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<br /> heretofore 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 costs and expense, re-
<br /> construct, relocate, replace, readjust or repair said Overhead
<br /> Bridge in strict accordance with plans approved and adopted by the
<br /> City of Everett, whenever such construction, relocation, readjust-
<br /> ment, replacement or repair shall, in the judgment of the City, be
<br /> necessary or convenient because of deterioration or unsafe condition
<br /> of Overhead Bridge, or because of the installation, erection, con-
<br /> struction, reconstruction, replacement, maintenance, operation or
<br /> repair of any and all municipally owned public utilities, or for
<br /> any other cause necessary for public convenience.
<br /> Section 5 : Nothing in this ordinance contained shall be
<br /> construed as granting an exclusive franchise or privilege for the
<br /> use of said street or any portion thereof, and the rights granted
<br /> by this ordinance shall be subject to the rights of the City Council
<br /> or the people of the City of Everett acting for themselves by the
<br /> initiative and referendum at any time to repeal, amend or modify
<br /> this ordinance and grant without due regard for the rights of the
<br /> Grantee, its successors and assigns, and for the interest of the
<br /> public and to cancel, forfeit and abrogate any right, privilege or
<br /> authority granted by this ordinance if the same were not exercised
<br /> in full accordance with the provisions hereof or at all and at any
<br /> time during the life of this grant to acquire by purchase or con-
<br /> demnation for the use of the City itself all the property of the
<br /> Grantee, successors or assigns, placed under this grant within the
<br /> limits of the public street at a fair and just value which shall
<br /> not include any valuation of the grant itself or any of the rights,
<br /> privileges or authority hereby conferred, which grant, rights,
<br /> privileges and authority shall thereupon terminate.
<br /> Section 6: This grant is subject to the primary use by
<br /> the City of Everett of said street as a highway and the City
<br /> expressly reserves the right to require the said Grantee, its
<br /> successors and assigns, to remove said Overhead Bridge in case it
<br /> is, at any time, rendered necessary by the fact that the use of
<br /> the space occupied by the said Overhead Bridge is convenient or
<br /> required for, or if said Overhead Bridge interferes with any pri-
<br /> mary use of such space by the City 'of Everett and a determination
<br /> by the City Council by ordinance that such space is so required for
<br /> such primary use, shall be conclusive and final without any right
<br /> ., of the Grantee, its successors and assigns to resort to the courts
<br /> to question the 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 or assigns, assign,
<br /> transfer, mortgage, pledge or incumber the same without the consent
<br /> of the City Council by resolution first having been obtained.
<br /> Section 8: Said Grantee shall forfeit and be deemed to
<br /> have forfeited and abandoned all rights, privileges and authority
<br /> granted by this ordinance, unless within sixty (60) days after the
<br /> approval of this ordinance, said Grantee files in the office of
<br /> the City Clerk a written acceptance bearing the corporate seal of
<br /> the Grantee signed by its duly authorized officers and accepting
<br /> the benefits of this ordinance and the rights, privileges and
<br /> authority hereby granted, subject to all the terms, conditions,
<br /> restrictions, restraints, specifications and requirements hereby
<br /> imposed.
<br /> A Y O R
<br /> Attest:, ,
<br /> iLc' ��' '-lei- ask-
<br /> ity Clerk..f
<br /> Passed: March 12, 1957
<br /> Published: March 13, 1957 -2-
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