Ordinance 3742 - Laserfiche WebLink

Section 5. That the City of Everett shall retain the same control over, and use of, the streets on which said spur track is constructed as over other like places in said City, including the right to construct an overhead bridge crossing of said franchise area and tracks , but not in a manner so as to prohibit or otherwise unreasonably restrict or impair the use by the Grantee of the rights herein granted; provided, however, that Grantee shall reimburse the City of Everett for any additional cost and expense incurred by it in the construction of said overhead bridge which results from or is caused by the location and operation of the spur track. The City of Everett shall have the right to regulate the speed of trains within the limits of the right of way herein granted. Section 6. That the said Great Northern Railway Company, a corporation, in and by accepting the benefits of this ordinance, covenants for itself, its successors or assigns , that it and they will hold and save the City of Everett harmless from or against any damages , costs or expenses recovered against the said City by reason of the construction, negligent operation, or maintenance of the said spur track, and shall defend any suit brought against the City of Everett based upon damages suffered or sustained by abutting property owners by the construction or negligent operation or mainte- nance of said track over and across said streets. Section 7. That the said Grantee, or its successors or assigns , shall be deemed to have forfeited and abandoned all privi- leges and franchises conferred by this ordinance unless it shall, within six (6) months after the taking effect of this ordinance, file in the office of the City Clerk a copy of a resolution duly 3