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

10 cTOSS Salu NatCnpE avenue WIFI
tracks wherever necessary. The city
reserves the right to grant n franchise
for railroad OF any kind on Yakima
avenue; West Yakima and Selah
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 in such manner and upon such
terms and under such conditions as
said joint users of said track or tracks
may agree upon and IL they are I'M
able to agree upon the, manner in
upon the terms or conditions upon
which the same shall be used. then said
matters of difference shall be decided
by arbitrators one to be selected by
each joint user of said tracks. and II
the two arbitrators so selected shall
be unable to agree, then the two arbi-
traitors so selected shall select third
arbitrator or umpire, and the decision
of any two of said arbitrators shall he
final 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 persons or CORPORATION shall
then onerate and maintain a suburban
TdliTodu running Intb tHe city OF NJ
Yakima and extending at least ten
t0) miles from the corporate limits
OF said city. All shops, Offices and
limits Of the cit p d"ring tho 'h 1fe 'n ~,
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
I..e,t low, tt.,,, 4, l.. ,..s
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 =
ton 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
for such purpose shall not he effectun'
unless the consent of the city council
to use sue. streets shall he first OBJ
tanned: and IL 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
heretn within period OF one year
after the passage and taking effect of
this ordinance. then his right thnre-
after to occupy such streets for such
purpose shall not he cfTectuaI unless
such streets shall first he obtained.
Srbd r. ~ the "rantcc wishes to 40
cent this franchise, he shall. within
thirty days from the date on which this
ordinance shall take effect file with
the city clerk a written acceptance of
this ordinance.
Subd I. Within five months after
filing said acceptance the grantee shall
In good faith commence and continue
tho constructor of said railroads
within the corrorate limits of said
city and on or before the first day OF
the same completed and in operation.
Sec. 3. At the time of fling Of his
acceDtanCe of this franchise, as here.
in above provided, the grantee shall
deliver TO the city clerk a good and
sufficient check in 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 he forfeited as fixed aud Iigui-
dated damages and absolutely belong
to the city in case the grantee shalt
fail to commence, in 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
tn" time above specified, shall file said
acceptance of this franchise and de
liver to the city Clerk said certified
check and shall. within i've months
after the acceptance of this franchise,
commence in good faith the construc-
ton of said railroads and shall have
said railroads. to the extent OF at least
two miles. within the corporate limits
fore January LIST, 1907. then this ordi-
name" and franchise ana the rights
granted hereunder shall be null and
void.
work of constructing said railroad
within the city. the grantee shall cause
to he executed and delivered to the city
II good and sufficient bond in the sum
Of ten thousand dollars $4,000 00)
issued by some good. solvent bonding
company to be approved by the city
Council conditioned that the said
grantee viii protect and save the city
harmless from any and ali loss. dam
age or liability which II may suffer
or incur on account or by reason of any
negligence on the part of said grantee.
or his servants, or agents, in the
excavation or obstruction of any
street, alley or thoroughfare in said
city in the construction of said rail-
road and other expenses which the city
may pay or incur IN legalizing this
ord finance, The city shall return to
said grantee said certified check for
five thousand dollars ,S5 900 0Ol above
mentioned as soon as he shall have
completed and have in operation two
miles of track within said city.
Subd, \. The grantee shall operate
said railroads within the corporate linz
It's by electric or gasoline power, hut
steam power may he used in the con-
struction and operation thereof not
later than January list. 1907. and at all
times upon Scloh street
Subd, .. In the construction and
operation of said railroads in the city,
the grantee shall erect and maintain
all necessary poles and cross and troll
lev wires for power transmission and
use of electric mower in the usual man
ner of constructing electric railroads,
or may use underground wires or
cables, and IL poles are used, the same
shall be placed on opposite sides of
streets at curb lines in such n manner
MS not to obstrict the ordinary travel
thereon. only iron poles shall he used
on Nakimq avenue. All proper and
usual appliances shall he used to rem
der the use Of electricity safe when
used or transmitted for power.
Suhd,10. ONLY single track construc-
l..t 4 e