HomeMy WebLinkAboutO-0124 - Franchise for railroad (Special)'~YV.'.1
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ORDINANCE No.124.
SEYMOUR SHOULTES R. R.
AN OHDINANCEgranting to SeymourShoultes,his successors and as-
signs,the right,authority and franchise to locate,lay-down,
construct,maintain and operate a standard gauge railroad,con-
siting.of one (1)track,over,upon and along certain streets
and alleys of the uown of Marysville,upon the conditions pre-
scribed in this Ordinance.
BE IT ORDAINED BY TIlE COUNCIL OF THE TOWN OF ~IT~HYSVILLE:
SEC~ION 1.That there is hereby granted to Seymour Shoultes,
.his successors and assigns,the right,authority and franchise
to.locate,lay"'down,construct,operate and maintain a standard.
gauge railroad,to consist of one \1)track,over,upon and along
the following streets and alleys of the 'i'own of Marysville,to-wit:--
Along the center line of Delta Street from the south end
there.oftba point about due l>ast of the northeast corner .of
Block S};"VEN (7)of the .origl'1inal Plat of Marysville ,as the same
is of record in the Office.of the County Auditor ofi:5nohomish
County;thence curving in a north-westerly direction over said
velta Street at its intersection with Second Street to a point at
or near the south-east corner of ~lock Six (6)of said original
Plat;also across the alley in said J:ilock Six (6),in a'north-
wester:)..ydirection,from a point at or near the northwest corner
of lot twelve (12),of said Block Six (6);also across ':third
St:eeet,in a north-westerly direction,from a point in the north
line of Lot four (4)in said ~lock Six (6),to a point in the
south line of Lot eight (8)of Block One (1)of said original
Plat.
SECTION 2.The rights,priVileges,authority and frQnchise
herein granted are subject to the following limitations and cOn-
ditionsl .
1st)The public shall have the same full and complete
right to the use of said streets and alleys for all public pur-.
poses the same as though this ordinance were not passed,and the
said Town of Marysville shall retain the same control over the
streets,avenues and alleys and public places,upon,along and
across where the said railroad shall be constructed,as over the
other like places in said Town,and shall have the right to re-
gulate the speed of trains within the,limits of the right-of-way
herein .granted.
(2nd)The tops of the rails of said railroad shall be on
a level with the established grade of the street,and such rail-
road shall be planked at all places between and outside the rails
level with the tops of said rails,so as to provide a safe cros-
.sing for public travel at all points;said work to be done to the
satisfaction and acceptance of the :::;treet Committee,and said
planking shall hereafter at all times be kept in good repair;by
the grantee herein,his successors or assigns,if either of said
streets or alley shall not ,be graded at .t he time of the construc-
tion of said railroad,said railroad shall be constructed upon
such grade as shall be directed by the Council of the Tovm of
Marysville,and the said grantee,his successors and assigns
shall,at any time the said .rown causes the 'grades of any of said
streets or the said alley to be altered or otherwise changed,
'change and alter its railroad track so as to conform to the
grades of said streets or alley at its own proper cost and expense.
(3rd)The said grantee,his successors and assigns,shall
at all times keep said railroad in safe condition,and Shall at all
times fully and completely indemnify said 'rown of Marysville aga Lns t
any and all damage it may sustain,.or be held to pay,by reason of'
any defective condition of said railroad.
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(4th)The said grantee,his successors and assigns,shall
so operate said railroad that at no time,except in case of accident,
shall any car or locomotive stand upon said railroad at any point
within any of said streets or alleys,longer than is necessary for
proper loading and unloading of freight and the switching and hand-
ing of cars.
(5th)That said Seymour Shoultes,his successqrs oras-
signs,in and by acceptingth e beneri ts of thi'sOrdinan ce,coven-
ants f'or'himself,his successors ana assigns,that he and they will
hold and save the.said 'i'own of Marysville,harmless f.rom and against
any damages,costs or expenses which may be recovered against the
said Town of Marysville by reason of the construction"negligent
operation or maintenance of said railroad,and shall defend any suit
which may be brought againt said Town based upon damaglil,ssfifl'ered
or sustained by abutting property owners f·rom the construction or
negligent operation or maintenance.of said.ra,ilroad upon or along
or across any of se.i d streets,avenues ;alleys or public:places.
"ECTION 3.If the said.grantee ,his successorsorassi'gns shall
fail to comply with any of the terms or conditions herein:set'-forth,
the said ~own.ofMarysville shall have the right to declare by res-
olution,that all rights,pr-Lv i Lege s ,authority and franchise herein
granted shall be forfeited;and that.upon such de e.Iar-a t f.onv-ed.L such
rights,privileges,authority and franchise shall be thereby terminated.
"ECTION 4.*'l'his Ordinance shall not be valid and shall pass no
rights,privil.eges,authority or franchise to aa id grantee,unless
said grantee,his successors or assighs shall on or before the fifth
day of May,19.06;.file his or their acceptance of the same,in wri t-
ing with the clerk of the.said rown of MarYSVille,subject to all
the conditions,restrictions and stipulations herein contained;
provided,that such acceptance shall be accompanied by a plat or
map of the rail-road to be constructed under the terms of this
ordinance;which plat and maP shall show definitely t'he,location
ot:said'rail-road,along the said str€lets and alley and Which said
plat and map govern the rights of the parties hereto,as to such
lo.cation .•
SECTION 5.'rhd s .or-d tneno e shall take effect from and after its
final pas~age,approval and publiCation according to law.
l:'ASSED,November 1:;>,1905.
Approved,November 13,1905.
C.T.Oomad
Mayor
ATTEST:
M.Swinnerton
'i'Own Clerk
Date of First publication,November 17,1905.
*(As amended by,Sec.1,Ordinance NO.129).
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