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HomeMy WebLinkAbout1974-1679 FRANCHISE FOR BURLINGTON NORTHERN INC. 1 * ORDINANCE NO. /6 ',77 AN ORDINANCE granting to BURLINGTON NORTHERN INC. a franchise to operate and maintain a railway on a certain alley and across certain streets in the City of Yakima. Ilk BE IT ORDAINED BY THE CITY OF YAKIMA SECTION 1. Subject to the terms and conditions hereof, there be and is hereby granted to Burlington Northern Incorporated, a Delaware Corporation, hereinafter called "grantee", the right, privilege and authority to maintain Aw for a period of five (5) years from the date of this Ordinance, a single track railroad upon a centerline described as follows: 410 Commencing at the point of intersection of the centerline of the Burlington Northern main track with the south line of Section 19, Township 13 North, Range 19 East, Willamette Meridian; 'thende easterly along said south section line 313.44 feet to a Point„ on the centerline of said single track; thence north-- westerly along a curve to the left,.the'tangent 'of which at said point of intersection formsan angle of 81° 48' 51" with said south section line in the northwesterly quadrant, having a radius of 764.489 feet, subtending an angle of 10° 53' 51", a distance of 145.29 feet to a point of tangent in the centerline of the alley in Block 18 of Southern Addition to North Yakima; thence northwesterly on a tangent to said curve 125.95 feet, more or less, to a point of intersection with the south line of Race Street, which is also the north line of Block 18 extended; thence northwesterly crossing Race Street on a curve to the left, having a radius of 573.686 feet, subtending an angle of 10° 09' 44", a dis- tance of 101.75 feet to a point of reverse curve; thence ;l 44. iL 1 northwesterly on a curve to the right, having a radius of 573.686 feet, subtending an angle of 10° 09' 44", a distance of 101.75 feet, more or less, to a point of tangent, which is eight feet distant westerly, measured at angles, from the west line of the alley in Block 17 of said Southern Addition; thence north- , westerly on a tangent, parallel with and distant 8 feet westerly, measured at right angles, from the west line of the alley of said Block 17 and of Block 16 and said line extended, crossing Beech and Maple Streets and terminating in Block 15 of said. Southern Addition now in the City of Yakima, together with the right to construct and maintain such spur- tracks as may be necessary to serve industries which may be located along or which may be conveniently served by tracks leading therefrom. SECTION 2. Tracks of the grantee which are authorized by this ordinance shall be so maintained that the tops of the rails thereof shall be level with the surface of the streets or alleys on which such tracks are located. The grantee shall maintain the surface of the streets or alleys between the rails of said tracks and for a distance of 18 inches on the outside reach of said rails in a manner satisfactory to the City's Director of Public Works. Whenever the City paves, repaves, or otherwise improves street or alley areas 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 410 and for a distance of 18 inches 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 411 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. The City reserves to itself the right to control and regulate the public streets and alleys hereinabove mentioned and over which any tracksApursuant to this Ordinance may be now or hereafter established. The City further reserves the right. to improve said streets and alleys and to install and maintain therein, sewers, water mains and any other public works,.and also reserves the right, to regulate the ringing of bells and blowing of whistles by engines using said tracic and to require that the movement thereover shall be done in-a safe manner. The grantee shall not allow cars to stand on its track in any alley except for loading or unloading. 1 1 SECTION 4. The grantee, its successors and assigns, shall hold the City of Yakima harmless from every liability and damage resulting from the construction, maintenance, operation, existence or removal of the railroad tracks located in' the streets and alleys described in Section 1 hereof. SECTION 5. 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 6. If the grantee shall permanently abandon operation of any existing track or tracks, the grantee, at its own expense, shall remove the track or tracks so abandoned and restore the surface of the street or alley from which the track is removed. Nonuser by the grantee of any track or tracks for a continuous period of one year shall be conclusive evidence of permanent abandonment of track ortracks involved. SECTION 7. 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 cancelled and terminated at the option of the City (—\ Council, provided that the City shall first serve upon the grantee, at its regularly established office in Yakima, Washington, 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 8. Upon the termination of this franchise Ordinance, unless the same shall be renewed or extended, as provided 7 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 streets or alleys 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 prosecuted diligently thereafter, the City may itself remove such tracks and appurtenances and resurface the streets or alleys and 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 ,--- I fees. SECTION 9. 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 10. The grantee shall file with the City Clerk within fifteen (15) days after the passage of this Ordinance by the City Council the grantee's unqualified written „..-- acceptance thereof as a condition to enjoying the rights and privileges hereunder. PASSED BY THE CITY COUNCIL, signed and approved this day of AL"-- , 1974. Assi .7,t AfOR - ATTEST: , of • :- . 6 ,,,...„,,,,, m L„,. ,..,„ , CITY CLER (— --- -- - . . 4,. - ACCEPTANCE 0.17J'RANCHI BURLINGTON NORTHERN INC., a Delaware Corporation, does hereby accept, without qualification, the franchise granted by Ordinance No. 1679 .passed by the Yakima City 411 Council June 24, 1974 ' _ ,-entitled "AN ORDINANCE granting to BURLINGTON NORTHERN, INC., a Delaware Corporation, . a franchise to operate and Maintain a railway track on a certain alley-and across certain streets in the City of Yakima." DATED this 19th day ofSeptember , 1974. BURLINGTON NORTHERN INC. By s/J. J. Gordon Manager - Property Management 411 • • • 411 • . .