The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-03-23

be constructed and maintained a such ele.
walton or elevations IS the CITY co0uSa
may frngn time TO time esta htasa as kBs
proper grade elevation Tor the streets AMI
avenues u2on and across when a iTaa-
ci1Ise is hereby granted.
Seq 4 That whenever said track or
tracks shall cross or be crossed az grade
by a street now constructed or hereafter
to be constructed said company shall from
the r,roxImate portions Of said street may
be from time to time improved, psankss0
or paved and keep IN repair NJ ieast NJ
teen feet of such way al said crossing:
ard whenever a double track is constructed
across said street AZ grade. the company
shall in Ike manner from time 10 fsrne M
thirty feet OF such way across said street.
such improy esneat. planksng or paving g
extend seven and one-hzk feet ON eacn
side Of the center line OF said track Or
tracks Whenever the city council shaI
by ordinance establish as the proper erAne
elevation for the roadway OF any strees
or avenue crossing the track or tracks o,
On the franchise hereby granted. an eieNa-
ton above the grade ests biished TOT saia
track or tracks ana e ,ae "a, esty ..
OF ali wings or approaches thereto. tneh
the said company. its successors ana as
szn, shan e. h iae s sna sha hereafter
maintain yiaducts or overhead Crossings
over such right-of-way. Al such street
CROSSINGS. Gd5d yfddNCtS OF pNtEtItdA sioH.
ings to be built at such elevations, of such
materials and In such manner as may ~
| approved by the city Of Seattle; provided
that at no time shall the elevation De less
than win give safe clearance.
Sec. 5. that said grantee. Its successors
and assigns. shail allow each owner ana
contiguous TO this franchise, who shall
have received a proper permit from the
board OF public. works, side-track con-
nsonF SAD M,h said
| shall be constructed and Kept IN repair ny
| and at the expense OF said owner or occu-
pant. and the same shall be subject 70
and closing OF switches AZ SAID gTahtee
/ may from time 10 time establ.sn. ana IoI
! the purpose Of afford'ng such owners ana
occupants free access 10 and from their
| said premises situated on either Sue OF
| said railroad. such owners and occupants
| shall have the right to put IN s ; man lam
| the tracks OF said grantee, In sucn man
ner as may be reasonable. at the expense.
as to the construction and repair OF me
| ject TO right and reasonable regulations
! and said grantee, its successors and as
signs. shall not allow locomotives or sars
20 stand upon the tracks al any such cross,
ing or at any street crossings along SAID
| franchise longer than may be necessary
to make switches or receive ana iano pas
sengers unless in case OF accident -
Sec. g. That the city OF Seattle shall
retain the same control OF the streets. ave-
nues and alleys In and md across ~n M o, ssq
streets, avenues and alleys. and shall have
the right at all times by general ordinance
to res1as the ise sbe nts o. Of he
herein granted and the maximum period
of time for which locomotives. cars or
trains shall be allowed 10 blockade traVei
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 cnar-
md .utn la ytavy
Muat He COmpe nsated.
Sec. = That hereafter any other railway
operating standard gauge railway a.
Seattle. upon receiving a franchise from
mon use OF said tracks in the aforesaid
right-of-way for the running of Its trains
thereon upon the payment 10 said grantee.
its successors or assigns, Of such monthly
or annual rental and compensation as may
be just aud equitable. and subject TO such
reasonable rules and regulations as may
be consistent with the prior rights or said
/ grantee its Successors or assigns. and Sucn
rs shall no. interfere with CT impede the
dispatch and transaction of the business
| OF said grantee, its successors or assigns.
And In case the said railroad cannot
agree with the said grantee. It's successors
and assigns. upon the terms and compen-
/ sation TO be paid fer the use OF said tracks.
/ rs aforesaid. and controversy respecting
| the amount 10 be paid 10 said grantee, It's
| SUCCESSORS or assigns. for the privilege OF
| the use Of It's tracks, as aforesaid. and
! the conditions terms and regulations or
! such use. such controversy shall be sub
/ United 10 arhltra ton according TO the laws
/ in force in the state of Washington. and
such submission shall have the same force
| ard binding effect upon the parties thereto
/ as shall he provided by such laws in other
eases Of arbitration.
| Sec s. That IN the operation OF said rail-
! ways there may be used steam power and
such other power az the city council may
| from time 70 time sanction.
| Sec. 2. That Ii said grantee. It's si;cces
sors CT assigns. shall at any time fail or
negIec: ,tor a period OF ninety. (sl days
| 20 comply with the conditions OF this ordi
/ nance or any CT them. or any other ordi-
| nance duly passed in pursuance thereof,
II saall he lawful for the city council Of
/ the city or Seattle unless such failure or
/ sfeglec. shall be the result Of or be caused
! by accident or some unusual occurrence.
| storms. freshets. snow blockades or other
| act OF God. 20 declare by ordinance the
! forfeiture OF the rights herein granted TO
the company or companies so defauting.
/ Sec. 10. The rights, privileges and fran
cnises hereby granted are subject To the
! right or the city council at any time here
/ after 10 repeal, change or modify the same
having due regard. however, To the rights
OF the parties and the interests Of the
public.
] Sec, H. In order 20 claim the benefits
| Of ;his franchise the grantee. is success
| a{ter the taking effect % this ordinance,
! f!e w.ch the city clerk Of the said city.
| their acceptance thereof In writing. under
proper seas. eAecu,ed by the president or
/ vice president and 8jtested bv the seere-
. tary Of each sach road. subject to al tho
covenants. terms and conditions herein
mentioned. and II said written accent
ance pe not .isei within said tiI.1e his orCii-
nance snail no VOID
Sec IL. This ordinance shall take effect
/ ard h 81 force from and after its rassaca
end approval. Il approved bV the MAYER
/ otherwise Il SHAH lax. effecr az the time
- Slau become 4 law GGaSr the provisions
, % lhe city CHarger.
FOR ST. MICHAEL.
Saip Yosemite viii SSH IL low for Dutch
/ HaYoor ana $. Michael Nav = ra~
frafglf s.Aafa ar,nln ~ onr.. Y1-h..A e.