Ordinance 2037 - Laserfiche WebLink

• Ordinance No. 203 7 An Ordinance amending Ordinance No. 252 of shall be taken up or removed that the space occupied the City of Everett, entitled: by said track or tracks so removed, and between the rails of the same shall be repaved, replanked or "An Ordinance granting to Edward P. Burch, his remacadamized and the space occupied by said track associates, successors and assigns, the right to con- or tracks shall be left in as good condition as the struct and operate a street raliway upon certain remaining part of the street or streets or avenues streets and avenues in the City of Everett," by adding where said track or tracks were laid and it is four new sections, to-wit: Sections No. 10, 11, 12 and further provided that the work of such paving, plank- 13 grsmting to the owner of said franchise the right ing or macadamizing shall be under the supervision of to substitute in whole or part trackless trolleys or the Department of Public Works of the City of Ev- other motor propelled vehicle, so constructed as to Brett, or the grantee may, in lieu thereof, pay into not be injurious to persons, traffic, property or streets the City Treasury such sum of money in cash as shall and providing for the payment of a certain sum each be sufficient to cover the expense of restoring the year for each trackless trolley or other motor pro- portion of the street or streets or avenues, occupied pelled vehicle as herein described to be paid to the by the track or tracks as herein specified. And it is City of Everett as a compensation for the right to further provided that where street car tracks are operate said trackless trolleys or other motor pro- abandoned for street car service by the said company pelled vehicles over the streets and avenues described and the rails are left in the streets, the City Council in said Ordinance No. 252 of the City of Everett. shall have authority in all cases where such unused The City of Everett Does Ordain: tracks become an annoyance or a nuisance to street traffic, or where the condition of the street along Section 1. That Ordinance No. 252 of the City of and between such rails becomes worn out or unfit for Everett entitled: traffic, to require the said company to take up its "An Ordinance granting to Edward P. $urch( his rails and restore the said street as hereinbefore pro- associates, successors and assigns, the right to con- vided. struct and operate a street railway upon certain Section 11. Any person, partnership, association streets and avenue in the City of Everett," be and the of persons or corporation operating under the terms s•'me is hereby amended by adding to such ordinance of this franchise amendment herein granted shall pay four new sections, No. 10, 11, 12 and 13, to read as into the City Treasury of the City of Everett on the follows: 1st day of January of each year the sum of $25,00 for "Section 10. The Puget Sound International Rail- each and every trackless trolley or other motor pro- way and Power Company, the owner of the franchise pelled vehicle as described in 1,-his ordinance used by granted by Ordinance No. 252 of the City of Everett, said grantee, its successors or assigns during the pre- and its successors and assigns, are authorized from seeding year as a compensation for the right to op- and after the 1st day of August, 1922, until December erate trackless trolleys or other motor propelled 3rd, 1950, to operate trackless trolleys or other motor vehicles as herein specified over the streets and aye- propelled vehicles so contructed as not to be injurious nues described in Ordinance No. 252 of the City of to persons, traffic, property or streets, upon the Everett, streets and avenues described in said Ordinance 252 Section 12. That the grantee named herein shall in lieu of street cars now operated upon the streets commence the substitution of trackless trolleys or named in said Ordinance 252 and provided that said other motor propelled vehicles as herein specified trackless trolleys or other motor propelled vehicles within six months from the date of acceptance of this as herein described shall be of a recognized and suit- franchise but after ten years from date of said ac- able type and shall be subject to approval by the ceptance it is specifically provided that no additional City Council of the City of Everett. Such substitution substitution shall be made or permitted without the may be made at the option of said company, its sue- consent of the City Council. cessors or assigns upon all of the routes and streets described in such franchise or upon any portions Section 13. The City Council shall have the right thereof, and as to such portions where such substi- to require the owner of said franchise to make reas- tutions shall not be made the operation of street cars onable extensions and shall have the right to make upon rails may be continued until December 3rd, 1950, suitable and convenient traffic regulations such as with the right and option on the part of the com- shall be necessary for the welfare of the public. pany, its successors and assigns from time to time until December. 3, 1950, to substitute such trackless This ordinance shall be accepted by the Puget trolley cars or other motor propelled vehicles as Sound International Railway and Power Company by herein described in its discretion. In case of such written acceptance, filed with the City Clerk within substitution, the right of the company, its successors thirty days after its approval, otherwise it shall be and assigns, to re-lay its tracks and operate street null and void. Upon such acceptance being so filed all cars shall continue until the expiration of such fran- of the rights, privileges and authority conferred upon chise. In case the company, its successors, or assigns such company to operate a street railway system in shall cease to operate street cars upon tracks upon the City of Everett, and its obligations in respect the whole or any portion of the routes or any route thereto, shall be as contained in said Ordinance No. described in such franchise and shall operate track- 252 as hereby amended, and any and all provisions less trolley cars or any motor propelled vehicles as of any ordinance conflicting herewith shall after such herein described as a substitute for cars, operated acceptance be of no further force or effect. noon rails under such franchise the company, its W. H. CLAY, Mayor. successors or assigneee, shall be under no obligation Passed August 15, 1922. to comply with the second subdivision of Section 3 of Ordinance No. 252 of the City of Everett, but it is Attest—LOUIS LESH. City Clerk, herein provided that wherever any track or tracks Published August 18. 1922.