City of Seattle Records

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unto Irving Ballard, the right and privilege to lay down and maintain an iron railroad track or tracks within City of Seattle as follows, viz: Along Commercial Street, Mill Street, Front Street. Second Street and Third Street, and to operate and run cars thereon to be drawn as hereinafter provided, and to convey for hire, passengers and their baggage thereon.

SEC. 2.-- {As amended by Ordinance No. 213.} That said Irving Ballard or his assigns shall plank, pave or macadamize that portion of the street or streets, along which their said railway shall be laid, the whole length of said railway, between the rails and for a width of one foot on each side of the track, of same material used by and whenever said city shall plank, pave or macadamize said street to keep the same repair. The said Railroad Company is to plank, pave or macadamize that portion of the street occupied by said railway, and one foot in width on each side of the track at all street crossings before operation of said railway.

SEC. 3.-- The tracks of said railways in those streets where double tracks shall be laid shall not be more than five feet apart between rails, and shall be laid as nearly as possible in the middle of the street and flush with the pavement, so as to offer as little obstruction as possible to the crossing of vehicles; and where the lines crossing each other intersect, the rails

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shall be out so as to permit the passage of cars, and to offer no obstruction to the free use of the street by the public.

SEC. 4.-- For the purpose of laying down or repairing such railway no street shall be obstructed for a greater distance than the length of one block at any one time, nor for a longer period than ten working days, except that in case of excessive bad weather the Common Council may extend the time aforesaid at its discretion.

SEC.5.-- {As amended by Ordinance No. 213.} The cars to be used upon said railway shall be improved enclosed cars and shall be provided with brakes and other necessary appliances for stopping the same when required. The cars shall be drawn by horse or mules only; the rate of speed shall not exceed eight miles per hour, and any case of violation of this clause shall subject the owner or owners of the said railway to a fine not exceeding twenty-five dollars for each offence, on conviction before the Justice of the Peace of the City. The rails to be used for the railway shall be of good iron and must be a T rail; the cars shall be run at all convenient hours of the day and night, for the accomodation of the public.

SEC. 6.-- It shall be unlawful for any person or persons to obstruct the railway herein provided for either during the construction or operation of the same, and any person or persons, carelessly or willful-

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ly violating the forgoing provisions shall be deemed guilty of misdeameanor and on conviction before the Justice of the Peace of the City, shall be punished by a fine not exceeding twenty-five dollars, or by imprisonment not exceeding twenty -five days or both, at the discretion of the court, for each and every offence. Any conductor or other employee on the railroad herein provided for, any passenger thereon, or other person on or about the cars belonging thereto, who shall by offensive, indecent, opprobrious or abusive language, insult, abuse or maltreat any passenger on the said cars, shall on conviction thereof before the Justice of the Peace of the City, be punished by a fine of not less than five nor more than twenty-five dollars, or by imprisonmenr not exceeding twentydays, or both, at the discretion of the court, for each and every such offence.

Sec. 7 - the construction of the railways herein provided for shall be commenced within sixteen months from the 1st day of October, 1879, and the same shall be completed as follows: The railway on Commercial Street and along Mill Street from the intersection of Commercial to the intersection of Front Street and along Front Street as the same shall be graded, shall be completed within twenty-three months from said 1st Day of October 1879, or so soon thereafter as said streets or parts of streets shall be graded. The railways upon at least 133

one street herein named, shall be completed each year thereafter, until the railways upon all the streets named herein shall be completed: Provided[italics], that on or before the first day of July, A.D. 1880, the said Irving Ballard or his assigns shall give notice to the Common Council naming the streets upon which it is intended to construct railways as herein provided during the year next ensuing the date of such notice, and the railway on such street or streets so designated shall be completed within the said ensuing years, so far as the same shall be graded, and on the first day of July of each succeeding year thereafter a like notice shall be given to the Common Council designating the street or sreets upon which the railway is to be constructed the next ensuing year as before, until the entire system of railways provided for herein shall be completed: Provided further[italics], that said railway when laid down and completed upon any street or streets herein named and as herein provided, shall be extended upon such street or streets whenever the graded portion of such street or streets shall be extended; such extension of railway upon any street to correspond and to progress with the the street improvements on said street.

Sec. 8 - the said Irving Ballard, his associated or assigned, shall forfeit their right or privlege accruing by virtue hereof as follows: On failing to commence the said railway within the time herein provid

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SEC. 13. - The said Irving Ballard and his assigns shall forfeit and be deemed to have abandoned all rights and privileges conferred by this Ordinance, unless they shall within thirty days after the approval of this Ordinance, file in the office of the City Clerk their written acceptance of the rights and privileges hereby conferred subject to the terms, conditions and restrictions herein contained.

SEC. 14. - All the rights and privileges hereby granted shall expire at the end of twenty-five years from the date of the approval of this Ordinance.

ORDINANCE NO. 199. TO AMEND SECTION ONE OF ORDINANCE NO. 186. Approved Oct. 10, 1879. (See Ordinance No. 186.)

ORDINANCE NO. 200. AN ORDINANCE TO PREVENT HORSES, MULES, GOATS, HOGS AND HORNED OR NEAT CATTLE FROM RUNNING AT LARGE. Approved Oct. 10, 1879.

The City of Seattle does ordain as follows[italics]:

SECTION 1. - Horses, mules, goats and hogs are prohibited from running at large in the public streets. Sec 3 - Horned or neat cattle are prohibited from running at large in the public streets between the hours of nine o'clock in the evening and five o'clock in the morning Q

Sec. 3 - It shall be the duty of any police officer and of the City Marshal to arrest and impound any animals found upon the public streets in violation of this Ordinance; and for each day or part of a day that any such animal shall be so impounded, the owner thereof shall pay to the officer arresting such animal, for the care and keeping thereof, fifty cents, and also the further sum of $2.50 for making arrest.

Sec. 4 - If at the expiration of two days, the amount so due shall not be paid, the City Marshal shall proceed to give at least five days notice, by publication in the official newspaper of the city, of the time and place when and where he will expose the said animal or animals to sale by public auction, at which time and place he shall at public auction, expose the said animal or animals to sale, and out of the proceeds shall pay all the expenes aforsaid and all other necessary expenses and pay the residue to the City Treasurer; the said notice shall describe the said animals or animals to belong, and if such owner's name is wholly unknown to the Marshal, that fact shall be stated in said notice. If such owner shall be known to the Marshal and can be found within the city, a copy of said notice shall be served upon him at least one day prior to the sale.

Sec. 5 - The Marshall shall file with the City Clerk