The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-04-28

First. Thar this frsrch - sh1is fs waoi-
sne grantee hereof shah have cclstrucsed.
completed and have begun In good iattn 20
operate an independent railway sue e.
10 SAID date. crossing the Columbia River
Is either bridge or ferry. -,
Second. That said track or tracks Sha.i
be constructed and maintained AZ suea e.
egatIon or elevations as the city coancsa
rray from time 10 time establish a. the
proper grade elevation for the streets ana
avenues upon and across Waica lIaas1iSc
Is hereby granted
Section / That whenever said track or
tracks shall cross or ~ crossed a. 800
by q street now constructed or hereafter
70 be constructed. said company saaH.
from tine 10 time. improve. plark OF re-
plank: pave or repase. macadamixe or re-
macadau.ixs. as the prox.mate portions OF
said street may BE- from time TO time I'M
proved. paaaked or repianked, paved or
repaved. maeadannized or renaaeadarnised.
and keep in repair ard continuously MAIN
tain at least fifteen l5t feet Of said way. At
said crossing. and whenever a double track
is constructed across said street al GRADE.
said company shall IN like manner from
time 10 time improve. pink or repiank.
pave or repave. macadamtze or TeHiacad-
anaize, keep in repair and continuously
maintain at least thirty feet or said way
across said street; such improvement
piank:ng, repianhing. paving. repaving,
nacadam!zing. renscadamizing, repair
and maintenance TO extend seven and one
half q 81 III feet on both sides Of the CEN
ter line OF such track or tracks.
Al every Travelled street intersection on
this right OF way. streets meeting and
fosming a IT, being included, AZ well as
those actually crossing. where directed by
the city Of Seattle. the Grantees hereof
pense maintain, lights OF equal power
with the lights maintained By the city
and of al least two thousand f2oo0) candle
power. and shall keep each Of sad lamps
Illuminated during the same hours OF the
night during which any street lighting
system n said city may generally be in
TAD h.f o. int
sections upon or across which other rail-
read franchises may be operated. said
grantees shall be required 10 bsar the
proportion 10 be measured by the number
or tracks owned or operated by each road
at each such Intersection.
Whenever the City Council shall by or
dinance establish as the proper grade sle-
vat.on for the roadway Of any street or
avenue crossing the track or tracks OF the
railroad 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
wings and approaches thereto. then the
said company. its successors and assigns,
shall at the same time as the city con-
structs, build and shall thereafter main
tain viaducts or overhead crossings over
such rignt or way at SUCH street cross
ings, said yiaducts or overhead crossings
10 be built at such elevations, of such ma
ter.als and in such manner as may be APP
proved by the City OF Seattle: provided
that at no time shall the elevation be less
than viii give safe clearance.
Section 3. That said grantee. its sue
cessofs ana assigns, shall allow each own
or and occupant OF the premises adjoining
and contiguous to this franchise, who shall
have received proper permit from the
Board OF Public Works. a side track con-
Meeting said Railroad with sad premises:
provided, however, that said side track
shall be constructed and kept in repair by
and at the expense of said owner or occ,l-
pant. and the same shah be subject 10 such
n to .xx1
closing of switches as said grantee may
from time TO time establish and for the
purpose OF affotding such owners and oc-
cupants Tree access 10 and from their said
premises situated on either side of said
railroad, such owners and occupants shall
nave me right TO put in and maintain
switches and railway crossings over the
tracks or said grantee. In. sucn manner as
may he reasonable. at the expense. as to
the construction and repair. of the person
desiring to use the same, and subject to
iSht ana reasonable regulations: and said
grantee, its successors and assigns shaft
nor allow locomotives or cars to stand up
on the tracks at any such crossings or al
any street crossing along said franchise
ionser than may be necessary to make
s S,is or receive and land passengers.
Inc rates chargeable by said grantee. it,
successors and assigns, upon empty cars
or on carload lots destined over its line "a
or from any point or points outside OF the
CITY OF Seattle 10 merchants along the line
or this franchise owning such .5detracks
or arae s. as above designated snail never
to Seattle. The said gyantee by its ac-
ceptanee OF this franchise expressly
agrees to deliver upon said sidetracks snch
carload lots billed to, and empty cars aies.
tined from Seattle. over their line with
cut other charge or compensation than
mat. expressed above, and IN case If vio-
iation on The part OF said Grantee. its
successors or assigns. OF the foregoing
provision III reference to switching
charges. the said Grantee it's sucr.ssore
| City of Seattle the sum of one hundred
u1n, dollars for each and every viola
tion OF this provision of this franchise
which said sum may he recovered Ia a civil
action against the said Grantee, its sue
CesSors and assigns.
Section 9. That the City of SeattIa shan
retain the same control OF the streets. ave
nues and alleys in and across which said
railways shall be laid down. as other
the right at all times by general Ordnance
10 regulate the speed or locomotives and
| trains within the limits of the right Of way
herein granted. and the maximum period
trains shall he allowed TO blockade travel
across the streets embraced in said fran
ehise, or intersecrins streets, and shall
| have such further control ard police pow
| ers over said right of way as the city
| 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 aud =
! signs, to protect and save harmless the
| tNy Of Seattle from all claisns, actions or
damages OF every kind and desrrf,,sion
/ which may accrue to or be suffered by any
| person or persons by reason OF any defer-
| tive construction or maintenance or i'm
! proper occupation OF said right of way or
| by reason OF the negligent operation by
| said grantee, It's successors and assigns of
| lis railway trains over the right of way
| hereinhefoYc described. and in case sui
/ or action is commenced against said rifs,
| Tor damages arising out OF or hy reason of
| such defective construction or fnaintenau a
| or improper occupation or or negligent op-
| GRAFTON. said grantee. its SUCCESSORS aud
| assigns, win upoi notice to IL or them of
/ tic commencement OF said action defend
| the same I'll It's or their sole cost and ex-
! perse. and in ease Judgment shall be rem
| dcred against the City OF Seattle in such
| sui; or action. Will fully satisfy said iudr-
| nent within ninety 800 days after the said
| sliit or action shall have been finally deter
! mined, If determined adversely 10 said
| city.
| Section :. That hereafter any other rail-
| way operating standard gauge railway
| Al Seattle, upon receiving a franchise from
! this city. shall have the right TO the COM
/ mon use of said tracks in the aforesa aid
| right Of way for the running OF its trains
| thereon. upon the payment 10 said grantee.
| It's successors and assigns. of such monthly
! or annual rental and compensation as may