The Ellensburg dawn. [volume] (Ellensburg, Wash.) 1898-1914, 1911-05-18

flf Ili-N neneNcr the railway to be
constructed upon, along and across the
aforesaid roads and streets shall cross
ntersecting public or private roads, said
| Grantee, his successors assigns, shall
! forthwith, upon the laying of the tracks
| of said railway, across said interscctinG
roads, cause the said railway tracks to
be planked between the rails thereof and
for twelve inches on the outer side of
each rail level with the tops of the rails
and thereafter perpetually maintain the
said crossings in such condition.
SINrIi-The railway to be constructed
| hereunder shall be of standard gauge;
| the tracks thereof shall conform to the
grade of the said public roads and streets
a" nearly as possible; and the same shall
be so constructed as to interfere as little
as possible with the other public uses of
the said roads and streets; and where the
tracks of said railway shall cross any
public roads or streets the same shall
manner as to obstruct the crossing of
| vehicles as little as possible.
| SENENTIi-lf at any time the grade
| of said roads or streets. or any thereof.
shall be changed by authority of law, said
! Grantee, his successors or assigns, shall
within thirty days after notice from the
proper public authority SO to do, change
the grade of the said railway so as to
conform to the grade of the said public
roads streets as the same may be
changed if such change will not cause a
grade of more than per cent, two per
cent for the said railway at or near said
point.
ElGllTll-Said Grantee, his successors
or assigns shall keep the road bed and
right of-waN of said railway properly
drained SO that water viii not collect OF
stand in the public roads as the result |
OF the construction or maintenance of
said railway; ana said Grantee shall also
protect and save harmless kittitas Coun-
ty. Washington of ana from all damages |
and claims from damage occasoncd 10y |
defective construction, maintenance OF |
operation, or by reason of negligence of
said Grantee. his agents or employees, in
the construction, maintenance or opera
tion of the said railway
NlNrII-All bridges or culVcrts to he
crossed ami all conduits and fumes nee
cssary To the use of said railway OF
which may be necessary to the use OF
said railway in caring for proper drain
age as the same is accustomed to flow,
shall bc maintained ana kept in good
repair by the Grantee his successors OF
assigns.
TENTII-rhe jurisdiction of Kittitas
County. Washington. through its board
OF County Commissioners, over the whole
OF said described public roads and streets
subject only to the rights of the Grantee.
his successors or assigns. to construct.
equip. maintain and operate said railway
system thereon in the manner herein
provided for, is hereby recognized and
reserved.
ELENENTH-The cars to be operated
on said system shall be of approved pat
tern and the same shall be arranged foI
the comfort OF passengers and provided
with proper brakes to prevent accidents.
TWELFTH-In the event the Grantee.
his successors or assigns. desires to de-
part from the rights of-way herein
granted at any point along said roads OF
streets he or they may do 50. and he OF
they shall have the right to return with
in the said roads or streets at any other
point and hold and enjoy the rights here
in granted the same as if said rights-of
way were used throughout the fulI
length of said roads or streets.
THIRTEENTII-The passenger fare
charged by Grantee upon said railway
system shall never exceed five 90 cents
per mile for a continuous ride one way.
provided the Grantee may charge the
minimum fare of five cents for any frac-
tional part of mile for a continuous
ride one way.
FOCRTEENTH-The Grantee shall
file his written acceptance of this fran
chisc with the County Auditor of kitu-
tas County Washington. within sixty |
900 days of the adoption and passage of
this resolution and order.
FIFTEENTH-Said railway system
shall be operated as a common carrier of
passengers and freight according to the
usual custom of electric or motor rail-
ways and said Grantee shall have the
right to establish and take uniform |
passenger toll or fare for the carriage OF
passengers over. along or across said |
route or any part thereof. and charge |
and collect a toll for the carrying of |
freight In addition to the carriage OF !,
passengers and freight said railway may |
carry on and conduct any other business |
commonly carried on by common car
riers or electric companies.
SIXTEENTT-Said Grantee may con-
struct maintain and equip telephone
and telegraph line along the routes OF ,
said railway and he may also construct |
equip and maintain lines for the carry |
ing of electric current for power and
light to be sold the general public both
for domestic and commercial purposes.
SFVENTEE,NTH-Th Grantee shall
commence work within ninety days after
the date of the acceptance of this iran
chisc. and surveying and locating sad
line shall be considered as a part OF the
construction work of said railway system
which shall be completed as follows, to-
wit: From he City of Gle Elum to tn"
| CITY of Roslyn within one year from the
date of the acceptance of this franchise'
| from the City of RoslYn to the southerlN
| end of Lake Gle Elum. and from the CITY
| nf Gle Elum to Milwaukee Avenue, south
| Gle E.lum within two years from said
| date of acceptance and upon any or all
| other roads and streets herein described
| within three years from said date OF a'-
| ceptanco. Within three years of the date
| of the acceptance of this franchise SAID