Ordinance 3474 - Laserfiche WebLink

or assigns shall plank, pave or otherwise improve, as the City of Everett may direct, all that portion of said alley and street or streets occupied by its said track lying on each side of the center line of said track and the ends of the ties used by said grantee, its successors or assigns in the construction, repair or maintenance of said track. Section 3. That wherever the said track crosses or is to be crossed by a street or avenue now constructed or to be hereinafter constructed, laid out or extended, said grantee agrees that in the event the City desires to improve said street or avenue by paving, installation of water mains or sewer lines, or other public utilities, it will make such adjustments as are necessary to accommodate said public improvement. Section 4. That said grantee, its successors or assigns shall not allow its locomotives or cars to stand upon the track on any street crossing along any of said streets, avenues, alleys or other public grounds, longer than may be necessary to make switches, or make up or divide trains, or to receive or land passengers, load or unload freight, unless in case of accident. Section 5. That the said City of Everett shall retain the same control over the streets, avenues, alleys or other public grounds on which said railroad shall be laid down as over other like places in said city, and shall have the right to regulate the speed of trains within the limits of the right of way herein granted. Section 6. That the said Great Northern Railway Company, a corporation, in and by accepting the benefits of this ordinance, covenants for itself, its successors or assigns, that it and they will hold and save the City of Everett harmless from or against any damages, costs or expenses recovered against the said city by reason of the construction, negligent operation or maintenance of the said railroad and shall defend any suit brought against the said City of Everett, based upon damages suffered or sustained by abutting property owners by the construction or negligent operation or maintenance of said railway upon, along or across said street and alley or other public grounds. Section 7. That the said grantee, or its successors or assigns, shall be deemed to have forfeited and abandoned all privileges and franchises conferred by this ordinance unless it shall, within six (6) months after the taking effect of this ordinance, file in the office of the City Clerk a copy of a resolution duly adopted by its Board of Directors, or by the Executive Committee or Finance Committee _2«