The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-05-06

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switches. or receive and land passengers,
Unless In case OF accident.
The rates chargeabae by said grantee. its
successors and assigns. upon empty cars
Or On carload lots destined over its ling 10
cty 81 seas.s % erehanis s ssa o. IN, me
OF this franchise ownfag such ss,ierrscks
or tracks as above Designated snail never
he greater than schessule or terminal rates
10 Seattle The said grantee. by its ac-
ceptares Of this franchise sxnres-sy
agrees 70 deliver upon said sisietracks such
carload loIs naiisd 10, and empty. cars des-
tined from SEATTLE. over their line vifF-
onI other charge or ccmpeasa tissu shan
that expressed above. and n case II = viz
lation OF the part OF said Grantee. lis
provision in reference to swirshins
charges. the said Grantee. It's successnrss
or assigns shall forfeit and pay TO the
City Of Seattle the sum of one hundrs[i
u1A-a0, dollars for each and every viola-
ton Of this provision OF this franch;se
which said sum may be recovered in EVIL
ceSsors and assigns.
Section S. That the City OF Seat.a sn.u
retain the sans control CT the streets. ave-
nues and alleys n and across which sasa
railways shall be laid down az 49,
streets. avenues and alleys and shall 80
the right at ali times by general ORDINANCE
10 regulate the speed OF Iooonottves and
herein granted, and the maximum nar,od
OF time for which locomotives cars ~
trains shall be a lowed 10 blockade frsvai
across the streets mbTaced in said fr.n
chise. or intersecting streets. and shall
have such further control and police r,r.u-
ers over said right OF way as the cisv
cnarter and state laws permit 49,
The said grantee, its successors and .s
signs. by its acceptance OF this franchise
does agree for itself. its successors ana as-
signs. to protect and save harmless the
City of Seattle from all claims actions or
damages OF every kind and descrin,,on
which may accrue to or be suffered by any
person or persons by reason OF any defec-
tive construction or maintenance or inn
proper occupation of said right Of way. or
by reason OF the negligent operation by
said grantee. its successors and assigns OF
It's railway trains over the right OF way
hereinbefors described. and in case suit
or action is commenced against said CITY
for damages arising out OF or by reason or
such defective construction or maintenance
or improper occupation OF or negligent op-
eration. said grantee, its SUCCESSORS and
assigns. will upon notice to It 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
suit or action. will fully satisfy said 1udg-
ment within ninety 500 days after the said
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
at Seattle, upon receiving franchise from
Dc
mon use of said tracks in the aforesaid
right of way for the running of its trains
thereon. upon the payment TO said grantee
its successors and assigns. OF such monthly
or annual rental and compensation as may
be just and equitable, and subject to such
reasonable rules and regulations as may
be consistent with the prior rights Of said
grantee its successors and assigns and
such as shall not interfere with or impede
the dispatch and transaction OF the bdsi-
ness 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 compea-
sation to be paid for the use Of said
versy detrimental to public interest re-
spect.ng the amount to be paid to said
grantee. its successors and assigns. for the
privilege OF the use of its tracks. as afore-
said, and the conditions. terms and regu-
lations OF such use, such controversy shall
be submitted to arbitration according to
the laws in force in the State OF Washing
ton and such submission shall have the the
parties thereto as shall be provided by
such laws in other cases Of arbitration
In determining the compensation to be
paid for such use. said arbitrators shall
not assign any value TO the franchise here
by granted.
Section s. That In the operation Of said
railways there NAV be used steam power
and such other power as the city council
Section 9. That II said grantee. its sue.
cessors and assigns. shall a, any time. fail
or neglect for a period of ninety tyo) days
to comply with the conditions OF this ord
nance or any OF them. or any other ordin-
ance duly passed in pursuance Thereon. X
shall be lawful for the City Council OF
the City of Seattle, unless such failure or
neglect shall be the result OF or caused by
accident or some unusual Occurrences.
storms, freshets, snow blockades or other
act of God. to declare by ordinance the
forfeiture OF the rights herein granted TO
the company or companies so defaulting,
whereupon such franchise shall determine
and cease
Section TO- The rights. privileges and
franchises hereby granted are subject to
the right of the city council at any time
hereafter to repeal, change or modify the
same. having due regard, however. to the
rights OF the parties and the interests OF
the public.
Section II. In order TO claim the bene-
fits OF this franchise the grantee. its sue
cessors and assigns shall within fifteen
days after the taking effect OF this ordin-
ance, file with the city clerk OF the SAID
city, their acceptance thereof in writing
under proper seal. executed by the presl-
dent or vice president and attested by the
secretary OF each such road. subject u ali
the covenants. terms ana conditions mere
in mentioned: and IL said written accept
anee be not filed within said time, this
ordinance shall be void.
Section L. This ordinance shall take ef-
passage and approval. IL approved by the
mayor, otherwise II shall take enect at the
time II shall become a law under the pro-
visions of the city charter.
-. 1885 and signed by me in open
session In Authorization of its passage
this - day OF -. 1898.
President OF the City Council.
Approved by me this - day Of -.
1885.