HomeMy WebLinkAbout1958-B-2168 41
ORDINANCE NO. B-2168
AN ORDINANCE granting Joe Klingele, doing as Klingele Fuel Com-
pany, permission to construct, maintain and operate a rail-
way spur tract across and along South Fourth Avenue within
the City of Yakima, and repealing Ordinance No. B-676.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Ordinance No. B-676 passed and approved by the
City Commission December 10, 1945, is hereby repealed in its entirety.
' Section 2. The City of Yakima does hereby grant to Joe
Klingele, doing business as Klingele Fuel Company, the right, privilege
II
and permission to down, construct, maintain and operate one railway
spur tract across and along South Fourth Avenue in the City of Yakima,
Washington, to be at the location as shown on the map attached hereto and
made a part thereof, and to operate electrically drawn cars upon and
along said track under the conditions herein set forth.
Section 3. This ordinance is adopted pursuant to Section 2
Article 11, of the Charter of the City of Yakima, and permission herein
granted is especially subject to the following conditions and regulations,
to-wit:
(1) The rail shall be laid to grade as established by the
City Engineer and the said installation shall be constructed in accor-
dance with the plans prepared by the City Engineer of the City of Yakima
and all of said installation shall be subject to the supervision and dir-
ection of the said City Engineer, All of the expense of said installation
including all engineering expense incurred by the City of Yakima in conn-
ection with said track, shall be paid by the grantee.
(2) The City retains full control of South Fourth Avenue,
together with the right to regulate the use of said spur track as public
interest may require, and useof said spur track shall be subject to rules
II and re ulations ado ted by the City.
g adopted . Y
(3) Joe Klingele, grantee herein, shall at all times pay
the cost and expense of the maintenance the crossing and said grantee
shall provide sufficient flagment 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 causes of
action in any manner arising out of or resulting from the presence of or
the use of said track.
Section 4. The permission herein granted may be withdrawn
by the City Commission 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 per-
mission herein 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 condition for travel'as required by the City of Yakima at the
cost and expense of the grantee.
Section 5. If the grantee shall fail, neglect or refuse to
comply with any of the terms and conditions of this ordinance the City of
III Yakima may terminate the rights herein granted.
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Section 6. In order to claim the permission of this Ordin-
ance and to acquire the rights hereoy granted, the grantee must prior to
the construction of said spur track, or within 30 days from the date
hereof, whichever shall be the soomer, file his written acceptance of the
provisions of this ordinance with the City Clark, and in the event of his
failure so to do this ordinance shall be null and void
42
(7,
PASSED HY THE CITY COMMISSION, signed and approved this
21 day of May, 1958.
ATTEST: MARIE DONELSON ( S E A L ) JOE K. ALDERSON
DEPUTY CLERK MAYOR
I hereby certify that the foregoing is a true, full and complete
copy of Ordinance No. B-2168 entitled "AN ORDINANCE granting Joe Klingele
doing busine.s as Klingele Fuel ( aompany, permission to construct, main-
tain and operate a railway spur track across and along South Fourth Ave-
nue within the City of Yakima, and repealing Ordinance No: B-676," as
passed on the 21 day of May, 1958, and that the same has been published
as required by law.
.. T/Y CLERK