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ORDINANCE NO. 2276
<br /> An Ordinance granting to Independent ,Truck Company, a
<br /> corporation, and Frey,..-and Johnson, Incorporated, a corporation,
<br /> their successors and assigns the right, privilege and authority
<br /> to construct, lay down, maintain and operate a standard guage,
<br /> railroad consisting of one track over and across certain streets
<br /> andifY alley in the City of Everett.
<br /> THE CITY OF : VERETT DOES ORDAIN:
<br /> Section 1. That there ie;°and: i,s hereby granted to the
<br /> Independent Truck Company, a corporation, and Frey and Johnson,
<br /> Incorporated, a corporation, their successors and assigns, the
<br /> right, privilege and authority to construct, lay down and main-
<br /> tain a standard guage railroad consisting of one track and to
<br /> operate said railroad by steam, electricity or other mechanical
<br /> powers upon the conditions prescribed in this ordinance, along
<br /> the alley running north and south through Block 630, Plat of
<br /> Everett from a point opposite the north property line of Lot 27
<br /> in said Block to California Street; thence across California Street
<br /> connecting with the track of Everett Street Railway and continu-
<br /> ing across California Street; also across McDougal Avenue opposite
<br /> Block 662 The Tunnel Addition to Everett, connecting as a spur
<br /> track with track of Northern Pacific Railroad Company.
<br /> Section 2. the grant it this ordinance obtained is made
<br /> expressly subject to the following conditions and requirements.
<br /> A. The grantees, their successors and assigns in ,pnstruct-
<br /> ing said railway shall not tear up any street,-ot"6bstruct
<br /> the travel thereon further than is unavoidable and shall keep
<br /> such railway at all times in good repair and upon the com-
<br /> pletion of any portion of ite. track shall. , leave the street OR �zt'y
<br /> in as good condition for travel as the 's was before such
<br /> work was done and that to whatever a tent` the City of Everett
<br /> shall cause any portion of any. .etreg „ ' 'oz which any part of
<br /> said railway shall have been laid ''down: tt ,paved or re-
<br /> paved. said grantees or their successckra Sha . . at t same . ,-
<br /> time at their expense pave and keep In.;, repay i-r rwt. d et- c; ,..:1
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<br /> the rails, and for one foot o the tikitside Of'. 'rail's of ��'
<br /> its track in the same manner and`°at the.' same leve1 and with-
<br /> the 1`Lr ,ter,al as shall be a se ,.r3n paying the reet of saa 1 (`', 'rd
<br /> stree that until said streeta .; ved the.. said;trt,
<br /> be constructed so as to be even With remainder :of et e1- 8 r , ,`"",
<br /> same may be- readily crossed by wa ons and. motor ve icles. '
<br /> B. The City shall have the right 'whenevei such aot1i > ,
<br /> necessary in the interests of 'public" silty and cenvelliend-e';
<br /> to require the grantees or their successors or assigns .; - ',
<br /> flag their enginetre or trains when entering said street.0 ,
<br /> to require the elevation or depression of the track laid )
<br /> down under this franchise.
<br /> C. The grade of the street on which this railway track may
<br /> 4,., be altered or changed by the City` of Everett, and upon
<br /> fi ; the city' s causing the surface of any such street to be
<br /> ��.` brought: to'o- the, level of such altered or changed grade, the
<br /> �`' grantees. or its assigns, shall at its or their cost cause
<br /> its or th2 railway to be changed so as to conform to such
<br /> changed gr` de' of such °street or alley and such grantee shall
<br /> not have any claim or cause o a on against said city for
<br /> any. damage`'.it ..ay suxsta by "=re , of such change of grade.
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