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<br /> The question of necessity, compensation and all other questions relating
<br /> thereto shall be judicial questions, but no judicial proceedings shall
<br /> suspend or postpone such use if the person or corporation desiring such
<br /> common use shall deposit in the court, such sum as the court in a preliminary
<br /> hearing may determine.
<br /> E. The Grantee shall within thirty days after the adoption of this
<br /> ordinance file with the said Clerk an unqualified acceptance of all the terms,
<br /> conditions and restrictions of the franchise hereby granted.
<br /> Section 3. That the said City of Everett shall retain the same control
<br /> over the streets and alleys, upon, along and across which the said railroad
<br /> has been constructed, as over other like places in said city, and shall have
<br /> the right to regulate the speed of trains within the limits of the right-of-way
<br /> herein granted.
<br /> Section 4. The City of Everett hereby reserves to itself and its Grantee
<br /> the right to carry all water mains, sewer mains, gas pipes and conduits and
<br /> all public utilities underneath and wires above the track herein authorized,
<br /> and the right of access to any space occupied by such track within the limits
<br /> of said street or alleys and the right to open the ground beneath said track for
<br /> all purposes of construction, maintenance, repair, alteration, and inspection
<br /> of any such public utilities, which right shall be exercised, however, so as to
<br /> f interfere as little as practicable with the use of said track, and so as to
<br /> leave the right of way occupied thereby restored to as good condition as prior
<br /> to any exercise of such right.
<br /> Section 5. Said Grantee hereby agrees and covenants for itself its
<br /> successors and assigns, to and with the City of Everett, to protect and save
<br /> harmless the said city from all claims, demands, and causes of action for damages
<br /> of every kind and description, which may arise, accrue to or be suffered by any
<br /> person or corporation by reason of the continued maintenance or operation of
<br /> said railroad track, or appurtenances, over and across the streets or alleys
<br /> hereinbefore mentioned.
<br /> In case any suit or action sham be brought against said City of Everett, upon
<br /> any claim, demand or cause of action, as aforesaid, said Grantee for itself,
<br /> its successors and assigns, agrees upon receiving written notice thereof to defend
<br /> said suit at its sole cost and expense, and said Grantee, its successors and
<br /> assigns, agrees to hold said City of Everett free and harmless against any
<br /> judgment recovered upon any such claim, demand or cause of action, and in case
<br /> any judgment shall be rendered against the City of Everett, in any such suit or
<br /> action, said grantee, its successors or assigns, shall fully satisfy said
<br /> judgment within sixty days after such suit or action shall have been finally
<br /> determined, if determined adversely to such city.
<br /> Section 6. The right, privilege and franchise herein granted shall continue
<br /> and be in force for the term of twenty-five (25) years from the date of the
<br /> enactment of this ordinance and this franchise shall have no effect after said
<br /> date.
<br /> Section 7. The Grantee herein, its successors and assigns holding this
<br /> franchise is prohibited from issuing any capital stock on account of the
<br /> franchise or the value thereof. The Grantee, its successors or assigns, shall
<br /> have no right to receive upon purchase or condemnation proceeding brought by
<br /> the city to acquire the public utility using such franchise, any return on account
<br /> of the franchise or its value.
<br /> Section 8. No sale or lease of this franchise shall be effective until
<br /> the assignee or lessee shall have filed in the office of the city clerk an
<br /> instrument, duly executed, reciting the fact of the sale or lease, accepting the
<br /> 2.
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