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HomeMy WebLinkAbout009275 opportunity to defend any and all*such litigation. Section 7. Menavar the said City of Port Townsend shall cause said Water Street and said Front Street, or either thereof, to be graded on both sides of and adjacent to the railway of the su.id grantee, the said granteo, its successors or assigns ,shall 9 at its own cost and expense, grade all the space than in use and occupied by such railway, and for ow foot on each side thereof, said space to be so graded as to conform to the grade of such street as established and graded by the City of Port Townsend; Provided, however, that Such grading shall not so alter the elevation of the grantee's tracks as to interfere with the practical operation of said railway,; and whenever the City of Port Townsend shall cause to be paved or planked said streets, or either. thereof, upon each aide of said railway tracks, the grantee, its successors or assigns,shall pave or planit, as the case may be, at its own cost and expense, the space between. its tracks and for one p foot on aither side thereof, the material for said paving or planking to be done by the grantee, its successors or assigns, to conform to the materiel used for paving or planking the adjoinine portions of said street or streets by the City of Port Townsend; Provided, however, that the City Council may by resolution authorize the use of different materiel. !j Section S. That in the operation of the railway here by !j authorized the grantee, its successors or assigns, may use electricl steam,or other motive power,subjeet, however, to the lawful and reasonabla control and regulation of the City of Port Townsend. Section 9. The rights, privileges, authorities and fran- chises granted by this ordinance, and all benefits hereof, may be assigned by the said grantee, its successors or assigns;as it or t hay may at any time see fit, either as an entirety or respecting