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

ros1 1rsscSisss nay IS opefnIe1, saId
grantees ahA1 ~ required % bar tne
burden 81 its pfopoftl0nal part only. zen
& trse1ks e. Owned o. opesssed 81 each read
af each such intersection.
Whenever the City Council shall ~ or
san ,ss sSs a, ss se sny s. cor Or
avenue crossing the treck ~ TRACKS 8 the
railroad speraied or 70 y operated On the
i .nsa nsrssy ssssd e, AZ ..e sracn
or tracks, and the City Of Seattle shall
have provided for the construction Of all
wings or approaches thereto. then the
shall at the same time as the city con-
sfrucfs. build and shall thereafter main
tain yiaducts or overhead CROSSINGS ever
inss. .aid viaducis or n overhead s crossings
10 be built az such elevations. OF SUCH ma
tersals and in such manner as may be ap,
a sy ns Gy & &. Be ss
than viii give safe c.earance-
Section 6. That mid grantee. III suc-
cessors and assigns, shah allow each ON
and contiguous to this franchise. Who shaH
have received proper permit from tho
Board or Public works. 3 side track con-
provided. however. that said side track
shall be constructed and kept In repAir py
and at the expense OF said owner or occti-
pant. and the same shah be subject TO such
closing OF switches Al said grantee may
from time to time establish. and for the
purpose Of affording such owners and oc.
premises situated on either eth Side Of said
railroad. such owners and occupants anaii
have the right to put Ia and maintain
switches and railway crossings over the
tracks OF said grantee. IN such manner a.
may be reasonable. at the expense, as 10
the construction and repair. OF the person
desiring TO use the same. and subject 20
efew%>t - ~f-a< <v~~ "a .
grantee. its successors and assigns. shall
not allow locomotives or cars to stand up
on the tracks at any such crossings or AT
any street crossing along said franchise
longer than may be necessary to make
switches. or receive and land passengers.
unless in case Of accident.
The rates chargeabie by said grantee. It's
or on car load lots destined over its line TO
or froui any point or points outside of the
City OF Seattle to mercbants along the line
OF this franchise owning such sidetracks
or tracks as above designated. shall never
be greater than schedule or terminal rates
TO 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
out other charge or compensation than
se sa aa Il case 81
successors or assigns. of the foregoing
provision N reference to switching
charges. the said grantee. its successors
City Of Seattle the sum of one hundred
(100.00) dollars for each and every viola
ton OF this provision OF this franchise:
actson against the said grantee. its sue
cessors and aGsig,1e.
Section 8. That the city of Seattle shall
retain the same control OF the streets. ave-
railways shah be laid down. as other
streets avenues and alleys. and shall have
the right at all times by general ordinance
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 to blockade travel
across the streets embraced IN said fran.
chise. or interesting streets. and shall
have such further control and police pow
ers over said right OF way IS the city
The said grantee. Its successors and as
signs. By It's acceptance OF this franchise.
does agree for itself. its successors and as
City OF Seattle from ali cia,ns actions or
damages OF every kind and description
which may accrue to or be suffered by any
person or persons by reason OF any defec-
proper occupation OF said right OF way, or
by reason of the negligent operation by
said grantee. its successors and assigns. of
hereinhefore described. and IN case suit
or action Is commenced against said city
for damages arising out OF or by reason of
such defective construction or maintenance
or improper occupation OF or negligent op-
GRAFTON. said grantee. Its successors and
assigns. win upon notice to 1t 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. viii fully satisfy said judg-
suit or action shall have been finally deter
mined IL determined adversely to said city.
Section Z. That hereafter any other rail-
way operating standard gauge railway
this city. shall have the right to the COM
mon use OF said tracks IN the aforesaid
rightsof way for the running OF II, trains
its successors and assigns. Of such monthly
or annual rental and compensation rs may
be Just and equitable. and subject to such
be consistent With the prior rights Of said
grantee its successors and assigns. and
such IA shall not interfere with or impede
the dispatch and transaction OF the hslga-
signs.
And in case the said railroad cannot
agree with the said grantee. it's successors
s s.i to be paid paid for the '' use 1 OF said
tracks. as aforesaid. and there be contro-
versy detrimental to public interest re-
speeding the amount to be paid to said
grantee Its eziccessor.s and assigns. for the
privilege OF the use OF las tracks, az afore-
said. and the conditions. terms and regu-
iations OF such use such controversy shall
he submitted TO arbitration according 10
the laws 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.
In determining the compensation TO be
paid for such tse the said arbitrafors shall
not assign any value to the franchise here
by granted.
Section g. That In the operation Of said
railways there may be used steam power
and such other power as the city council
may from time to time sanction.
Section 2. That II said grantee. its sue
cessors and assigns. shall q: any time fail
or neglect for a period OF ninety fsD DAYS
10 comply with the conditions OF this ordi-
nance or any of them. or any other or15.
nance duly passed in pursuance thereof. IL
shall be- lawful for the City Council Of
the City OF Seattle. unless such failure or
neglect shalt be the result OF or caused by
accident or some unusual occurrence,
storms. freshets snow blockades. or other
act OF God TO declare BY ordinance the
forfeiture OF the rights herein granted 10
the company or companies 80 defaulting.
whereupon such franchise shall determine
and cease.