The Kennewick courier-reporter. [volume] (Kennewick, Wash.) 1914-1938, 1934-12-20

lance of 1854 feet to a point.
said point being ten feet northerly
measured at right angles from the
south line of Railroad avenue:
thence southeasterly parallel to and
ten feet northerly from said south
line of Railroad Avenue a distance
of 276 feet to point.
Section 2. That there be, and is
hereby granted to said Oregon
Washington Railroad & Navigation
company, a corporation, its sue
cessors and assigns, subject to the
terms and provisions contained in
this ordinance, a franchise to con-
struct, maintain, use and operate
a railroad industrial spur track in,
upon and along said Railroad Ave-
nue., upon and across said Benton
Street North and Washington
Street North, and in, upon and
along Avenue B East, to a point
therein on the east line OF Moore's
First Addition, in the City of Ken
newlck, Washington, the center
line of said track being more par
ticularly described as follows: Ex-
tending from the easterly terminal
point of the center line of existing
track described in Section 1 of this
ordinance, thence easterly upon
and along said Railroad Avenue
10 feet northerly from and paral-
lei with the south line Of said
street a distance of 1862 feet to a
point, thence along the arc of a
curve to the right having radius
! of 441.684 feet, a distance of 1875
feet to a point, thence along the
arc of curve to the left having a
radius of 380.543 feet, a distance
of 1876 feet to point, thence north
80 degrees SO minutes east, q dis
lance of 1913 feet, the length of
the track described in this Section
2, measured along the center line
thereof, being 1190 feet, more or
less.
Section 8. Said Railroad Com
pany, its successors and assigns,
shall have the right and be privi-
legged to operate upon said tracks
described in Section 1 and 2 here
of, with railroad engines, trains
and cars propelled by steam, cleo
tricity or other motive power.
Section 4. The tracks hereinbe-
fore described shall be so located
and constructed that the tops of
the rails thereof shall be at the es-
tablished grade of the streets
wherein they are located, and or
at such grade as may be hereafter
established.
Section 5. During the continu-
ance of the franchise hereby grant
ed, said Oregon Washington Rail-
road & Navigation Company, its
successors and assigns, shall keep
those portions of the streets occu-
pied by said tracks between the
rails of said tracks and for eigh-
teen (18) inches outside Of each
rail, in good order, and if and when
required by the City Council so to
do, said Railroad Company shall
pave or otherwise surface the area
between said rails and for eigh-
teen (18) inches outside of each
rail, with material of the same
kind as that with which the re-
mainder of said streets so occu-
pied shall be paved or surfaced.
Section 6. Nothing contained in
this ordinance, nor any right, priv
ilege or franchise granted hereun-
der, shall be construed to prevent
the municipal authorities of the
city of Kennewick from sewering,
grading. paving, or improving any
of the streets upon or over which
the tracks hereinbefore mentioned
shall pass, and said City reserves
the right so to do. The City also
reserves the right to construct
street crossings and sidewalks
across any of said tracks as the
Council of said City may from time
to time determine.
Section z. Said Railroad Com
pany shall operate its engines, cars
and trains within the corporate
limits of the City of Kennewick
under such reasonable rules and
regulations as to speed and as to
sanitary conditions as the City
Council may from time to time pro-
vide, and in such manner as not
to impede ordinary traffic or SUBJ
ject the public to unnecessary de-
lay or inconvenience.
Section 8. Said Oregon-Wash-
AlS VII MILL OdQ " 4N6VlKaLlOu
Company, its successors and as
signs, shall permit the use of said
spur track by any other common
carrier railroad company for the
purpose of delivering cars or of
shipping out cars to be loaded or
unloaded upon or along said spur
tracks; provided, however, said
Oregon Washington Railroad &
Navigation Company, its success
ors and assigns, shall be entitled
to reasonable compensation from
such other railroad company for
the privilege of so doing, and such
railroad company shall be required
to bear a reasonable share Of the
expense of maintaining and oper-
ating said track; and the switch
ing of cars to, from and upon said
tracks shall be subject to the law
full tariff charges of the railroad
company or companies involved.
Section 9. Failure by Oregon
Washington Railroad & Navigation
Company, it's successors or assigns,
to comply within a reasonable time
with any of the provisions or con-
ditions contained in this ordinance