The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1905-07-19

upon Natchez avenue. and the right
to cross said Natchez avenue with
tracks wherever necessary The city
for a railroad OF any kind on Yakima
avenue, West Yakima and Seiah
street In said city to any other person
or persons or corporation at any time
II So desires. and the grantee herein
shall permit such other person or per-
sons or corporation to which such fran
chise is granted to use jointly with
the grantee herein any track or tracks
constructed on said streets, or any of
them i'll such manner and upon such
terms and under such conditions as
said joint users of said track or tracks
may agree upon and If they are un-
able to agree upon the manner i'm
which said tracks shall he used, or
upon the terms or conditions upon
which the same shall be used. then said
matters of difference shall be decided
by arhitrators one TO be selected by
each joint user of said tracks. and IL
the two arbitrators SO selected shall
he unable to agree, then the two arbi-
traitors so selected shall select u third
arbitrator or umpire. and the decision
of any two of said arbitrators shall he
tinal and binding upon both parties to
said arbitration, and said arbitration
shall he conducted under the laws of
the state of Washington on the subject
of arbitration. Provided that said city
shall not have the right to grant such
franchise to any such other person or
persons or corporation unless such per-
son or ncrsons or CORPORATION shall
then onerate and mairtain suburban
railroad running into the city of n
Yakima. and extending at least ten
tin) miles from the corporate limits
Of said city, Al shops, Offices and
limits of the city during the life of
this franchise.
Subd. =. Within three months after
his acceptance of this franchise in the
manner as hereinafter provided. the
said grantee shall, in writing. desig
nate such streets as he intends to use
for railroad purposes and shall file said
designation with the city clerk and
thereafter said grantee shall have no
rights in any street not therein desig-
mated unless the City Council shall
grant him the right to use such other
streets. If the said grantee fails to
construct the railroads within the city
herein mentioned. or at least two miles
Of them. and have the same in opera
tion by the first of January. 1907. then
as to all streets not occupied by him
and upon which he has failed to con-
struct and operate such railroads. his
right thereafter to occupy such streets
for such purpose shall not he effectua'.
unless the consent of the city council
tanned. and If the said grantee shall
fail to commence the work of building
such railroads on any of such streets as
shall be DESIGNATED by him, as provided
herein. within n period at one year
after the passage and taking effect of
this ordinance. then his right thore
after to occupy such streets for such
nurpose shall not he effectua, unless
the consent of the City Council to use
such streets shall first be obtained.
Suhd :. " TIVE ~rantee wishes 7" n"-
cent this franchise. he shall. within
thirty days from the date on which this
ordinance shall take effect file with
the city clerk Il written acceptance of
this ordinance.
Subd T. Within five months after
filing said acceptance. the grantee shall
in good faith commence and continue
the construc.on Of said railroads
within the corporate limits of said
city and on or before the first day of
January. 1907. the grantee shall have
the same completed and in operation.
Sec. ). At the time of fling of his
acceptance of this franchise. as here
in above provided, the grantee shall
deliver to the city clerk good and
sufficient check i'm the sum of five
thousand dollars ($5.OOO) payable
TO the city treasurer of said city, duly
certified by some solvent bank of said
city of North Yakima, which check
and the money represented thereby
shall be forfeited rs fixed and liqui-
dated damages and absolutely belong
TO the city in case the grantee shall
fail to commence. i'm good faith, the
construction of said railroad or
railroads within the city within five
months after such acceptance of this
franchise or in case the grantee fails
to have said railroads to the extent
of at least two miles, within said
corporate limits, completed and in
operation on or before the first day
of January. 1907.
Subd. 6, Unless the grantee, within
the time above specified. shall file said
acceptance of this franchise and de-
S.li .ar n
check and shall. within five months
after the acceptance of this franchise.
commence in good faith the construc-
tion of said railroads and shall have
said railroads, to the extent of at least
two miles, within the corporate limits
completed and in operation on or be-
fore january LIST. 1900 then this ordi-
nance and franchise and the rights
granted hereunder shall be null and
void.
Subd . Before commencing the
work of constructing said railroad
within the city, the grantee shall cause
To be executed and delivered to the city
good and sufficient bond in the sum
OF ten thousand dollars CS10.u00.00)
/ issued hY some good. solvent binding
company To be approved by the City
Council conditioned that the said
grantee viii protect ana save the city
harmless from any and all loss. dam
age or liability which it may suffer
or incur on account or by reason of any
negligence on the part of said grantee.
/ eNcnvation or obstruction Of any
street. alley or thoroughfare in said
city. in Che construction Of said rail
I road and other expenses which the city
4 may pay or incnr in legalizing this
/ ordinance. Tie city shall return 10
said grantee said certified check for
hvc thousand dollars f$5.00o.o0 above
mentioned as soon as he shall have
completed ana have in operation two
miles of track within said city
Sghd. s. The grantee shall operate
said railroads within the corporate linz
its lbs electric or gasoline mower hut
steam power max ne used ia the con-
/ strnction and operation thereof not
later than january : ST. 1907, ana at all
times upon Selah street
Suhd y. Ia TIE construction and
operation vi slid railroads i'm the city
Tue grtntee snail erect ana maintain
All necessary poles ana closs and troll
ltv wires for power transmission and
use of eieo tlie rowcr in the usual man-
ncr IF eon-fruc ne electric railroads
ON mav ufe underground wires ~
r9fios aud # Uol.s are used. the same
sh9ll BOG uineed 0n opposite sides ~
streets af rh Zines IN such manner
AS RIOT ta ehstrWot the ordinary travel
Thereon only iron poles slall he used
A on }tifWQ avenue. All proper amd
ft=fsi nrrtLtncH< Sh4t1 ir used to rar-