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<br /> ORDINANCE NO. 3609
<br /> AN ORDINANCE granting to Scott Paper Company the right to
<br /> construct, maintain and operate an overhead bridge across the
<br /> upper level of Norton Avenue, adjacent to Block 4+86, Corrected Plat
<br /> of Mill Addition to Everett, Snohomish County, Washington; specifying
<br /> the condition of such grant and providing for the acceptance.
<br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN:
<br /> Section 1: That there is hereby granted to Scott Paper
<br /> Company, a corporation, and to its successors and assigns, herein-
<br /> after called "Grantee", the right, privilege and authority to con-
<br /> struct, maintain and operate an overhead pedestrian bridge, herein-
<br /> after referred to as "Overhead Bridge", across a portion of Norton
<br /> Avenue adjacent to Block 4+86, Corrected Plat of Mill Addition to
<br /> Everett, Snohomish County, Washington. The location of said Over-
<br /> head Bridge to be approximately in the location shown on the plan
<br /> on file in the City Engineer's office (Scott Paper Co. Drawing No.
<br /> B-2060) and by reference made a part hereof. Said Overhead Bridge
<br /> shall be used by Grantee for a pedestrian walk-way over the upper
<br /> level of Norton Ave. Said Overhead Bridge shall be constructed in
<br /> accordance with the plans and specifications approved by the City
<br /> of Everett before construction work is commenced and shall have a
<br /> minimum clearance of 15 ft. between said bridge and the existing
<br /> grade of the street.
<br /> Section 2: All the rights, privileges and authority
<br /> hereinafter conferred upon and granted to said Grantee, its
<br /> successors and assigns, shall cease and terminate at 12 o'clock
<br /> midnight, Aug. 27th ( 47 ) years from the effective date of this
<br /> ordinance, unless renewed and within ninety (90) days thereafter
<br /> said Grantee, its successors and assigns, shall remove said Over-
<br /> head Bridge and replace the street. This franchise shall, upon
<br /> application of the Grantee, be renewed if the Grantee shall have
<br /> complied with its provisions and unless public convenience shall
<br /> require its termination.
<br /> Section 3: That the said Grantee, by its acceptance of
<br /> this ordinance and the rights, privileges and authority hereby
<br /> granted does covenant and agree for itself, its successors and
<br /> assigns to at all times protect and save harmless the City of
<br /> Everett from all claims, actions, suits, liability, loss, costs,
<br /> expenses or damages of every kind and description which may accrue
<br /> to or be suffered by any person or persons or property, by reason
<br /> of the erection, construction, reconstruction, relocation, replacing,
<br /> readjustment, adjustment, repair, maintenance, operation or use of
<br /> said Overhead Bridge, and in case any accident suit shall be in-
<br /> stituted or begun against said City for damages arising out of or
<br /> by reason of the erection, construction, reconstruction, relocation,
<br /> replacement, readjustment, adjustment, repair, maintenance, opera-
<br /> tion or use of said Overhead Bridge, the said Grantee, its
<br /> successors and assigns shall, upon notice to it or them, upon
<br /> commencement of any suit or action, defend the same at its or their
<br /> sole cost and expense and in case judgment shall be rendered
<br /> against said city in any such suit or action, said Grantee, its
<br /> successors and assigns, shall fully satisfy said judgment within
<br /> ninety (90) days after such action or suit shall have been finally
<br /> determined if determined adversely to the City.
<br /> Section 4+: That the Grantee, its successors and assigns,
<br /> shall not erect, construct, reconstruct, relocate, replace, re-
<br /> adjust or repair said Overhead Bridge except under the supervision,
<br /> control of and in strict accordance with plans and specifications
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