Ordinance 2495 - Laserfiche WebLink

• Section 4. The City of iverett shall retain the same control of the streets upon and across which said railway tracks shall be laid down, as over other streets in said city, and shall have the right at all times, by general ordinance , to regulate speed of locomotives and trains within the limits of the fran- chise hereby granted, and the maximum period of time for which locomotives, cars or trains shall be allowed to blockade travel along or across the streets mentioned in this grant, and shall have such further control and police power over such streets as the city charter and the state laws may now or hereafter permit. Section 5 . The City "of Everett hereby reserves the right to itself and its grantee , to carry all water ;:rains , sewer mains, gas pipes and conduits and all public utilities underneath and wires above the tracks herein authorized, and the right o access to any space occupied by such tracks within the limits of said streets, and the right to open the ground beneath said tracks for all purposes of construction, maintenance , repair , alteration, and inspection of any such public utilities , which right shall be exercised, however, so as to interfere as little as practicable with the use of said tracks , and so as to leave the riht of way occupied thereby restored to as good condition as prior to any exercise of such right. Section 6. Said grantee agrees: (a) That no capital stock will be issued on account of this franchise , or the value thereof, and that it shall have no right to receive , upon a condemnation proceeding brought by the city to acquire the public utility using such franchise , any return, on account of this franchise or its value. (b) This franchise and all things constructed there- under, or used in connection therewith, other than rolling stock and power, shall be subject to common use by any other grantee or assignee of any other franchise , whenever there shall be necessity -4-