The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-05-03

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sign. arr upon sae foaiovins ceslssas
Flrst: That tbs Franchise shall = 49,
II void after November iss. iN 49,
compieeed and Eave hextsn II good 4Alsn g
operate an independent railway Ano -
tween Portland. oressn, and Ssetsh 80.
6y either bridge or ferry.
Second. That said track or tracks SHAH
be constructed and maintalned II suen ess
evatsor az elevations rs the CITY coone-t
may frcm time 10 time estaDisxn - tns
proper grade elevation for the streets and
avenues upon and scress which franchise
Section T. That whenever said Qac1 g
tracks shall cross or be crossed - kfS0e
BY street now constructed or hSeeekf
from time TO time. improve. psan4 % re-
plank. pave or repaSes macadamfxY . -
rnacadamise. as the proxsnate portions 0f
proved, planked or replanked. paved g
repaved. macadams8ed or remAcAdAmi1eds
tam ssn a sess os s.d ws1
said crossing: and whenever . doublo Truck
is constructed across said street at grAdoy
s tine 20 se i sna pisns or paDs
pave or repave, macadamixe or rt1nAcad-
anne. keep IN repair and continuously
maintain z, least thirty feet Of said way
plank:ng- repianksng. paving. repavint.
macsdamixinz. remacadamisiBg. repair
half q & n feet on both sides OF the CEN
ter line OF such track or tracks.
AT every Travelled street intersection Oh
fo oS sn. q gs n~ s spsas.5 %essiss anc
the city II seattle the Grantee hereof
sna Il f shsr equal end
with the lights maintained by The city
ard OF At least TWO thousand (c0Q9l candle
as s sn KEEP .ssn q so,s !, E
night during which any street lighting
system IN said city may generally be IN
sections upon or across which other rail-
road franchises may be operated. said
grantees shall be required to bar the
to e. Sy Sa ssa
OF tracks owned or operated by each road
at each such intersection.
Whenever the City Council shalt by or
dinanes establish as the proper grade ele-
vat.on for the roadway of any street or
avenue crossing the track or tracks OF the
raliroad operated or to be operated. on the
FRANCHISE hereby granted, an ELEVATION
above the grade established for said track
or tracks and the City of Seattle shall
have provided for the construction OF al
wings and approaches thereto. then the
SAID company, Its SUCCESSORS and assigns.
shall at the same time as the city con-
sasn build and shall thereafter main
such right OF way at such street cross-
ings. said yiaducts or overhead CROSSINGS
TO be built at such elevations OF such ma
terials and in sucl manner as may be APP
proved by the City, Of Seattle: provided
that at no time shall the elevation be Tess
than will give safe clearance
Section 5. That said grantee. ifs n,c
cessors and assigns. shall allow each own
er and occupant CT the premises ad1oirfnr
and contiguous 10 this franchise, wKo shall
Board Of Public Works side tr .lsm ca dns
Meeting said Railroad with said premises.
provided. however. that. said side track
a n Iyrx>s H. 49,
and at the expense Of said owner q occ,i.
pant. and the same shall be subject 10 slch
reasonable regulations as to opening and
from time to time establish, and Tor IRE
purpose or a1ording such owners and a..
cupants free access to and from their said
railroad. such owners and occupants shaii
nave the right to put In and mAintain
switches and railway crossings over the
may be reasonable. at the expense a. ~,
the construction and repair. OF the person
desiring to use the same, and subject Is
grantee. Its successors and assigns shall
not allow locomotives or cars to stand IN
on the tracks at any such crossings or A
any street crossing along said franchsse
longer than may be necessary to marc
switches. or receive and land ma sspnyesS
unless in case of accident
The rates chargeable by said rr,n+aa -.
successors and assigns, upon emnfw ca ~
or on carload lots destined over ia lima -
pr or from any point or points outside OF the
OF this franchise owning such sSdetracIs
or tracks as above designated snail neSxe
De greater than schedule or terminal rates
cepfance OF this franchise. exnresssv
agrees TO deliver upon said sidetracks such
cirioad lots billed 10, and empty cars des-
tined from Seattle over their iins wi,r-
out other charge or compensatian ,ha,,
tnat expressed above. and in case ~ a r.sn
s sa,ien On the part OF said Graniee. its
provision In reference to switebinsk
charges. the said Grantee its surcs.ax
or or assi t shall forfeit and pay to he
lily OF Ssattie the sum of one h,,naraS
lloo.oV) dollars for each and everw u ,.sn,0
ton OF this provision or this frsnci,, ,a
which said sum may ne recovered ~, ~ MISE! use;
action against the said (srantaaa ~ civil
cessors and assigns. ~ sue
Section G. That the City of Sea,th
retain the same control of the streets. ave.
nues and alleys in and across whieh 49, ~,
railways shall be laid down $500 saIu
streets, avenues and alleys. and sbal, h a'I
the right at All times By general ordinanccss
trains within the limits of the risht ~ , anu
herein granted. and the maximum ner,a!,
or time for which locomotives cars -.
trains shan be allowed to blockade travel
chise. or intersectfng streets ard shs,,
have such further control and police DOW
ers over said right os way as m. 80.
charter and state laws permit
The said grantee, its Successors and
signs, by Its acceptance Of this frAncbiss
does agree for itself. its successors ana -.
signs, TO protect and save harmless tho
CITY Of Seattle from ali claims actions a.
damages OF every kind and descriu.in,
which may accrue 10 or be suffered Nv q nv
person or persons by reason OF any defec
tive construction or maintenance or I'm
proper occupation OF said right OF way. az
by reason of the negligent opera ton bv
said grantee. It's successors and assl9ns az
its railway trains over the right 6f war
hereinbefore described, and In case s,it
or action is commenced against said city
for damages arising out OF or by reason az
such defective construction or maintenance
or improper occupation of or negliSNut or-
Grafton. said grantee. its SUCCESSORS ana
assigns. viii upon notice 10 il 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 st;ch
suit or action. will fully satisfy said fudr-
ment within ninety 800 days after the saN
suit or action shall have been finally deter.
mined. II determined adversely to said
city.
Section T. That hereafter any other rail-
way operating a standard gauge railway
at Seattle. upon receiving Il franchise from
this city. shall have the right 10 the COM
mon use OF said tracks in the Aforesaid
right Of way for the running OF It's trains