Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1909-09-09

Inem seem most suitable, SUBJECT TO
the reasonable control and regula-
ton of the said Town. And the said
town reserves the right to grant to
any other railroad or railway COM
pany constructing Il standard gauge
railroad in the said town, and en-
gage as a common carrier of freight
and passengers. the privilege to cross
the track or tracks herein authorized
provided such crossing shall always
be subject to such reasonable rules
and regulations as may be consider
ed proper, and provided such cross
! ing shall not interfere with or i'm
pede the transaction or dispatch of
business of the grantee herein. its
successors and assigns, and provided
| further that all such crossings shall
be grade or overhead crossings.
Section 7. That the said grantee,
its successors and assigns. will pro-
tect and save harmless the said Town
| from all claims, actions or damages
of every kind and description which
may accrue to or be suffered by any
| person or persons by reason of any
defective construction or maintain
ence of the tracks herein authorized,
or by reason of the negligent opera
ton by the said grantee, its success
sors or assigns. of its or their rail-
way trains over and upon the track
or tracks herein authorized. and in
case any suit or action shall be be-
gun against the said town for dam
ages arising out of or by reason of
such defective construction. or main
tenance, or negligence. said grantee,
it's successors or assigns shall, upon
notice to it or them of the commence
ment of such suit or action, defend
the same at it's or their own proper
costs and expense, and in case judg-
ment shall be rendered against said
town in such action or suit, it or
they shall fully SATISFY said judgment
within ninety days after such action
or suit shall have been finally de-
termined, if determined adversely to
the said town.
Section s. That the rights and
privileges granted by this ordinan-
ance shall be assignable by the said
grantee, it's successors or assigns, as
it or they may see fit, either as an
entirety or as respects any one or
more of the tracks or parts of tracks
embraced within the scope of this
grant; and any and all tracks hereby
authorized to be laid down in the
said streets, alleys and highways,a and
any and all wires and other appur-
tenances hereby authorized to be
placed upon said streets, alleys or
highways, may be used by any other
railroad company or person in such
manner and way as may be author
lied by the grantee herein, it's sue
cessOrs and assigns.
Section 9. That unless stopped or
delayed by some unusual proceeding
or restraining order in procuring or
using its right of way, or any part
thereof. or in construction or opera
ton of any part Of this road, or un-
less delayed by any unusual or eX-
traOrdinarY occurrences, or storms,
or freshets, or other like delays, or
by strikes, lockouts or labor dis
turbances. said Railway Company,
its successors or assigns, shall have
continuous line of standard gauge
railroad constructed and ready for
operation within one year from the
date hereof from the said Town of
COSmOpolis easterly to rail connec-
tons at or near Puget Sound, with
either a transcontinental railroad, or
with a railroad having transconti-
mental connections, otherwise this
franchise shall be null and void
Section 10. In order to claim the
benefits of this franchise the said
grantee, it's successors or assigns,
shall within sixty days after the talk
ing effect of this ordinance, file with
the Town Clerk of the Town of Cos
thereof in writing, executed by its
President or Vice President and at
tested by the Secretary; and if said
written acceptance be not filed with
in said time this ordinance shall be
null and void, and all rights herein
granted shall terminate and cease.
Section II. The rights and privi-
leges hereby given and granted are
so given and granted upon condition
that the said grantee, its successors
and assigns, shall and do within six
60 months from the passage and
legal publication of this ordinance,
grade all that portion of Second
street in the said town from the
Easterly side of ''B" street Westerly
to the Westerly side Of "J' street, |
which is not included within the
franchise rights heretofore given and
granted to the said grantee, its sue
cessors or assigns, such grading to
be done by such filling or eXcavat-
ing in the said street with or of
earth as shall bring the said por-
ton of said street to the establish
ed grade thereof. But, however. this
provision does not mean or contem- |
plate that the said grantee, its sue
cessors or assigns, shall gravel or
in any wise pave the said street or
any portion thereof. outside of the
franchise rights heretofore given to
the said grantee, its successors or
assigns, and this ordinance shall not
be construed as relieving the said |
grantee. its successors or assigns, |
from grading and planking the said |
right of way on said Second street
heretofore granted to the said gran
tee. its successors or assigns, in the
manner provided in the ordinance
giving such privileges.
The rights and privileges hereby