HomeMy WebLinkAbout1959-B-2257 170
ORDINANCE NO. B-2257 oncl
AN ORDINANCE grqnting to Longview Fibre Company permission to construct
maintain and operates railway spur track over and across
West,Pine Street between South Second Avenue and South Third
Avenue within the City of Yakima.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The City of Yakima does hereby grant to Long-
view Fibre Company the right, privilege and permission to lay down, con-
struct and maintain and operate one railway spur track over and across
West Pine Street between 6 outh Second Avenue and South Third Avenue with-
in the City of Yakima, Yakima County, Washington, to be at the location
as shown in green'on the map attaOhed hereto and made a part hereof and
to operate•raiiway cars upon said track under the conditions herein set
forth.
Section 2. This ordinance is adopted pursuant to Section 2,
Article II of the Charter of the City of Yakima and the permission here-
in granted is espcially subject to the following conditions and regula-
tions, to-wit:
(1) The rail shall be laid flush with the surface of the
street and laid to grade as established by the City Engineer, and the
said installationIshall be constructed in accordance with the plans,
prepared by the City Engineer of the City of Yakima and all of said in-
stallation shall be subject to the supervision and directDp of said City
Engineer. All of the expense of said installation, including all engin-
eering expense incurred by the City of Yakima, in connection with said
track, shall be paid by the grantee.
(2), The City retains full control of said West Pine Street
between South Second Avenue and South Third Avenue, together wit# the
right to regulate the use of said spur track as public interest may re-
quire, and use ofIsaid spur track shall be subject to rules and regu-
lations adopted by the City
(3) Longview Fibre Company, grantee herein, shall at all
times pay the cost and expense of maintenance of the crossing and said
grantee shall provide sufficient flagmen to protect the traffic on said
streets while cars are being moved across same.
(4) The City reserves the right for itself and any of its
grantees to crossIsaid track by and public utilities.
(5) The grantee shall indemnify land hold harmless the City
of Yakima for and against any and all claims, demands and causes of a-
ction in any manner arising out of or resulting from the presence of or
the use of said track.
Section 3. The permission herein granted may be with-
drawn by the City Commission at a/ time the withdrawal of,said per-
mission shall be required in the protection of the interests of the
public, and of the City of Yakima, and upon the termination or with-
drawal of the perMission 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 4. If the grantee shall fail, neglect or ire-
fuse to comply with any of the terms and conditions of this ordinance,
the City of Yakima may terminate the rights herein granted.
Section 5. In order to claim the permission of thfs
ordinance and to acquire the rights hereby granted, the grantee must
prior to the construction of said spur track, or within thirty (30)
days from the date hereof, whichever shall be the sooner, file his
written acceptarice of the provisions of this ordinance with the City
Clerk, and in theievent of his failure so to do this ordinance shall
be null and void.
PASSED BY THE CITY COMMISSION ) signed and appoired this
25th day of February, 1959.
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171
ATTEST: J.A. SMITH ( S E A L ) JOE K. ALDERSON
CITY CLERK MAYOR
I hereby certifyAhat the foregoing ia a true, full and correct
copy of Ordinance No. B-2257 entitled "AN ORDINANCE granting to Longview
Fibre Company permission to construct maintain and operate a railway spur
track over and across West Pine Street between South Second Avenue and
South Third Avenue within the City of Yakima," as passed on the 25th day
of February, 1959, and that the same has been published as required by law.
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irY CLERK
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