Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1901-11-14

cut, or cause to be cut, in the manner
usual in such cases, the rails Of his or
their tracks, to the end that such person
or corporation may have the proper rail-
way crossing Herewith. at the expense
Of the party requiring such crossings.
SEC. 10. And provided further, that
in all cases the ssid grantee, his associ.
ates, successors and assigns shall keep
and hold the City Of Aberdeen free, clear
and harmless from damages resulting
from the building Of the road pcrsuant to
the provisions Of this franchise, and from
damages resulting from the operation
thereof, and to that end shall make, exc
cute and deliver to the said City Of Aber-
deem at the time OF the acceptance Of this
ordinance good and sufficient bond in
the penal sum OF five thousand dollars
$4,000 conditioned that he. the said
Samuel Benn, his associates, successors
and assigns will, and by virtue thereof
do, hold the said City of Aberdeen safe
and harmless against said damages; and
in case of the assignment OF the righte,
privileges and franchises hereby granted,
then and in that event all the PROVISIONS
hereby made shall apply to such assignee,
and like bond shall be executed by
such assignee before such assignment
shall be and become cffectual for any
purpose.
SEC. II. That nothing herein shall be
construed as reinquishing the City OF
Aberleen's right to require any and all
over head ct 'uciures % be removed, and
corresponding means of operating the
railway to Ike placed under ground; nor
as relinquishing the said City OF Abei-
deems right to the free use and authority
of and over the streets, or any part of
them. herein designated.
Sec. ~. In case any persons or cor.
poration shall, during the term OF this
franchise, desire to use any OF the streets
mentioned in this ordinance for the re-
fnoval Of buildings, the said grantee here.
in, his associates, successors and assigns
shall, upon twenty-four hours notice
thereof, remove or raise its wires or APP
pliances go as TO permit the use Of such
street or streets therefor; provided that
in no case shall he or they be required to
raise or remove more than (300) three
hundred feet OF such wire or appliances
at any one time for such use. All expen.
SEES OF such raising and removal to be paid
by the grantees hereof and sucl, removal
must be done between twelve o'clock at
night and ak o'clock in the morning.
SEC. IS. That in case the said grantees,
his associates, successors and assigns
shall fail to keep and maintain all and
singular the provisions Of this ordinance
by him or them to be kept and main
tanned, or in case the said grantee, his
associates, SUCCESSORS and assigns shall
fail to operate the said road in the due
course OF business, when built, for the
period Of 30 consecutive days. then and
in such case or cases, or either of them,
the City Council Of the City Of Aberdeen
may declare this franchise ut an end and
all the rights, privileges and franchises
hereby granted forfeited and held for
nothing; this provision to apply only
within tho city limits.
SEC. IA. THE City Of Aberdeen re-
serves the right to regulate the speed at
which cars may be run thereon; provided
however, that such regulations be made
with due regard to all reasonable regula-
tons made in relation thereto by the said
Samuel Benn, his associates, successors
and assigns, and require a service COM
mensurate with tho demands OF travel.
Sec. IL. The said Samuel Benn, his
associates, successors and assigns shall
be deemed to have abandoned all rights
and privileges conferred by this ordinance,
unless they shall within one month from
the passage thereof file in the Office Of
the City Clerk their written acceptance
Of the rights aud privileges hereby con-
terred, subject to the terms and condi'
tons herein contained.
SEC. III. failure on the part OF the
said Samuel Benn, his associates, cue.
cessors and assigns to comply with the
provisions Of this ordinance requiring the
commencement, construction and opera
ton at the time and in the manner here
inbefore designated and provided, shall
at the option OF the Council Of said city
work forfeiture OF the rights and priv.
leges hereby conferred.
SEC. II. All the rights and privileges
hereby conferred shall expire at the end
Of fifty years from the date this ordinance
shall take effect provided, that nothing
In this ordinance shall b. SO construed AT
to prevent the City Council Of the City
Of Aberdeen from passing all ordinances
and resolutions necessary for the protec'
ton Of the city and to carry out the spirit
and provisions Of the foregoing ordinance
or franchise.
SEC. 10. Provided, that within twelve
months after the above stated line from
the junction of f and Heron Streets, In
| Abordao,~ IN Aor,,;u m oho1l ho Cnrn Mat.