The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1910-01-26

be suffered by any person or persons
by reason of any defective eonstruc-
tion or maintenance or improper oc-
cupation of said right of way. or by
reason of the negligent operation by
said grantee, its successors and as
signs of their cars over the right of
way hereinbefore described, and in
case suit or action is commenced
against said city for damages arising
out of or by reason of such defective
construction or maintenance or inn
proper occupation of or negligent
operation said grantee. its success
ors or assigns, will upon notice to
them, or either of them, of the COM
mencement of said action, defend the
same at their sole cost and expense,
and in case Judgment shall be rem
dered against the city of Wenatchee
in such suit or action, will fully sat-
isfy said judgment within 80 days
after the said suit or action shall
have been finally determined, If de-
termined adversely to said city.
Sec. Z. That if any dispute shall
at an ytime arise between the said
grantee, its successors and assigns
and Its or their employees as to any
matter of employment or wages, such
dispute shall be submitted to arbi-
tration. The grantee, its successors
and assigns, and their employees, shall
be parties to any submission and shall
be entitled to be heard by the arbi-
traitors, and any award when made,
shall be binding and conclusive for
the period of one year from it's date,
upon the grantee, it's successors and
assigns, and upon their employees.
Sec. 8. In addition to the security
otherwise provided by this ordinance,
said grantee, its successors or as
signs, shall file with the city comp
troller, at the time of the filing of
its acceptance of this franchise, a
bond running to the city of Wenat-
chez, with a good and sufficient sur
ETY. corporation as surety to be ap-
proved by the mayor and city council
in the sum of $1,000 conditioned that
said grantee, it's successors or as
signs, shall construct or otherwise ac-
quire and put into operation in good
faith the said line or railway over the
route for which franchise is hereby
granted within the several times and
on the conditions prescribed in this
ordinance, and on any breach of said
bond said full sum of one thousand
dollars ($1, 000) shall be forfeited to
and absolutely recoverable by the city
of Wenatchee against the principal
and surety on said bond; provided
that it shall be the duty of the may
or of said city to release said bond
whenever all of said line shall have
been constructed and the operation
thereof begun in good faith within the
several times and in accordance with
the requirements of this ordinance !;
and provided, further, that no suit,
action or other proceeding shall be
brought to enforce any liability on
said bond unless commenced within
three CD years from and after the
date thereof.
Sec g. That none of the tracks
| hereinabove described shall be used
| as dead tracks nor for the standing
of cars thereon but shall be used only
and wholly for the operation of cars
| Sec. 10. This franchise and the
rights herein granted may be assign
ed or mortgaged; but no such assign
ment or mortgage shall be valid unit
a copy thereof has been filed in the
Office of the city clerk.
Sec. IL This ordinance shall take
effect and be in force from and after
/ its passage by the council and ap'
proval by the mayor and from and
after it's publication once in the of
| fetal newspaper for said city of We
natchee. 9