The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1904-09-10

middle of the street over which the
same shall pass, or il on one side,
then under the direction of the board
of public works, excepting as herein
specified.
Sec 5. At any time when the city
paves or macadamizes or otherwise
improves any street or part OF street
occupied by the tracks herein author
lied, the grantee, its successors or
assigns, shall pave or macadamize or
otherwise improve at it's or their own
cost and expense. in the same manner.
and under the direction and inspec-
ton of the board of public works, or
other proper authority of the city,
all the space between the outer rails
of the tracks, and for two feet on
the outside thereof; said work to be
completed within 80 days after the
completion of the work to be done
upon same street by the city, and
to be maintained in good repair by
said grantee, it's successors or as
signs. Should it or they fail or omit
to make such improvement and to
keep the same in reasonable good re-
pair as rerein required, the city, with,
out waving any of the terms or
conditions of this ordinance, may i'm
prove such portion Of the streets
aforesaid, and the cost thereof with
10 per cent additional, shall be charg-
ed against the grantee, it's successors
or assigns, to be recovered by any
lawful proceedings. Whenever the
city shall by ordinance change the
grade of any street occupied by
tracks constructed under this ordi-
nance, then the grantee hereunder
shall, at it's or their own cost and ex-
pense, change the track to conform
to said grade within sixty days after
receiving notice from the city street
commissioner to make such change,
and failing so to do, the city may
make such change and collect the
cost of the same with ten per cent in
addition to the cost as a penalty in
the manner provided by law.
Sec. 6. Whenever, In the con-
struction of the tracks herein au.
thorized, 1t becomes necessary to
cross the line of any street or other
railway occupying any of the streets
herein described, the grantee, it's sue
cessors or assigns, shall have the
right to lay tracks herein authorized
across such other tracks, but the
grantee, it's successors and assigns,
shall put in and maintain at it's OF
their own expense, all needful appli-
ances for the proper crossing and
for the non-interference with the mo-
tive power Of such street or other
railway Whenever the right has
heretofore been or shall hereafter be
granted by the city council to any
person or company to lay street or
other railway tracks across the
tracks owned by the grantee, it's sue
cessors or assigns, such person or
company shall be permitted to put
in whatever appliances may be nee
essary for the proper crossing and
non-interference with the motive
power of the grantee.
Sec. T. The franchise and privi-
leges herein granted shall continue
for a period of 20 years from the
date this ordinance goes into effect,
provided, however, that the grantee,
its successors or assigns, shall COM
mence work hereunder within 60 days
from the said date and shall complete
and operate the same within one
year from said date.
Sec. s. The speed at which cars
may be run upon the tracks hereby
authorized may be regulated by the
city from time to time. The rate Of
fare to be charged for passage over
any one of the separate or discon-
nected lines granted by this ordinance
shall not exceed 5 cents for one pas
senger one way. Whenever a pas
senger is required to change cars to
reach his destination on the same
line or lines, he shall be entitled to
transfer from one car of the COM
pany to the car next thereafter going
to his destination; except that
transfer shall not of right be required
transfer is demanded parallels the
line or car to which it is demanded
at a distance of not less than three
blocks away Members of the police
force and of the fire department, in
uniform, shall be carried free on the
lines granted by this ordinance Mem,
bers of the police force on duty in
citizens clothes shall likewise be car
red free under and by compliance
with the rules of the company.
Sec. 9. The grantee, it's successors
or assigns, shall accept this franchise
this ordinance by writing properly
subscribed, filed in the office of the
city clerk. 1t shall likewise execute
and deliver to the city of Spokane,
at the same time. a good and suffi-
silent bond in the sum of $4,000 90
with sureties to be approved by the
mayor, conditioned to save and hold
the city harmless from any damages
or claims for damages which may
arise by reason of the construction,
maintenance or operation of said sys-
TEN or any part thereof. Unless such
acceptance and bond shall be so filed
the rights herein conferred shall
lapse. Provided, however. that the
grantee shall save and hold the city
harmless from any and all damages
which it may suffer by reason of the
failure of the grantee TO properly
keep and maintain in repair that por-
tion of the streets contiguous to it's
tracks and within two feet on each
side thereof. over which this fran.