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Ordinance 2495
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Ordinance 2495
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10/27/2023 3:55:12 PM
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10/27/2023 3:54:36 PM
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Ordinances
Ordinance Number
2495
Date
4/22/1930
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therefor, upon payment or tender of compensation for such use. <br /> The question of necessity, compensation and all other questions <br /> relating thereto shall be judicial questions, but no judicial <br /> proceedings shall suspend or postpone such use , if the person or <br /> corporation desiring such common use shall deposit in the court <br /> such sum as the court, in a preliminary hearing, may determine . <br /> ( c) The Council shall have the right, whenever such action <br /> is necessary in the interest of public safety or convenience , to <br /> require the grantee , its successors and assigns, to flag its <br /> engines or trains across the public street, or to install auto- <br /> matic alarm bell at street crossings, or to employ watchmen at <br /> street crossings, or to establish and operate gates at street <br /> crossings. <br /> Section 7. Said grantee hereby agrees and covenants <br /> for itself, its successors and assigns , to and with the City of <br /> Everett , to protect and save harmless the said city from all <br /> claims, demands and causes of action for damages of every kind <br /> and description, which may arise , accrue to, or be suffered by <br /> any person or corporation by reason of the construction and <br /> maintenance or operation of said railway tracks , or appurtenances, <br /> over and across the streets hereinbefore mentioned. <br /> In ease any suit or action shall be brought against the <br /> City of Everett, upon any claim, demand or cause of action, as <br /> aforesaid, said grantee for itself, its successors and assigns, <br /> agrees upon receiving written notice thereof, to defend said <br /> suit at its sole cost and expense , and said grantee , its suc- <br /> cessors and assigns , agree to hold said City of Everett free <br /> and harmless against any judgment recovered upon any such claim, <br /> demand or cause of action, and in ease any judgment shall be <br /> rendered against the City of Everett, in any such suit or action, <br /> said grantee , its successors or assigns, shall fully satisfy said <br /> judgment within sixty days after such suit or action shall have <br /> -5- <br />
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