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<br /> ORDINANCE NO. 3476
<br /> AN ORDINANCE GRANTING TO SCOTT PAPER COMPANY THE RIGHT TO
<br /> CONSTRUCT, MAINTAIN AND OPERATE AN OVERHEAD BRLDGE ACI-:OSS THE LOJHR
<br /> LEVEL OF NORTON AVENUE, ADJACENT TO BLOCK 485, PLAT OF EVERETT,
<br /> DIVISION G; SPECIFYING THE CONDITION OF THE GRANT; PROVIDING FOR THE
<br /> ACCEPTANCE AND A BOND.
<br /> NOW., TITP,REFORE, THE CITY OF EVERETT DOES ORDAIN:
<br /> Section 1: That there is hereby granted to the Scott Paper
<br /> Company, a corporation, and to its successors and assigns, herein-
<br /> after called "Grantee", the right, privilege and authority to
<br /> construct, maintain and operate an Overhead Bridge, hereinafter
<br /> referred to as "Overhead Bridges' across a portion of Norton Avenue
<br /> adjacent to Block 485, Plat of Everett, Division G, the location of
<br /> said Overhead Bridge to be approximately in the location shown in
<br /> the plat attached to the plan on file in the City Engineer 's office.
<br /> Said Overhead Bridge shall be used by Grantee for a pedestrian
<br /> walkway over the lower level of Norton Avenue. Said Overhead Bridge
<br /> shall be constructed in accordance with the plans and specifications
<br /> approved by the City of '=verett before construction work is
<br /> commenced and shall have a minimum clearance of 15 feet between said
<br /> bridge and the existing grade of the street.
<br /> Section 2: All the rights, privileges and authority herein-
<br /> after conferred upon and granted to said grantee, its successors
<br /> and assigns shall cease and terminate at 12 o ' clock midnight, fifty
<br /> (50) years from the effective date of this ordinance, unless renewed,
<br /> and within ninety (90) days thereafter said Grantee, its successors
<br /> and assigns shall remove said Overhead Bridge and replace the street.
<br /> That this franchise shall, upon application of grantee, be renewed
<br /> if the Grantee shall have complied with its provisions and unless
<br /> public convenience shall require its termination.
<br /> Section 3: That the said grantee by its acceptance of this
<br /> ordinance and the rights, privileges and authority hereby granted,
<br /> does covenant and agree for itself, its successors and assigns,
<br /> to at all times protect and save harmless the City of Everett from
<br /> all claims, actions, suits, liability, loss, costs, expenses or
<br /> damages of every kind and description which may accrue to or be
<br /> suffered by any person or persons or property by reason of the
<br /> erection, construction, reconstruction, relocation, replacing, re-
<br /> adjustment, adjustment, repair, maintenance, operation or use of
<br /> said Overhead Bridge and in case any accident suit shall be
<br /> instituted 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,
<br /> operation 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 said suit or action defend the same et 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 such judgment within
<br /> ninety (90) days after such accident 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 said
<br /> Overhead Bridge except under the supervision, control of and in
<br /> strict accordance °aith plans and specifications heretofore approved
<br /> and adopted by the City of Everett, and the said Grantee, its
<br /> successors and assigns, when directed to do so by the 'ity of
<br />
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