Ordinance 4314 - Laserfiche WebLink

• • , , other times as is necessary to conform with the requirements of this ordin- ance. The grantee also agrees that it will erect such signs and signals as the City deems reasonably necessary to protect life and property and will have a flagman on duty to warn traffic whenever locomotives, trains or cars are using, or are about to use, said spur track. Section 5. The City of Everett shall retain the same control over and use of the street or avenue on which said spur track is constructed as over other like places in said City. The City of Everett shall have the right to regulate the speed of trains within the limits of the right-of way herein granted. Section 6. That the said Great Northern Railway Company, a corporation, in and by accepting the benefits of this ordinance, covenants for itself, its successors or assigns, that they will hold and save the City of Everett harm- less from or against any damages, costs or expenses recovered against the said City by reason of the construction, negligent operation, or maintenance of said spur track and shall defend any suit brought against the City of Everett based on damages suffered or sustained by abutting property owners by the construction or negligent operation for maintenance of said track over and across said street or avenue. Section 7. That the said grantee or its successors or assigns shall be deemed to have forfeited and abandoned all privileges and franchises conferred by this ordinance unless it shall within six months after the taking effect of this ordin- ance file in the office of the City Clerk a copy of a resolution duly adopted by its Board of Directors or by the Executive Committee or Finance Committee of such board, guaranteed duly authorized, which resolution shall be duly certified and attested by the Secretary under its corporate seal, accepting the benefits of this ordinance and the rights, privileges and authorities hereby granted, subject to all the conditions, restrictions, specifications and require- ments herein expressed. In lieu of such resolution the grantee may within the time aforesaid file with the City Clerk a written acceptance signed by any corporate officer thereto duly authorized, provided such acceptance shall be accompanied by evidence of such officer's authority duly certified and attested by the Secretary or Assistant Secretary of the corporation. Section 8. That if the said grantee or its assigns shall at any time violate the provisions of this ordinance, or neglect for a period of ninety days to comply with the conditions of this ordinance other than Section 7, it shall be lawful for the City Council of said City (unless such failure shall be the result of or produced by accident, the elements, or an act of God) to declare by ordinance the forfeiture of all rights and privileges herein granted. Section 9. That the said grantee or its successors or assigns shall not issue any capital stock on account of the privileges and franchises conferred by this ordinance, nor shall the said grantee or its successors and assigns have any right to receive, upon a condemnation proceeding brought by the City to acquire the public utility using such privileges and franchises conferred by this ordinance, any return on account of the franchise or its value. MAYOR ATT0,. : DEPufCity Clerk-Crrnspax Passed: 9 - ' -bfr Published: Ordinance - 2