Ordinance 3732 - Laserfiche WebLink

ORDINANCE NO. - An Ordinance granting to NORTHERN PACIFIC RAILWAY COMPANY, a Wisconsin corporations its successors and assigns, the right,privilege and authority for continued maintenance and operation of a standard guage railroad spur track over and across California Street and McDougall Avenue and in and along the alley between McDougall Avenue and Broadway in the City of Everett. THE CITY OF EVERETT DOES ORDAIN AS FOLLOWS: Section 1. That there be and is hereby granted to the NORTHERN PACIFIC RAILWAY COMPANY, a Wisconsin corporation, its successors and assigns, the right, privilege and authority for continued maintenance of a standard guage railroad spur track and to operate said railroad by diesel, electric or other mechanical powers upon the conditions prescribed in this ordinance, in and along the alley running north and south through Block 630, Plat of Everett, from a point opposite the north line of lot 27 in said block to California Street; thence across California Street and along the alley in Block 662 of said addition, to a point on the east line of said alley approx- imately 40 feet south of the south line of California Street. Also, in and across McDougall Avenue, opposite said Block 662, from a point of switch in the spur track authorized under Ordinance No.1492 near the east line of McDougall Avenue, in a northwesterly direction to a point in the east line of said Block 662 at or near the northeast corner of lot 19 of said block. Section 2. The grant in this ordinance obtained is made expressly subject to the following conditions and requirements: A. The Grantee, its successors and assigns, in its continued mainten- ance of said railroad shall not tear up any streets or alleys or obstruct the travel thereon further than is unavoidable and Shall keep such railroad at all times in good repair and upon completion of its work of maintenance on any portion of said track shall leave the streets or alleys in as good condition for travel as the same were before such work was done and that to whatever extent the City of Everett shall cause any portion of any street or alley upon which any part of said railroad shall have been laid down to be paved or repaved, said Grantee, its successors and assigns, shall at the same time at their expense pave and keep in repair within and between the rails and for one-foot on the outside of rails of its track in the same manner and at the same level and with the same material as 44Al3 be used in paving the rest of said street, or alley; that until said streets or alleys are paved the said track must be constructed so as to be at grade with the remainder of the streets or alleys so same may be readily crossed by vehicles. B. The City shall have the right whenever such action is necessary in the interest of public safety and convenience to require the Grantee, its successors and assigns, to flag its engines or trains when entering said streets or alleys or to require the elevation or depression of the track authorized by this franchise. C. The grade of the streets or alleys on which this railroad track is located may be altered or changed by the City of Everett, and upon the City's causing the surface of any such streets or alleys to be brought to the level of such altered or changed grades, the Grantee, its successors and assigns, shall at its expense cause its railroad to be changed so as to conform to such changed grade of such streets or alleys, and such Grantee shall, not have any claim or cause of action against said City for any damage it may sustain by reason of such change of grade. D. This franchise and all things constructed thereunder or used in connection therewith, other than rolling stock and power, shall be subject to common use by any other Grantee or assignee of any other franchise,whenever there shall be necessity therefor, upon payment of compensation for such use. 1.