The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1906-05-09

ration on or before the first day of
July, 1908. except as herein other
wise provided.
Subd. 6.-Unless the grantee.
within the time above specified, shall
file said acceptance of this franchise
and deliver to the City Clerk said GER
tilted check and SHALL within twelve
months after the acceptance of this
franchise, commence i'm good faith
the construction of said railroads and
shall have said railroads, to the ex-
tent of at least two miles within the
corporate limits completed and in
operation on or before July st. 1908,
then this ordinance and franchise
and the rights granted Hereunder
shall be null and void, except as here
in otherwise provided.
Subd. before commencing the
work of constructing said railroad
within the city, the grantee shall
cause to he executed and delivered 10
the city in a good and sufficient bond
in the sum of ten thousand dollars
$50, 000.0O) issued by some good
solvent bonding company to be APP
proved by the City Council condi-
toned that the said grantee will pro-
tect and save the city harmless from
any and all loss, damage or liability
which it may suffer or incur on ac-
count of or by reason of any negli-
gencc on the part of said grantee, or
his servants or agents, in the excaya-i
ton or obstruction of any street. alley
or thorouGffare in said city in the
construction of said railroad, and TO
indemnify the city against any ex-
pense which it may be put to in re-
placing said streets and thorough
fares in as good condition after tho
building of said railroad as they were
IL iol thereto. The city shall tc'a3 Ia
TO said grantee said certified chez ~
five thousand dollars ($50G ~
shuVe mentioned, as soon as ne Saai'
have completed and have in operation
two miles of track within said city.
Subd s. The grantee may operate
said railroads within the corporate
limits by any power except steam,
but steam power may be used in the
construction and operation thereof
not later than July LIST, 1906.
Subd g. In the construction and
operation of said railroads in the
city, the grantee may erect and main
tain all necessary poles and cross and
trolley wires for power transmission
and use of electric power in the usual
manner of constructing electric rail
roads, or may use underground wires
or cables, or any other motive power
except steam; and, if poles are used
the same are to be placed on opposite
nf CITY in iIf.h n
not to obstruct the ordinary travel
thereon. All proper and usual appli-
ances shall be used to render the use
of electricity safe when used or trans
mitted for power.
Subd. 10. Either single or double
track construction may be used, and
suitable passing tracks may be laid
where necessary. All tracks within
the city are to be laid as near the
center of the street as possible, ex-
cept where permission is given BY The
city council to lay said tracks else
whore in said streets.
Subd. IL The grantee, in build
Ing said railroads within the city snail
conform TO the street grades estab
lished by the city, and shall lay all
tracks with the tops flush with the
surface OF the street, and sAaii leave
ali streets in as good condition as lie
finds them.
Subd - The city engineer, upon
receiving notice from the grantee that
a railroad is about 10 be built lpon
any street in the city, such as have
not been forfeited under the provis-
ions of this ordinance, shall immed-
lately establish a grade upon such
street, ii one has not already been es-
tablished.
Subd. 13. No greater fare or toll
for the carriage Of any person be-
tween two points OH said railroad
within The limits OF the city as now
CONSTRUCTED shall be charged than
five cents for one continuous passage,
and suitable transfers from any line
Of sad railroad 10 its connecting
continuation within said limits shall
he provided without extra chdrse.
Subd. II. The rights, privileges
and franchise herein granted shall
continue for period of fifty years
from and after the date when this
ordinance shall take effect, unless
sooner forfeited on account Of failure
/ terms and conditions on which the
rights, privileges and franchises here
are granted.
Subd. Is. In connection with The
railroads to be built under this ran
chise within the city limits, tie
grantee intending to build, equip and
operate system of suburban tail
roads coming into the city of North
Yakima, is h ~ by granted the r.sht
to run and operate the cars. motors
and equipments of such roads or sys-
TENS through said city on the tracks
OF said railroad to be built therein
Not less than ten miles of such sub
urban railroad shall be constructed
and in operation for the carriage OF
freight and passengers on or before
January 1st, 1910, but the franchise
may at any time extend said lines be
yond said distance above specified.
and may build at any time other addi-
tional suburban lines, and run the
rolling stock thereof over the said
city lines of railroad
Suhd 16 If the p-rantae after tho !