Ordinance No. 334

AN ORDINANCE AUTHORIZING THE LAYING DOWN OF TRACKS FOR RAILROADS AND THE EQUIPMENT, MAINTENANCE AND OPERATION THEREOF UPON AND ACROSS A CERTAIN PART OF THIRD STREET AND UPON AND ALONG NEWPORT AVENUE, IN THE TOWN OF NEWPORT, COUNTY OF PEND OREILLE IN THE STATE OF WASHINGTON.

BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF NEWPORT:

Section 1.

Than consent, permission and authority are hereby given and granted unto the Great Northern Railway Company, a corporation organized and existing under and by virtue of the laws of the State of Minnesota, and to its successors and assigns, to lay down and maintain tracks for a railroad to be operated by steam or other power, and to construct, operate, equip and maintain a railroad, and to run cars drawn by steam or other power within the Town of Newport, in the County of Pend Oreille, and State of Washington, over and across and upon the following named streets in the said Town of Newport, to-wit:

Upon and across or along any part of Third Street east of the alley intersecting Blocks Nine and Eleven in Talmadge’s Addition to said Town of Newport, and over, upon, along and across Newport Avenue between the North line of Third Street in said Talmadge’s Addition and the South line of Lot Three (3), Section Eighteen (18), Township Thirty-one (31) N. Range Forty-six E.W.M., where the same intersects said Newport Avenue.

Section 2. 

Said track or tracks shall be, upon said Newport Avenue north of Second Street, laid as nearly as possible in the middle of the street, and upon said Newport Avenue south of said Second Street and across Third Street may be laid upon such a curve as shall be advisable for the purpose of said railway company; and said company shall construct and maintain such suitable crossings for the teamsters and travelers as shall be directed by the Council of said Town of Newport from time to time.

Section 3. 

The right hereby granted shall not restrict in any manner the right of the Town of Newport to enter upon said streets or any part thereof; or to occupy said streets for the purpose of making or completing any public works of importance thereon; or deprive the said Town of any rights or powers to regulate and control the use of streets and alleys in said town.

Section 4. 

Said railway company, its successors and assigns, shall not run trains over said streets at a greater rate of speed than ten miles per hour.

Section 5. 

The consent, permission and authority hereby given shall continue fifty years from the passage of this ordinance.

Section 6. 

This ordinance shall take effect and be in force from its passage and publication without expense to the Town of Newport.

Passed the Council this 6th day of May, 1953.