HomeMy WebLinkAbout1969-1121 ORDINANCE NO. r
AN ORDINANCE granting a revocable license to Hop Extract Corporation
of America to maintain a pipe bridge over North 2nd
Avenue, in the City of Yakima, and authorizing the
issuance of a building permit therefor.
WHEREAS, Hop Extract Corporation of America has applied to the
City of Yakima for a building permit to erect a pipe bridge over
North 2nd Avenue between Lincoln Avenue and D Street, at a location
depicted on, and in accordance with, construction plans described
hereinbelow, and
WHEREAS, the construction plans have been filed with the office
of the Chief Building Inspector of the City of Yakima and examined and
approved by him and by the Yakima City Engineer for the location and
design of the pipe bridge to be erected, and such plans have further
and otherwise been examined and approved by appropriate officers of
the City of Yakima, and
WHEREAS, the City Council of the City of Yakima finds that to
grant the permit applied for would not create a safety hazard nor
otherwise constitute a detriment to the public; and the City Council
further deems it to be in the best interests of the City that the
building permit be granted and, further, that Hop Extract Corporation
of America be granted a revocable license to maintain the pipe bridge
on and over public right of way consisting of a portion of North 2nd
Avenue, all as depicted on the aforementioned construction plans, with
the granting of such revocable license to be subject to conditions
specified hereinbelow, now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The City of Yakima does hereby grant a revocable
license to Hop Extract Corporation of America, hereinafter called
licensee, to occupy a portion of public right of way on and over
North 2nd Avenue, between Lincoln Avenue and D Street, Yakima,
Washington, for the purpose of erecting and maintaining a pipe bridge
at the location depicted on, and in accordance with, construction
plans approved by the Chief Building Inspector and City Engineer of
the City of Yakima, which plans (consisting of three sheets) bear a
title block imprinted with the name, address and telephone number of
Central Steel & Tank Co., are dated December 26, 1968, and designate
the project as Job No. 29505, and which further bear the seal and
signature of John C. Poston as a registered professional engineer.
Section 2. The license hereby granted is revocable at any time
by the City Council of the City of Yakima whenever, in the judgment
of the City Council, the public interest requires or makes desirable
such revocation.
Section 3. This license is granted subject to the following con-
ditions:
(a) No alterations shall be made to the pipe bridge struc-
ture, or its location, unless and until such alteration is
approved by resolution of the Yakima City Council.
(b) The pipe bridge shall be illuminated for safety, but
in such a manner so as not to create a traffic hazard, all under
the direction of and subject to the approval of the Traffic
Engineer of the City of Yakima.
(c) The pipe bridge shall be used for no purpose other than
qlZ the support of . pipesas an incident to the manufacturing process
of licensee as contemplated by the approved construction plans
referred to above unless and until any such different or further
use is approved by resolution of the Yakima City Council.
(d) No portion of the pipe bridge on or over public right
of way shall contain any commercial advertising.
(e) Any relocation of or alteration to any public utilities
• street signs or traffic control signs or signals, or any other
public facility, which the City Manager deems necessary or
desirable because of the erection or existence of the pipe bridge
shall be performed by the City at the expense of licensee.
(f) Prior to the commencement of any work on or over public
right of way, licensee shall file with the Yakima City Clerk a
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certificate of comprehensive public liability insurance naming
the City of Yakima as an insured party and evidencing insurance
coverage in amounts not less than One Million Dollars ($1,000,000)
for each incident of, and as total aggregate coverage for, per-
il sonal injury, and One Hundred Thousand Dollars ($100,000) for
property damage, which insurance coverage shall be maintained in
effect at all times while licensee occupies any portion of the
public right of way for the existence of the pipe bridge. Fur-
ther, licensee shall,without expense to the City, defend the City
against any claim and hold the City harmless from any liability
resulting from the erection or existence of the pipe bridge,
regardless of whether or not any negligence on the part of the
City is found to exist and regardless of whether or not any
negligence on the part of licensee is found to exist at all, or
concurrently with or separate and apart from any negligence on
the part of the City which may be found to exist.
• The right reserved to the City Council by Section 2 of this
ordinance to revoke this license, and the revocable character of
the license hereby granted, shall not be affected by the expres-
sion of specific conditions in this Section 3.
Section 4. The Chief Building Inspector of the City of
Yakima is hereby authorized to issue to licensee a building permit to
erect the pipe bridge contemplated by this ordinance on the payment to
the City by licensee of the appropriate building permit fee as deter-
.
mined by the Chief Building Inspector under applicable laws.
Section 5. This ordinance shall be in full force and effect
thirty days after its passage, approval and publication as provided
• by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 7th
day of April, 1969.
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ATTEST: Mayor
City Clerk
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