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10 <br /> in such form and size, and at such time or times as said city of <br /> Everett may require, and the expense and cost thereof and all <br /> damages occasioned thereby to the owners ' of abutting property or <br /> others, shall be paid by said grantee, its successors or assigns, <br /> who shall thereafter keep and maintain in good repair said viaducts <br /> and each of them, ' or the city of Everett may, whenever reasonable <br /> necessity therefor exists, require said tracks to be carried over <br /> and across said streets on overhead crossings. <br /> (d) The grade of any street or alley on which any railway <br /> track may be constructed under this franchise may be altered or <br /> changed by the city of Everett , and upon the city's causing the <br /> surface of any such street to be brought to the level of such alter - <br /> ed or changed grade, the grantee or its assigns shall at its or their <br /> cost, cause its or their railway to be changed so as to conform to <br /> such changed grade of said street or alley, and said grantee shall <br /> not have any claim or cause of action against said city for any <br /> damage it may sustain by reason of such change of grade. <br /> ( e) This franchise and all things constructed thereunder <br /> or used in connection therewith, other than rolling stock and power, <br /> shall be subject to common use by any other grantee or assignee of <br /> any other franchise, whenever there shall be necessity therefor, <br /> upon payment of compensation for such use. The question of necessity , <br /> compensation, and all other questions relating thereto, shall be <br /> judicial questions, but no judicial proceedings shall suspend or <br /> postpone such use if the person or corporation desiring such common <br /> use shall deposit in the court such sum as the court, in a prelimin- <br /> ary hearing, may determine. • <br /> (f) Grantee shall within sixty days after the adoption of <br /> this ordinance file with the city clerk an unqualified acceptance <br /> of all the terms, conditions and restrictions of the franchise here- <br /> by granted. <br /> Section 4: The city of Everett shall retain the same control <br /> of the streets upon and across which said railway tracks shall be <br />