Ordinance 2218 - Laserfiche WebLink

• • A * • All excavations so made shall be carefully guarded so as to prevent accident and there shall be kept alone said, work, signs during the day and lanterns during the night, clearly indicating by whom said work is being done . The City of s;verett shall not be liable for any damage that may , for any cause, result from the lay- ing dean and operation of ssich pipes, but said grantee, its Succes - sors and assigns ahall save and keep said city free and harmless from any and all such damages, and should any final judgment be re- covered against said city on account of sucri damage said grantee shall pay the same within sixty (60) days after being notified in writing so to do by said city ,nd the failure of said grantee to make such payment within said period of sixty (60) days shall be ground for forfeiting all toe rights and privileges granted thereby; provided, said city shall in any suit brought against it on ac- count of such damage, and before the trial of such suit, give writ- ten notice to said grantee of the pendence of the same . Section 3: Said pipes shall be laid down in such manner as not to in- terfere with the sewer and water pipes, gas mains, telephone or telegraph conduits, or any of the pipes of said city, or wlth any pipes that have been laid down heretofore in said streets, avenues, alleys or public places under the authority of the city, and the system of pipes to be laid down by the grantee hereunder shall be first class in every respect; and the said grantee, its successors and assigns, shall have the right to charge and collect reasonable compensation from all, persons and corporations to whom it shall furnish steam, water, heat for any of the purposes authorized by this ordinance . Section 4: The rights and privileges granted in this ordinance shall not be exclusive, but the city may grant such rights to any person or persons, or corporations, and to make any number of such grants and said city reserves the right to use said streets, avenues, alleys and public places itself, for X such purposes. Section 5 : The right, privilege and franchise herein granted shall continue and be in force for the term of twenty-five years ( 25) from the date of the enactment of this ordinance and this franchise shall have no effect after said date. Section 6: In consideration of the rights herein granted the said grantee, its successors and assigns agrees to pay to the City of Everett, annually, a sum of money equal to two per cent of the gross earnings from the operation of and the sale of the products of the pipe lines herein mentioned, this payment to be made upon the sworn statement of grantee, his successors or aseigns, to be filed frith the City Clerk, and the city clerk or any committee appointed by h the city council for that purpose, shall have the rinht ta examine the books of the grantee, its successors and assigns and to verify the xrxxxxox correctness of said statement, and to correct the same if found erroneous; and if said statement shall be corrected, then said payment shall be adjusted upon such corrected statement . Section 7 : This franchise xi. is made expressly subject to the con- dltion that the council shall have the rht w,ith respect to the said franchise: