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

An Ordinance granting unto David Z.
Gould of the iCty of Boston, Mas
sachusetts, and to his heirs, success
sors and assigns, the right, privi-
lege and franchise of building, con-
structing, maintaining and operat
ing upon the streets, thoroughfares
and public places of the city of
North Yakima, Washington, a sys-
tenn of railroads wherein to trans
port passengers, freight, mail, bag
gage and express, and to charge
and receive tolls therefor.
The City Council of the City of
North Yakima do ordain as follows:
Section THAT there be and is
hereby granted unto David E. Gould,
his heirs, successors and assigns
(who shall be hereinafter referred to
as the "GranteeD, the right, privi
lege and franchise of entering upon
building, maintaining and operating
in and upon the streets, thorough
fares and public places of the City of
North Yakima, Washington, mu-
n.cipal corporation (Which shall
hereinafter be referred to as the
"City", a system of surface rail-
roads. of standard gauge, and to car
ny and transport upon said railroads
passengers, freight. mail, baggage
and express and to charge and re-
ceive rentals, tolls and compensation
therefor, in accordance with and sub
ject to the grants, terms, conditions,
rnS ct,,io in,,c 1,apnin-
after set forth, to-wit:
Subd. 1.-The grantee shall have
the right to build and operate said
railroads upon all streets, avenues
and public places within said city,
except upon NatcheZ avenue, and the
right to cross said Natchez avenne,
ana he right TO cross said Natchez
avenue with tracks wherever neces-
sary, but the right to build and ope-
rate such railroad on Selah street
shall be subject to the prior right
given to the North Coast Railway
company 10 occupy portion of said
street.
Subd. 2-Within twelve months
after the acceptance OF this franchise
IN the manner as hereinafter pro-
vided, the said grantee shall, in writ
ing. designate such streets as he in
tends TO use for railroad purposes
and shall file said designation with
the City Clerk, and thereafter said
srantee shall have no rights in any
street NOT therein Designated unless
the City Council shall grant him The
right to use such Other streets. Il
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 operation
BY the first Of July, 1908. then as 10
All streets not occupied by him ans,
upon which he has failed to oonstruc.
and operate such railroads, his right
thereafter to occupy such streets for
such purpose shall not be effectuah
unless the consent of the City Council
to SO use such streets shall be first
ohtained; and if said grantee shall
fail to commence the work OF build
ing such railroads on any of such
streets as Shall be designated by him,
as provided herein, within period
of two years from the first of July,
1908, then his right thereafter to oc-
cupy such streets for such purpose
shall not be effectual unless the con-
sent of the City Council to use such
streets shall first be obtained.
Subd. 3.-If the Grantee wishes
to accept this franchise, he shall,
within ninety days from the date on
which this ordinance shall take effect
file with the City Clerk a written
acceptance of this ordinance. Pro
vided, however. that If upon appll-
cation to the County Commissioners
for a franchise to build, operate and
maintain a line of suburban railroad
to connect with the city lines, there
shall be delay in obtaining such
franchise upon fair and reasonable
terms, the time for the acceptance OF
this franchise and the further compli-
ance with the terms and conditions
and same are hereby extended for a
period of ninety days from the time
of the granting of such franchise by
the said County Commissioners.
Subd 4.-Within twelve months
after filing said acceptance, the
grantee shall in good faith commence
and continue the construction of said
/ abroad within the corporate limits
u9 said city and on or before the first
day of July, 1908, the grantee shall
have at least two miles of the same
and in operation.
Subd. 5-At the time of filing OF
his acceptance of this franchise, as
provided, the grantee
shall deliver to the city clerk a good
and sufficient check in the sum of
five thousand dollars t$5,000.00p
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 repre-
scented thereby shall be forfeited as
fixed and liquidated damages and abb
solutely belong TO the city in case the
grantee shall fail to commence, In
good faith, the construction of said
railroad or railroads of this fran