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<br /> Section 4: That the Grantee, its successors or assigns,
<br /> shall not erect, construct, reconstruct, relocate or replace
<br /> said Overhead Bridge, except under the supervision, control of
<br /> and in strict accordance with plans and specifications hereto-
<br /> fore approved and adopted by the City of Everett and the said
<br /> Grantee, its successors and assigns when directed to do so by the
<br /> City of Everett shall at its or their own cost and expense
<br /> reconstruct, relocate and replace said Overhead Bridge in strict
<br /> accordance with plans approved and adopted by the City of
<br /> Everett whenever such construction, relocation or replacement
<br /> shall in the judgment of the City be necessary or convenient
<br /> because of deterioration or unsafe condition of Overhead Bridge,
<br /> because of the installation, erection, construction, recon-
<br /> struction, replacement, maintenance, operation or repair of any
<br /> and all municipally owned public utilities or for any other cause
<br /> necessary for public convenience.
<br /> Section 5 : Nothing in this ordinance contained shall
<br /> be construed as granting an exclusive franchise privilege or
<br /> privileges for the use of said alley or any portion thereof and
<br /> the rights granted by this ordinance shall be subject to the
<br /> rights of the City Council or the people of the City of Everett
<br /> acting for themselves by the initiative and referendum at any
<br /> time to repeal, amend or modify this ordinance and grant without
<br /> due regard for the rights of the Grantee, its successors and
<br /> assigns, in the interest of the public and to cancel, forfeit
<br /> and abrogate any right, privilege or authority granted by this
<br /> ordinance if the same were not exercised in full accordance with
<br /> the provisions of, or at all, and at any time during the life of
<br /> this grant to acquire by purchase or condemnation for the use of
<br /> the City itself all the property of the Grantee, its successors
<br /> or assigns placed under this grant in the limits of the public
<br /> alley at a fair and just value, which will not include any
<br /> valuation of the grant itself or any of the rights, privileges
<br /> or authority hereby conferred which grant, rights, privileges and
<br /> authority shall thereupon terminate.
<br /> Section 6: This grant is subject to the primary use
<br /> by the City of Everett of said alley as a public thoroughfare
<br /> and the City expressly reserves the right to require the said
<br /> Grantee, its successors or assigns, to remove said Overhead
<br /> Bridge in case it is, at any time, rendered necessary by the
<br /> fact that the use of the space occupied by the said Overhead
<br /> Bridge is convenient or required for, or if said Overhead Bridge
<br /> interferes with any primary use of such space by the City of
<br /> Everett and a determination by the City Council by ordinance,
<br /> that such space is so required for such primary use, shall be
<br /> conclusive and final without any right of the Grantee, its
<br /> successors and assigns, to resort to the courts to question the
<br /> same.
<br /> Section 7: The rights, privileges and authority hereby
<br /> granted shall not be assignable or transferrable by operation of
<br /> law, nor shall said Grantee, its successors and assigns, assign,
<br /> transfer, mortgage, pledge or encumber the same without the
<br /> consent of the City Council by resolution first having been
<br /> obtained.
<br /> Section 8: Said Grantee shall forfeit and be deemed
<br /> to have forfeited and abandoned all rights, privileges, and
<br /> authority granted by this ordinance unless, within sixty (60)
<br /> days after the approval of this ordinance, said Grantee files in
<br /> the office of the City Clerk a written acceptance bearing the
<br />
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