Ordinance 809-81 - Laserfiche WebLink

1 Section 6: That the said City of Everett shall retain the same control over the 2 streets, avenues, alleys or other public grounds on which said railroad shall be laid down 3 as over other like places in said City, and shall have the right to regulate the speed of 4 trains within the limits of the right of way herein granted. 5 Section 7: That the said Company, a corporation, in and by accepting the 6 benefits of this ordinance, covenants for itself, its successors or assigns, that it and 7 they will hold and save the City of Everett harmless from or against any damages, costs 8 or expenses recovered against the said City by reason of the design, construction, 9 negligent operation or maintenance of the said railroad including, but not limited to, 10 signs and signal devices and shall defend any suit brought against the said City of 11 Everett, based upon damages suffered or sustained by abutting property owners or other 12 third parties by said design, construction or negligent operation or maintenance of said 13 railway upon, along or across said street and alley or other public grounds. 14 Section 8: That the said grantee, or its successor or assigns, shall be deemed 15 to have forfeited and abandoned all privileges and franchises conferred by this 16 ordinance unless it shall, within six (6) months after the taking effect of this ordinance, 17 file in the office of the City Clerk a copy of a resolution duly adopted by its Board of 18 Directors, or by the Executive Committee or Finance Committee of such Board, 19 thereunto duly authorized, which resolution shall be duly certified and attested by the 20 Secretary under its corporate seal, accepting the benefits of this ordinance and the 21 rights, privileges and authorities hereby granted, subject to all the conditions, restric- 22 tions, specifications and requirements herein expressed. In lieu of such resolution, the 23 grantee may, within the time aforesaid, file with the City Clerk a written acceptance 24 signed by any corporate officer thereunto duly authorized; provided such aceptance 25 shall be accompanied by evidence of such officer's authority duly certified and attested 26 by the Secretary or Assistant Secretary of the corporation. 27 Seciton 9: That if the said grantee, or its assigns, shall at any time fail or 28 neglect for the period of ninety days to comply with the conditions of this ordinance 29 (other than Section 8 hereof), it shall be lawful for the City Council of said City (unless 30 such failure shall be the result of, or be caused or produced by accident, the elements, 31 32 -3-