|
, eseesesevieseenteiiil,
<br /> seleseneneineeeess. ,ttitti6v.,PLAN.;14411L'i` fie en nsiweeeTiei.Cceleinei
<br /> neeneseneitseeneeeieeeitseeeeoe'en Seeent 'eseen ettentiefeeinnieeenilenienee'en•ese
<br /> 'T,N44"'"'
<br /> ._
<br /> •
<br /> D - This franehtse and all. trims constructed thereunder, or need
<br /> in connection therewith, other than rolling stock and power, shall
<br /> be subject to commcn use by any ether grantee or a,signee of ary.
<br /> other franchise, whenever there shall he necessity therefor, upon
<br /> paysent of compensaticn for such usee„
<br /> The question-of necessity, compenseticn and all ether qeestiens
<br /> relating thereto shall be judicial questions, but no judicial pros,
<br /> ceedings shall suspend or postpone such use if the person or core
<br /> eeratiet definimg eueecemmen nee Phan de'Posit ,Seet he-COUrt, • -
<br /> such sum as is the COurt in a preliminary hearing may determine*
<br /> E The erantee shall within sixty days after the adoption of
<br /> this crdinanee file with the said Clerk an unqualified acceptance of
<br /> all the terms, conditions and restrictions of tee franchise hereby
<br /> granted.
<br /> Section 17, The City of Everett shall retain the same control
<br /> ef the street upon and acrose which said railway track shall he
<br /> laid dcwn, as over other streets in said City, and shall have the
<br /> right at all times, by general ordinances to reeulate speed of
<br /> locomotives and trains within the limits of the franchise hereby
<br /> eranted,and tee neximen period of time fOr which locomotives,
<br /> care or trains shell be allowed to blockade, travel along, or se
<br /> cross tee street merticeed in this grant, and shall have such
<br /> further control and Felice power over mach street as the City Char"
<br /> ter an tee State laws nay row or eereafter permit,
<br /> Section V. . The City of Everett hereby reserves to itself and its
<br /> grantee the right to carry all water mains, sewer mains, gas pipes
<br /> and conduits and all public utilities underneath and wires above
<br /> the track herein autherieed, and the right Of access to any space
<br /> , Pe.e.WeelebYeifieic. r e lisite baisLestrette seed 'Pete
<br /> rigtrteUrOSer nOliAdettiiiiktarielleie-Of
<br /> cOnStrintiOn; nàeitetairieti, reP s sent en, and. inspect on of
<br /> any such public utilities, welch- right elketI be exercised , bewever,
<br /> so as to interfere as little as practicable with the use of said
<br /> track, and so as to leave the right ef way occupied thereby ree
<br /> stored to as good condition as prior to any exercise of such. right.
<br /> Section VI. This ordinance shall not take effect until after the
<br /> applicant bee deposited with the City Clerk a certified check in
<br /> the men of *100.00 payable to the City Treasurer, the check so de-
<br /> . posited shall be held for one year as a guaranty of good taith by
<br /> said applicant, at the end cf which time, if the grantee shall have
<br /> comelied with all of the requirements cOntained in said franchise
<br /> said dercsit shall be returned to it.
<br /> If during said Year the grantee shall at any time fail to comply
<br /> with any requirements in said franchise t he said deposit shall be
<br /> forfeited and thereupon the same shall become the absolute property •
<br /> of said City.
<br /> Section VII, Said granites hereby agrees and covenants for ite
<br /> self, its seccessors, and assigns, to and, with the City of Everett,
<br /> to protect and save harmless the saidCitY from all cleice, demands,
<br /> and caesies of action for oat cf eve:ry kind and description,
<br /> which nay arise, accrue to, or be suffered by arty persomor core
<br /> poration by reason of the construction and maintenance or operation
<br /> of said railway track, or appurtenances, over and across the street
<br /> hereintefcre renticned.
<br /> In case any suit or action shall be brought against said City of
<br /> Everett, upon any claim 'demand or cause of action, as aforesaid
<br /> said grantee for itself, its successors and assigns, agrees upon
<br /> receiving written notice thereof, to defendsaid suit at its sole
<br /> cost and expense, and said grantee, its successors, and assigns,
<br /> aerees to hold. said Cite of Everett free and harmless against any
<br /> judgment recovered upon any such claim, Berard or cause of action,
<br /> and in case any judgment shall he rendered against the City of
<br /> Everett, in any such suit or actiOn, said grantee its successors
<br /> or assigns, shall fully satisfy said judgment within sixty days
<br /> after such suit or action shall have been finally dete.rminsd, if
<br />
|