The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1903-05-12
ORDINANCE NO. A13sl.

All oIoIhamCe granting 10 Inc WASH
1ngton Water Power Company, it's
successors and assigns, the right to
haul cereals and the products of
cereals on, along and over certain
streets and street railway lines In
The City Of Spokane Is does @a ordain as
follows: -.
Section 1. That the right be and
Is hereby granted to the said The
washington Water Power Company.
construct and operate system of
electric railways, commencing at a
point on Front avenue where the
Northern Pacific tracks cross Front
avenue. thence westerly along Front
avenue to the intersection of Front
avenue and Post street. thence north
ward on Post street to the c. & C.
mills, with the right to construct
the necessary switches a, the termi-
nal points in question. for the pur-
products of cereals. On that portion
of said street where street railway
tracks are now laid no additional
rails shall be laid under this fran
chise
Sec, 2. Said railway shall be of
standard street railway gauge
The rails of said railway shall be
laid so that the tops thereon are flush
with the top of the. grade of the
street. At the intersection and
crossing of all streets it shall be the
duty OF said company to plank over
the entire surface between the rails
and one plank outside of the outside
rail for the entire width of said in
tersection. such plank shall not be
less than two inches in thickness and
shall present an even surface at the
top of the rail and shall be securely
spiked and fastened In place, and
shall be kept and maintained in good
and reasonably safe and proper con
dition by said licensee. it's Successors
or assigns. 1t shall be the duty of
the licensee to fill in all spaces en-
closed between said rails and on the
outer edge of said track with suitable
road gravel to the satisfaction of the
board of public works, so that said
gravel, when packed in place. shall be
flush with the top or said rails and
shall be so kept and maintained as
its successors or assigns. at it's and
their own proper cost and expense
Whenever the city of Spokane shall
decide to pave said street. all the
tracks, and two feet on the outside
OF each outer rail shall be paved by
said company at it's own expense. and
such paving shall be maintained in
good repair at the expense of said
company. it's successors or assigns.
Sec. 8. The right is also granted
to suspend overhead trolley wires
along said route.
Sec, 4. 1t is expressly provided
that the cars, excepting as provided
In Section hereop to be used shall
not exceed in length twenty four feet
over bumpers. and shall be of light
construction. similar to the electric
cars used on suburban travel. and
shall be equipped with electric mo-
tors similar to those used on cars
with maximum carrying capacity
of ten tons. and the speed at which
said cars are to be run shall not
exceed FIVE miles per hour. and all
street railway passenger cars and fire
department apparatus shall have the
flght-o1 way over said ears.
Sec. 5, 1t is further provided that
said parties to whom this franchise
is granted shall enter into a bond
and sufficient sureties u the sum of
ga For the prls~ction OF the city
of Spokane fronvany and all damages
which may arise from the operation
of said road
CD For the REIMBURSEMENT of said
franchise at it's expiration. provided
said bond shall be renewed every five
years. and if not so renewed this
franchise shall become absolutely
void.
Sec. 8. The right hereby granted
shall continue for period of twenty
five (25) years from the passage of
this ordinance but it shall become
null and void at any time within that
period when trackage facilities by one
or more OF the steam railroad com
panies now centered, or which may
hereafter center, in this city shall
be afforded to the milling industries
reached by said street railway line.
including the c. & c. Mills. at rate
not to exceed two dollars ($2.OO) per
car. and when such facilities and
rate are so extended and guaranteed.
the city council shall by resolution
declare that the rights afforded by
this franchise shall absolutely cease
and determine and that portion of
said line not used for the transporta-
ton of passengers under existing
franchises shall be removed from the
public streets, and IL not so removed
may be torn up by the city of Spo-
kane under the police powers of the
said city.
Sec. I. Nothing herein contained
shall be deemed or construed as a re-
linquishment by the city of any of
its rightful authority over the streets
or any part of them. The rights and
privileges herein contained are upon
the express condition that should the
said company or its successors or
assigns. neglect or refuse to exer-
else the same for period, of one
year continuously then this franchis Use
shall lapse at the option of the city
council and upon resolution passed
for that purpose.
Provided That 1t shall not lapse or
terminate If such failure to exercise
the same or any part thereof shall be
on account of the elements. strikes,
act of God or the public enemy. or
the destruction Gin whole or in part)
of the mill or mills served or to be
served hereunder or in pursuance
hereof.
Sec. s. Nothing herein contained
shall be deemed or construed as al
lowing The Washington Water Power
Company to operate or move steam
railroad freight cars on the streets
and avenues mentioned In this ordi-
nance excepting as provided in Sec
ton 2 hereoo and should said The
Washington Water Power Company.
during the existence of this franchise.
allow "A steam railroad freight car upon
said streets Excepting as provided in
Section q hcreoG such offensc shall
work a cancellation of this franchise.
and the same shall become immedi-
ately void upon resolution of the
city council declaring the same to be
void.
Sec. .. The grantee herein may.
between the. hours of . p. m. and
"A. m. haul steam railroad freight cars
over the route and for the purposes
herein designated by the use of suit
able electric locomotives.
Sec. 10. This ordinance shall take
effect and be In force ten days after
it's passage.