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ORDINANCE NO. / 3 = 2, 3 7—
AN ORDINANCE discontinuing and abandoning a contemplated public im-
provement project consisting of B Street and Lincoln Ave-
nue railroad overcrossings, directing the Yakima City
Attorney to discontinue and abandon pending condemnation
proceedings for that project; recognizing and preserving
410 rights vested in certain parties in connection with the
discontinued and abandoned project and proceedings;
repealing Ordinance No. 1200, passed January 19, 1970,
Ordinance No. 1209, passed March 16, 1970, and Ordinance
No. 1298, passed April 12, 1971; and declaring an emer-
gency.
WHEREAS, by Ordinance No. 1200, passed January 19, 1970, the City
of Yakima approved plans for the construction of two overhead viaducts
on B Street and Lincoln Avenue crossing railroad tracks between lstSt.
and 3rd Avenue; and by Ordinance No. 1209, passed March 16, 1970,
condemnation proceedings were commenced to facilitate such construc-
tion, and
WHEREAS, by Ordinance No. 1298, passed April 12, 1971, the pro-
ject as originally contemplated was reduced in scope and a portion of
410 that project, consisting of the viaduct on Lincoln Avenue, was aban-
doned and deleted from the project and proceedings for that portion of
the project were discontinued by that ordinance, and
WHEREAS, the City Council now finds that the public interest,
convenience and necessity do not require the construction of such over-
head viaducts on either Lincoln Avenue or on B Street, and that the
entire project originally contemplated by said Ordinances No. 1200 and
No. 1209, and proceedings therefor, should be discontinued and aban-
doned so that no viaduct will be constructed on either Lincoln Avenue
or on B Street; and the City Council further finds that all the afore-
mentioned ordinances authorizing that project and proceedings therefor
• should be repealed, now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The entire project, consisting of ramps and overhead
viaducts on B Street and on Lincoln Avenue crossing the tracks of the
Union Pacific Railroad Company and the Northern Pacific Railway Com-
pany (now Burlington - Northern, Inc.) between 1st Street and 3rd Avenue,
N
and proceedings therefor, are hereby discontinued and abandoned; and
Ordinance No. 1200, passed January 19, 1970, Ordinance No. 1209,
passed March 16, 1970, and Ordinance No. 1298, passed April 12, 1971,
are hereby repealed.
Section 2. The Yakima City Attorney is hereby directed to take
appropriate action in pending Cause No. 53117, in the Yakima County
Superior Court, whereby property rights have been condemned to facili-
tate the construction of the contemplated project, to dismiss and dis-
continue that cause, and the proceedings therein.
Section 3. This ordinance is intended to constitute a discon-
tinuance and abandonment of the entire project as aforementioned, and
as a discontinuance and abandonment of the proceedings therefor, pur-
suant to and in accordance with the provisions of R.C.W. 8.12.530, and
this ordinance shall be liberally construed so as to accomplish that
purpose; provided, however, that nothing in this ordinance shall be
. construed to derogate from rights vested by judgment or order in con-
nection with the award of attorneys fees and costs in proceedings pre-
viously undertaken in connection with the improvement project as
originally contemplated by and commenced pursuant to the aforesaid
ordinances No. 1200 and No. 1209 as those rights now exist or as they
may hereafter be determined in the regular course by legal proceedings,
it being the intent of this ordinance to abandon and discontinue pro-
ceedings so that the City shall not be liable for damages to respon-
dents in that action which may otherwise arise from the contemplated
construction of the project, all as provided by R.C.W. 8.12.530.
Section 4. This ordinance is one to provide for the immediate
• preservation of the public peace, property, health, safety and . welfare
of the people of the City of Yakima and an emergency is hereby
declared to exist and this ordinance shall, be in full force and effect
immediately upon its passage, approval and publication as provided by
law and by the City Charter.
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PASSED BY THE CITY COUNCIL, signed and approved this 2nd day of
August, 1971.
11 0 Mayor
ATTEST:
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City Clerk
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