The URL can be used to link to this page

Home My WebLink About1975-1743 FRANCHISE ISSUED FOR OREGON-WASHINGTON RAILROAD & NAVIGATION COMPANY & UNION PACIFIC RAILROAD COMPANY. ORDINANCE NO. /7 AN ORDINANCE granting to OREGON-WASHINGTON RAILROAD & NAVIGA- TION COMPANY and its lessee UNION PACIFIC RAILROAD COMPANY, a franchise to operate and maintain a railway track across Division Street in the City of Yakima. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Subject to the terms and conditions hereof, there be and is hereby granted to OREGON-WASHINGTON RAILROAD & NAVIGATION COMPANY, an Oregon corporation, and its lessee UNION PACIFIC RAILROAD COMPANY, a Utah corporation, hereinafter collectively called "grantee", the right, privilege and authority to maintain for a period of five (5) years from the date of this Ordinance, a railroad track upon a centerline described as follows: Commencing on the South line of Division Street which is the South line of Section 19, Township 13 North, Range 19, E.W.M. at a point which is • 180 feet East of the Southeast corner of said Section 19 and intersects with the center line of the industrial spur track of the Oregon-Wash- ington Railroad & Navigation Company and its lessee Union Pacific Railroad Company; thence North a distance of 35 feet to a point in the North line of Division Street, which point is 180 feet East, measured at right angles of the West line of said Section 19 and 35 feet North measured at right angles of the South line of said Section 19, Township 13 North, Range 19 E.W.M. in the City of Yakima, County of Yakima, State of Washington. Section 2. Tracks of the grantee which are authorized by this ordinance shall be so constructed and maintained that the tops of the rails thereof shall be level with the surface of the street on which such tracks are located. The grantee shall maintain the surface of the street between the rails of said tracks and for a distance of 13 inches on the outside of said rails in a manner satisfactory to the City's Director of Public Works. Whenever the City paves, repaves, or otherwise improves the street area occupied by said tracks, the grantee shall pave, repave or improve in the same manner that portion of the street area between the rails of said tracks and for a distance of 18 inches -1- . 410 on the outside of each rail, and shall thereafter maintain the portion so paved, repaved, or improved by the grantee. All said work shall be done by the grantee at its own cost and expense and in accordance with the standards of the City's Director of Public Works. In the event the grantee shall fail to perform and do said work, the City may perform said work and charge the cost thereof, including engineering expense, to the grantee, together with an additional 10 per cent, and if not paid within thirty (30) days after billing the grantee therefor, the City may maintain civil suit to collect the same and recover reasonable attorney's fees against the grantee in said suit. Section 3. Grantee at its own cost and expense will restore to its original condition or better, the existing pavement on the street which is damaged during the installation of grantee's tracks. Section 4. The City reserves to itself the right to control and regulate the public street hereinabove mentioned and over which any tracks pursuant to this Ordinance may be now or hereafter established. The City further reserves the right to improve said street and to install and maintain therein, sewers, water mains and any other public works, and also re- serves the right, to regulate the ringing of bells and blowing • of whistles by engines using said track and to require that the movement thereover shall be done in a safe manner. Section 5. The grantee, its successors and assigns, shall hold the City of Yakima harmless from every liability and damage resulting from the construction, maintenance, opera- tion, existence or removal of the railroad tracks located in the street described in Section 1 hereof. Section 6. As compensation for the rights granted by the City to the grantee under this Ordinance, the grantee shall pay to the City, a one time charge of $50.00, which shall be payable within thirty (30) days after the adoption of this Ordinance by the City Council. Section 7. If the grantee shall permanently abandon operation of any exisiting track or tracks, the grantee, at its own expense, shall remove the track or tracks so abandoned and restore the surface of the street from which the track is removed. Nonuse by the grantee of any track or tracks for a continuous period of one (1) year shall be conclusive evidence of permanent abandonment of track or tracks involved. • -2- Section 8. In the event of the failure or neglect of the grantee to comply with the terms or conditions of this Ordinance, this franchise and all rights hereunder may be 1111 cancelled and terminated at the option of the City Council, provided that the City shall first serve upon the grantee, at the address specified in its acceptance of this franchise, written notice specifying the defaults claimed in requiring the grantee to remove and remedy such defaults within thirty (30) days, and if so removed, this franchise shall remain in good standing, but if not removed, such termination shall be in full force and effect. Section 9. Upon the termination this franchise Or- dinance, unless the same shall be renewed or extended, as provided by law, but subject to applicable state or federal laws, the grantee shall likewise remove its tracks and the pertinent facilities from the above mentioned street of the City. In the event the grantee shall fail to remove the tracks and appurtenances referred to in this Ordinance as in this section provided, the City of Yakima may notify the grantee to remove the same; and if such removal shall not have been commenced within fifteen (15) days after such notice and pro- secuted diligently thereafter, the City may itself remove such tracks and appurtenances and resurface the street and, subject to a credit for the salvage value of the track removed charge the cost thereof, including all engineering expense, together with an additional 10 per cent, to the grantee; and if said • amount shall not be paid within thirty (30) days from submission of the bill to the grantee therefor, civil proceedings may be instituted by the City against the grantee of which the City shall be entitled to recover reasonable attorney's fees. Section 10. The franchise hereby granted shall take effect thirty (30) days after the date of • its publication, and, unless sooner terminated pursuant to the provisions hereof, shall be and remain in full force and effect for a period of five (5) years from and after said effective date. Section 11. The grantee shall file with the City Clerk within fifteen (15) days after the passage of this Or- dinance by the City Council the grantee's unqualifed written acceptance thereof as a condition to enjoying the rights and privileges hereunder. PASSED (5 CITY COUNCIL, signed and approved this day of , 19 7.7 zr , ATTEST:. ■• • - City Clrk iMayor -3- • •-• • 11/ ACCEPTANCE OF FRANCHISE OREGON-WASHINGTON RAILROAD & NAVIGATION COMPANY, an Oregon corporation, and its lessee UNION PACIFIC RAILROAD COM- PANY, a Utah corporation, do hereby accept, without qualifica- tion, the franchise granted by Ordinance No. passed by the Yakima City Council entitled "AN ORDINANCE granting to Oregon-Washington Railroad & Navigation Company, an Oregon corporation, and its lessee Union Pacific Railroad Company, a Utah corporation, a franchise to operate and maintain a railway track across Division Street in the City of Yakima." DATED this day of , 19 OREGON-WASHINGTON RAILROAD & NAVIGATION COMPANY UNION PACIFIC RAILROAD COMPANY By • -4- A • • se/x6 5Tr7etr Zeeible0,7e_e_