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

witches. or receive and land passengers,

switches. or receive and land passengers
unless in case of accident
The rates cnargeabie by said grantee. its
successors and assigns. upon empty cars
or on carload lots destined over Its line 10
or from any point or points outside OF the
City OF Seattle to merchants along the line
or tracks as above designated snail never
be greater than schedule or terminal rates
to Seattle. The said grantee. by It's ac-
agrees to deliver upon said sidetracks such
carload lots billed 10. and empty cars sies-
tined from Seattle. over their line with
that expressed above. and IN case s,f a vic-
lation on the part of said Grantee. tia
successors or assigns. OF the foregoing
Charges. the said Grantee. its su~e rseaans
or assigns, shall forfeit and nav to The
City OF Seattle the sum of one hundrasj
ton of this provision OF this franchise
which said sum may be recovered in a ci,,i;
action against the said Grantee. its SUI"
cessors and assigns. SUI
Section 6. That the City OF Seattle shan
retain the same control of the streets. ave-
nues and alleys in and across wh;cb Ssta
railways shall be laid down, as Other
streets. avenues and alleys. and shall, hava
the right at all times by general or,iinance
to regulate the speed or iooomotiyes ara
trains within the limits Of the ris.1t Of wav
herein granted s ana the maximum period
trains shall be allowed to blockade travaI
across the streets embraced in said frsn
chise. or intersecting streets. and shall
have such further control and police nowr-
ers over said right OF way as the ci.y
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
City Of Seattle from all claims, actions or
damages of every kind and description
which may accrue TO or be suffered bv anv
af
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
its railway trains over the right OF way
hsreinbefore 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. 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
sui; or action. will fully satisfy said judg-
ment within ninety t90) days after the said
suit or action shall have been finally deter
mined. If determined adversely to said
city.
Section 7. That hereafter any other rail-
way operating standard gauge railway
at Seattle, upon receiving franchise from
this city, shall have the right to the COM
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
ness Of said grantee. its successors and as
signs.
And in case the said railroad cannot
agree with the said grantee. its successors
sation to be paid for the use Of said
tracks. as aforesaid. and there be contro-
versy detrimental to public interest re-
grantee. its 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
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 use. said arbitrator shall
not assign any value to the franchise here
by granted.
Section S. 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.
J.
cessors and assigns. shall at any time. fail
or neglect for a period OF ninety 900 days
TO comply with the conditions OF this ord
nance or any OF them. or any other ordin-
ance duly passed In pursuance thereon. ft
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 occurrence.
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 defauiting.
whereupon such franchise shall determine
and cease
Section TO- The rights, privileges and
franchises hereby granted are subject 70
the right of the city council at any time
same, having due regard, however. to the
rights OF the parties and the Interests OF
the public.
Section H. In order to claim the bene-
fits OF this franchise the grantee, It's sue
cessors and assigns, shall within hfteen
days after the taking effect OF this ordin..
ance, file with the city clerk or the SAID
city. their acceptance thereof in writing'
under proper seal. executed by the presi-
dent or vice president and attested by tne
secretary Of each such road, subject 70 an
the covenants, terms and conditions mere
In mentioned: and II said written accept
ance be not fled within said time. this
ordinance shall be void.
Section L. This ordinance shall take Ell
feet and be In force from and after iis
mayor. otherwise it shall take effect at the
time 1t shall become a law under the pro-
visions OF the city charter.
Passed the City Council the - day OK
-, 1888. and signed by me In open
session in Authorization OF It's passage
this - day OF --, lsSS
President OF the City Council.