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ORDINANCE No.172.
BAILWAYFRANCHISE:
AN ORDINANCE granting to the Great Northern Bailway Company the"
right to looate,oonstruot,maintain and operate a spur traok,
and a right of way therefor,,fifteen feet in width,over and
aorossCedar street and Eirst Street in the town of Marysville;
Washington.
BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF )\{!AiClYSVILLE,as follows:
SECTION 1.That there be,and hereby is,granted unto the Great
Northern Hailway Company,its suooessors and assigns,the right
and authority to looate,lay'dbwn,oonstruot,maintain and operate
a 'Spurtraok and a right of way therefor,fifteen (15)feet in
width,over andaoross cedar Street and First Street in the Town
of Marysville,Washington,the oenter line of said spur being more
partioularly desoribed as follows,to-Wit:
Commenoing at a point on the oenterline of main traot of the
Great Northern Bailway,distant one hundred fifty and five-tenths
(150.5)feet southerly,measured along said line from its inter~
seotion with the south line of Seoond Street;thenoe southwesterly
on a five degree (50)ourve·to the right one hundred four and five
tenths (l04.5)feet;on a ten degree (10°)ourve to the right
seventy -six and five -tenths (76.5)feet to a point on the
south line of First Street in said town,said point being the
end of thisdesoription.
SECTION 2.That the rights granted to the said Great Northern
Railway Company,its suooessorsand assigns,are upon the follow-
ing oonditions,namely:That in the operation of said railway,
the said Great Northern Hailway Company,its suooessors and as~
signs,shall have the right to use steam power,or any other
mot\ive power that the said oompany;its suooessors and assigns,
may deem best.
SECTION 3.That said Great Northern Hailway Company shall
plank,pave or otherwise improve and maintain the spaoe within
and between the rails and for one tl}foot outside thereof,and
also between the main and sidetraok where said traok or traoks
shall oross First Street in said town,at suoh times and in suoh
manner as the Counoil or other proper authority of the town may
order;and shail at its own expense to oonstruotall oross--
walks and restore said streets and said interseotion of ~irst
and Cedar streets to as serviceasle aoondition as it now is in
all respeots to the satisfaotion of the .rown Marshall.
SECTION 4.That if the said Company,its suocessors and asigns
shall negleot and fail for the period of sixty (60)days to oomply
with the oonditions of this ordinance,it shall be lawful for the
said Counoil of the town of N~rysville,unless such failure or
neglect shall be the .result of or caused by accident or some unus-
ual ocourrenoe,to deolare by ordinanoe the forfeiture'of the
rights herein granted.
SECTION 5.That .sa Ld Company,its sucoessors and assigns,shall
payor oause to be paid to any and all persons entitled all damages
that may be oaused by the construotion,maintenance or operation
of said side traok,and will upon notice defend at its own oost
and expense any aotion brought on aooount thereof against the '1'own
of Marysville,and will,upon such action being finally determined,
pay ~r judgment recovered therein against said Lown.
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SECTION 6.The Town of Marysville shall retain the same control
of.the streets in and across which said railway track shall be
laid down as over other streets,and shall have the righ}lat all
time.s,by general ordinance,to regulate the speed of locomotives
and trains within the limits of the rights of.way herein granted,
and the maximum period of time for which such Looomo t tve s ,cars,
and trains shall be allowed to blocka(j.e travel along and across
the streets embraced in this grant,and shall have such further'
control and police power over such rights of way asthe laws of
the state of Washington may now or hereafter permit.
SECTION 7.That,in order to claim the benefits of this ordin-
ance,and to acquire the rights,priyileges and authorities here-
by granted,said grantee,its suceessors.and assigns,~must,within
ninety (90)days after the takingceffect of this ordinance,file
in the office of the town clerk,a copy,duly certified and
l:i."ttested by its secretary,under its corporate seal,of are'"
.splut1ilen g.uly adopted by its board of directors,acoepting the
benefits of this ordinance,and the rights privileges .l:i.nd auth-.
orities h:ereby granted,subject to all the conditions,restric-
tions,specifications and requirements herein expressed,and shall
at the same time pay to the ~own the cost of publication of this
ordinance.
i:>ECTION 8.'l'hl:i.t this ordinance shall take effect arid be i¥!force
from and after its passage by the Council,and approval by the
Mayor of said 'I'own,in case the same shall be approved by the.
Mayor,and Ln the absence .or his approval,the ordinance Shall
take effect at the time provided by law in such cases.
J:'ASSEDby the.Council of the .rown of Marysville this lsthdi3.Yof
l~ovember,1912.
Approved by me this 18th day of 1~ovember,1912.
is ,E.Colvin
Mayor
ATTEST:
B.D.Curtiss,
'I'own Clerk
Published December the 6th,1912.
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