at each such Intersection.
Whenever rhe City Council shall by or
dinance establish as the proper grade eae-
walton for the roadway OF any street or
avenue crossing the track or tracks Of the
railroad operated or 70 De operated on the
franchise hereby granted. an elevation
above the grade established for said track
or tracks. and the City OF Seattle Snail
have provided for the construction OF all
wings or approaches thereto. then the
said company. its Successors and assigns.
shall at the same time as the city con-
sfructs, build and shall thereafter main
tain viadrcts or overhead crossings over
such right OF way al such street cross
ings, said viaduess or overhead crossings
TO be built AZ such elevations. of such ma
feraals and in such manner as may be sp-
proved by the City of Seattle; provided
that al no time snail the elevation be less
than will give safe Clearance.
Section T. That said grantee. It's sue
cessors and assigns. snail allow each own
or and occupant OF the premises adjoining
and contiguous TO this franchise, who sf1aA
have received a proper permit from the
Board ~ Public Works a side track con-
meeting 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 occu-
pant. ana the same shall! be subject 70 such
reasonable regulations as 70 opening and
closing OF switches as said grantee may
from time 10 time establish. and for the
purpose Of affording such owners and oc-
cupants free access 10 and from their said
premises situated on either side OF said
railroad. such owners and occupants shall
have the right 70 put In and maintain
switches and railway crossings over the
tracks or said grantee. in such manner as
may be- reasonable. at the expense, as TO
the construction and repair. Of the person
desiring 10 use the same, and subJect 70
right and reasonable regulations: and said
grantee, its successors and assigns. snati
not allow locomotives or cars to stand up
ON the tracks at any snch crossings or at
any street crossing along said franchise
longer than may be necessary 10 make
switches, - receive and land passengers.
unless In case of accident.
The rates ehargeahie BY said grantee, It's
successors and assigns. upon empty cars
or on car load lots destined over It's line 10
or from any point or points outside of the
City OF Seattle to merchants along the life
or this franchise owning such sldetraeks
or tracks as above designated. shall never
be greater than schedule or terminal rates
10 Seattle. The said grantee, BY its ac-
ceptance OF this franchise expressly
carload lots billed to. and empty cars des-
tined from Seattle. over their line with
cut other charge or compensation than
that expressed above. and in case Of vio-
iation on the part OF said grantee. its
successors or assigns. Of the foregoing
provision in reference 10 switching
charges. the said grantee. its successors
or assigns. shall forfeit and pay to the
City OF Seattle the sum of one hundred
0oa.eO dollars for each and every viola
ton of this provision OF this franchise.
which said sum may oe recovered In civil
action against the said grantee, its sue
cesSors and assigns.
Section 6. That the City of Seattle shall
retain the same control of the streets. ave-
nues aud alleys IN and across which said
railways shall be laid down. as other
streets. avenues and alleys and shall have
the right at all times by general ordinance
TO regulate the speed OF locomotives and
trains within the limits of the right of way
herein granted and the maximum period
of time for which locomotives. cars or
trains shall be allowed 10 blockade travel
across the streets embraced In said fran
chise. or interSecting streets. and shall
have such further control and police pow
ers over said right of way as the city
charter and state laws permit.
The said grantee. its successors and as
signs, by its acceptance of this franchise.
does agree for itself. Its successors and as
signs, TO protect and save harmless the
damages OF every kind and description
which may accrue to or be suffered by any
person or persons by reason of any defec-
tive construction or maintenance or I'M
proper occupation OF said right OF way. or
by reason of the negligent operation by
said grantee. its successors and assigns. of
its railway trains over the right of way
hereinhefore described and I'm case suit
or action Is commenced against said city
for damages arising out oe or by reason of
such defective construction or maintenance
or improper occupation of or negligent OPP
Grafton. said grantee. It's SUCCESSORS and
assigns will upon notice to ii or them, OF
the commencement OF said action, defend
the same at It's 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 said judg-
ment within ninety tND days after the said
suit or action shall have been finally deter
mined II determined adversely to said CITY.
Section !. That hereafter any other rail-
at Seattle. upon receiving a franchise from
this city shall have the right to the COM
mon use of said tracks I'm the aforesaid
right of way for the running of its trains
thereon. upon the payment to said grantee.
its successors and assigns. of sncn monthly
or annual rental and compensa ton as may
be just and equitable. and subject to such
be consistent with the prior rights OF said
grantee, IT'S successors and assigns. and
such as shall not interfere with or impede
the dispatch and transaction of the busf-
mass of said grantee. its successors and as
signs.
And in case the said railroad cannot
agree with the said grantee, its successors
and assigns. upon the terms and eompen-
sation TO he paid for the use of said
tracks as aforesaid. and there be contro-
veTsy detrimental to public interest re-
specting the amount to be paid to said
grantee it's successors and assigns for the
privilege OF the use of its tracks. as afore-
said. and the conditions. terms and regu-
iations Of such use. such controversy shall
be submitted 10 arbitration according to
the In ws in force In the State OF Washing
ton and such submission shall have the
/ same force and binding effect upon the
parties thereto as shall be provided by
such laws in other cases Of arbitration.
I'm determining the compensation 10 be
paid for such Use. the said arhitratorS shall
not assign any value 10 the franchise here
by granted.
Section & That in the operation OF said
railways there may he used steam power
and such other power as the city council
NAV frosn time 10 time sanction.
Section q That If said grantee. it's sue
cesSorS and assigns. shall al any time fail
or neglect for n neriod If ninety Csa) dsvs
10 comply with the conditions OF thss ordi-
nance or any of them. or any other ordi-
nance duly passed in pursuance thereof II
shall he lawful fer the City Council OF
the City % Seattle. unless such failure or
neglect shall be the result Of or caused by
accident or sone unusual occurrence
storms. freshets snow hloeksdes. or other
act of God 20 declare by ordinance the
forfeiture Of the rights herein granted To
the company or companies 80 dafauting
whereupon such franchise shall determine
and cease.