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Section 4: The City of Everett retains the right to grant to public and <br /> private utilities the right to construct, reconstruct, operate, maintain, repair and <br /> replace existing or proposed utility lines including, but not limited to, telephone, <br /> gas and electrical, under, over and across the following described property: <br /> That portion as described in Section 1 above being a strip of land 10 feet in <br /> width lying 5 feet on each side of the centerline of the electrical facilities <br /> situated therein and located approximately as shown in red on Exhibit "A" <br /> attached hereto and by reference made a part hereof; and the West 15 feet <br /> of right-of-way as described in Section 1 above; togetherwith the right of <br /> ingress and egress. <br /> Section 5: Violation Penalty <br /> a. Violation: Any person, firm or corporation, or association, or any agent <br /> of any persons, firms, corporation or association who violates any provision of this <br /> ordinance (or who fails to comply with any of the provisions herein) shall be <br /> deemed guilty of a "violation" as is defined in the Everett Criminal Code and shall <br /> be punishable by a fine not to exceed five hundred dollars ($500). Each separate <br /> day or any portion thereof during which any violation or non-compliance of this <br /> ordinance occurs or continues shall be deemed to constitute a separate offense <br /> and upon conviction thereof shall be punishable as herein provided. <br /> b. Injunctive Action and Exception: The City is authorized to apply to <br /> any court of competent jurisdiction for and such court, upon hearing and for cause <br /> shown, may grant a temporary or permanent injunction restraining any person, <br /> firm and/or corporation from violating any provision of this ordinance and <br /> compelling compliance with provisions of this ordinance, or with such other terms <br /> and conditions as the cost of such action shall be taxed against the violator, may <br /> be imposed. <br /> Section 6: Penalty and enforcement provisions provided in this ordinance <br /> shall not be exclusive and the City may pursue any remedy or relief it deems <br /> appropriate. <br /> Section 7: If any provision of this ordinance shall be declared <br /> unconstitutional or invalid by any court of competent jurisdiction, it shall be <br /> conclusively presumed that this ordinance would have been enacted without the <br /> provision so held unconstitutional or invalid and the remainder of this ordinance <br /> shall not be affected as a result of said part being held unconstitutional or invalid. <br /> Section 8: That all monies derived from the sale of the above-described <br /> right-of-way vacation shall be deposited in the City's Real Property Acquisition <br /> Fund. <br /> Section 9: Upon the payment of the required compensation and fulfillment <br /> of each and every condition recited herein, this ordinance shall be recorded with <br /> the Snohomish County Auditor. <br /> WILLIAM E. MOORE, Mayor <br /> ATTEST: <br /> (xtte <br /> CITY CLERK <br /> Passed: —/ - <br /> Valid: / CV <br /> Published: .6 & / —FY <br /> -2- <br />