The Kennewick courier-reporter. [volume] (Kennewick, Wash.) 1939-1949, 1940-10-17

times for the price of four.
1!ege or franchise granted hereunde,
snail be construed to prevent the
municipal authorities of the CITY
OF kennewick from sewering. grad.
ing paving or improving any of the
street or streets upon or over which
the track hereinbefore mentioned
snail pass, and the said CITY reserves
the right so to do. The Citv alsr
reserves the right to construct q
street crossing and sidewalk across
SAID spur track as the City Council
snail from time to time determine
section 6. Said Railway COMPANY
snail operate its engines, cars and
trains within the corporate limits of
1he City of Kennewick under such
reasonable rules and regulations as
10 speed and as to sanitary condi-
IONS as the City Council NAV from
Time to time provide and in such
manner as not to impede ordinary
Traffic or subject the public to un-
necessary delay or Inconvenience.
Section z. The Northern Pacific
halfway Company it's successors and
assigns shall permit the use of said
spur track by any other common
carrier railroad company for the
purpose of delivering cars or shin
ping out cars to be loaded or I'M
loaded upon said spur track: pro-
Vloed, however, said Railway Com
pany, its successors and assigns
snail be entitled to reasonable COM
pensat1on from such other railroad
company for the privilege of so do
ing, and such railway company shall
pe required to bear a reasonable
snare OF the expense of maintaining
ana operating said track; and the
switching of cars to, from and 1pon
SAID track shall he subject to the
lawful tariff charges of the rail-
road company involved.
section 8. Failure by the North
ern Pacific Railway Company. it's
successors or assigns, to comply
Within reasonable time with any
OF the provisions or conditions con-
tanned in this ordinance, after hav-
ing received ten days written no.
tlce from the City of Kennewick so
TO do, shall entitle the City of Ken
neW1ck to declare the forfeiture of
51e franchise hereby granted.
Section 9. At all times the power
ana right reasonably to regulate in
Inc public interest, the exercise of
The franchise and rights granted
oy this ordinance shall remain and
De vested in the Council of the CITY
Of Kennewick.
Section 10. The Northern Pacific
Railway Company, it's successors and
assigns, shall indemnify and hold
harmless the City of Kennewick
rom any and all claims, demands
and causes of action for injury to or
death of persons or damage done to
'r destruction of property, resulting
rom any negligent act of said Rail-
way Company, in or about the
construction or maintenance of tine
rack hereby authorized, or in or
about the operation of engines,
,ars or trains thereon; provided
hat nothing herein shall be con-
'trued as giving or creating any
claim, right, demand or cause of
action in favor of any person, firm
" corporation, if the same would
lot otherwise exist; provided fur
her said City shall and will notify
aid Railway Company, its success
us or assigns promptly in writing,
If any claim, demand or cause of
lction made or asserted against the
;ity, arising or claimed to arise from
ny of the causes aforesaid, and said
city will afford said Railway Com
,any reasonable opportunity to ap-
year and defend in the name of the
1ity any suit, action or proceeding
instituted against the City based
lpon any such claim, demand or
.ause of action, and if the Railway
Company elects to defend the same
he City will cooperate in such de-
ense. Any notice hereby required
o be given to said Railway Company
~ the City shall be deemed to have
,een delivered when same shall be
delivered to the Agent Of said Rail-
vay Company in charge of its depot
n the City of KenneWick, Wash
ngton, or to it's District Freight &
passenger Agent representing said
,ailway Company at Yakima, Wash
ngton.
Section IL. The Northern Pacific
hallway Company shall file writ
en- acceptance of this ordinance
nd the term hereof within sixty
avs after this ordinance becomes
Elective.
Section IL. This ordinance shall
ecome effective five (5) days aft
r it's approval, passage and publ
alton in the official newspaper OF
he City of Kennewick.
Passed by the Council this 18th
ay of October, 1910.
Approved by the Mayor this 18th
ay Of October, 1910.
C.. A. CRAWFORD, Mayor. |
Attest: Winifred Campbell,
City Clerk
Approved as to form:
Charles l.. Powell, City Attorney.
rOTICE. OF HEARING ON Pc
TUITION FOR CONFIRMATION i