HomeMy WebLinkAbout1961-291 •
ORDINANCE NO
111
AN ORDINANCE granting Boise-Cascade Corporation permission to construct,
: - maintain and operate a railway spur over and across North
8th Street and the alley east of North 8th Street 9 just
south of the tracks of the Northern Pacific Railway CO2
' Moxee Branch, within the City of Yakima, Washington.
BE IT ORDAINED BY THE CITY OF YAkIMAt
Section I. The City of Yakima does hereby grant to Boise-Cascade
Corporation the right, privilege and permission to lay down, construct,
maintain and operate one railway spur track over and across North 8th
Street and the alley east of North 8th Street and just south of the
tracks of the Northern Pacific Railway Co., Moxee Branch, in the City
of Yakima, Washington, and to operate diesel and electrically drawn
cars upon and along said track under the conditions herein set forth.
Section 2. This ordinance is adopted pursuant to Section 2
410 Article II of the Charter of the City of Yakima and permission herein
granted iS'eSpecially subject to the following conditions and regula-
tions, to-wit:
(1) The rail shall be laid to exieting street and COley grade
as established by the City Engineer, and all of said installation shall
be subject to the supervision and direction of the said City Engineer.
All of the expense of said installation, including all engineering.,
expense incurred by the City of Yakima in connection with said track,
shall be paid by the grantee.
(2) The City retaine full control of said North 8th Street
and said alley together with the right to regulate the use of said spur
track as public interest may require, and use'of said spur track shall
0 be subject to rules and regulations adopted by the City.
(3) Boise-Cascade Corporation, grantee herein, shall at all
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times pay the cost and expense of the maintenance of the crossing, and
said grantee shall . provide sufficient flagmen to protect the traffic
on said street while cars are being moved across the same.
(4) The City reserves the right for itself and any Of its
grantees to cross said track by any public utilities.
(5) The grantee shall indemnify and hold harmless the City
Of Yakima for and against any and all claims, demands, and canes of
action in any manner arising out of. or resulting from the presence of
or the use of said track.
Section 3. The permission herein granted may be withdrawn by the
City at any time the withdrawal of said permission shall be required in
the protection of the interests of the public and of the city of Yakima
and upon the termination or withdrawal of the permissieroherein granted
• or upon the abandonment 'of said spur track, said spur track shall be
removed from said street and.said street restored to the proper condi-
tion for travel as required by the City of Yakima at the coot and expense
of the grantee.
Section 4, If the grantee shall fail, neglect or refuse to comply
with any of the terms and conditions of this ordinance, the dity of
Yakima may terminate the rights herein gtanted.
Section In order to claim the permission of this ordinance and
to acquire the rights hereby granted, the grantee must, prior to the
construction of said spur track or within 30 days from the date hereof
whichever shall be the sooner, file its written acceptance of the pro—
visions of this ordinance with the City Clerk, and in the event of its
failure so to do, this ordinance shall be null and void.
• Section 6. This ordinance shall be in full force and effect 30
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days after its. passage, approval, and publication as provided by law and
III by the City Charter.
PASSED BY THE CITY COUNCIL signed and approved thisllth day of
October, 1961..
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