The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1906-10-03

said city a good and sufficient bond as
required in section II Of this ordin-
ance. provided that nothing herein
contained shall affect the right Of the
grantee. its successors or assigns, 10
mortgage or bond the privileges here
in granted or the property composing
any system of railway constructed by
it under the terms of this ordinance
without permission Of the City Council
or the filing of such statement, but III
case of a sale or foreclosure under such
! mortgage or bond, the purchaser shall
| file with the said city clerk a declara-
ton OF ownership and give a bond as
herein required, within three months
after entering into possession under
such sale, and unless such declaration
of ownership and said bond are filed
as herein provided, the privilege and
franchise herein granted as to him
shall become and be null and void, and
this ordinance shall be abandoned or
not used continuously in the operation
or Its railway system, such track may
be removed by action of the City Coun-
ell from such street.
Section 21.-In moving freight cars
over the lines of the grantee within the
city limits the cars shall be so man.
aged as not to stand upon the streets
of the streets except so far as may pc
necessary in the ordinary operation of
the cars, and freight shall not De
loaded or unloaded from said cars on
the street except as permission is
granted by the City Council. The
grantee it's successor or assigns. shall
not build under this ordinance any
platform or other structure in any
street or alley except by permission of
the City Council of said city.
Section 22.-All motor cars operated
by the grantee shall be equipped with
the latest safety appliances, and no
ears shall ever he operated by steam
. over said lines of railway, or any part
thereof. except during the construction
thereof.
Section 23.--The grantee shall. at all
times during the period for which this
franchise Is granted, make the City of
North Yakima its permanent head
quarters. both for shops and offices.
Section 24.-The grantee is hereby
granted the right to string telephone
wire on the poles erected under this
ordinance to be used in the operation
pany or companies running over it's
lines. under Il mutual agreement with
the grantee and such company, and the
further right is also granted the
grantee to connect with any and all
| tracks of any other company con-
structing railway lines within the City
| of North Yakima.
Section 25.-Whenever any person
| has obtained permission of the proper
authorities of the City of North Yaki-
| ma to use any of the streets of the city
occupied by the tracks or the grantee.
| for the purpose of moving any build
| ing, the said grantee. its successors or
| assigns. upon receiving sixty hours no.
tice from such person. shall raise or
| remove any of said wires which may
obstruct the removal of said building
so as to allow the free and unob-
structed passage or the same. Such
| notice shall be in writing and served
upon the president. secretary or man
ager of said company by any person
competent to be a witness in a civil ac-
| ton under the laws of the state of
Washington, and in case the said
fail to remove said wires upon serv-
| ice OF such notice, the street commits
sioner shall remove such wires at the
expense of said grantee or its sue
aforesaid. provided that no building
shall be moved parallel with the tracks
OF said company on any street for a
distance of more than one block unless
| otherwise authorized by the City
Council. and provided further that such
building shall be moved with due dill
gence and so as to obstruct the use OF
the tracks and the operation of the
structed under the terms of this ordin-
ance as little as practicable
Section 26.-If the grantee, after the
Of said railway. either within within OF" or wi WITH.
out the city limits, shall be delayed in
the construction thereof by the act OF
God or any labor strike. inability to
construction. equipment and opera
ton of said railway after due diligence
| on the part of the grantee 10 obtain
the same, or shall be delayed by or on
account of any matter or thing over
which the grantee shall have no con-
troll. the time OF such delay shall not
be considered as within the time limits
herein defined, but the time of such
delay shall be added to the time herein
designated for the doing and perform
ing Of any act or thing to be done and
performed by the grantee under the
terms of this ordinance.
Section 27.-This ordinance shall
| take effect and be in force from and
after five days after the date of its
publication.
Passed by the City Council the LIST
day of October, 1906.
| WALTER J. REED,
Attest: ]. c. BROKER, Mayor.
| Clkv Nlarlr