HomeMy WebLinkAbout1959-B-2281 198 f'BA
ORDINANCE NO. B-2281
orr fl onoiriANcE 140. ,
AN ORDINANCE amending Ordinance No. B-677 entitled "AN ORDINANCE grant-
ing J.M. Perry & Co. the right to construct, operate and
maintain a conveyor bilt over and across "C" Street between
the Northern Pacific Railway tracks and First Avenue North
in the City of Yakima, Washington."
WHEREAS Ordinance No. B-677 granted to J.M. Perry & Co., a
corporation, the right and privilege to construct, operate and maintain
a conveyor belt over and across "C" Street between 1st Avenue North and the
Norther Pacific Railway tracks in the City of Yakima, Washington, and
WHEREAS Sub-section 2 of Section 2 of said Ordinance pro-
vided that the said conveyor belt and all parts thereof be at least 12i
feet in heighth above the surface of "E" Street, and.
WHEREAS, the said J.P. Perry & Co. constructed said con-
veyor belt and all parts thereof 13 feet 3 inches in heighth above the
surface of "C" Street, and
WHEREAS, in 1955 the State Legislature of the State of
Washington increased the allowable heighth of motor vehicles operating
upon the highways in this state to 13 feet 6 inches, and
WHEREAS there are a number of trucks and/or trailers
operating in an about the City of Yakima of the overall heighth of 13
feet 6 inches, and
WHEREAS, within the past few months, upon three separate
occasions, vehicles of the aforesislid legal heighth of 14 feet 6 inches
have run into the said conveyor belt constructed and maintained by the
said J.N. Perry & Col across "C" Street as aforesaid, and
WHEREAS, because of the extremely limited number of streets
crossing the Northern Pacific Railway tracks in the City of Yakimq, it
is deemed in the best interest of the people of the City of Yakima that
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the heighth above the surface of said "C" Street of the said conveyor
belt and all parts thereof be raised, now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. That Section 2 of Ordinance No. B-677 of the
City of Yakima be and the same hereby is amended to read as,follows
to-wit:
Section 2. That the foregoing rith and privilege is grant-
ed subject to the following conditions and requirements, to-wit:
(1) The City of Yakima shall retain the same control of
said "C" Street where said conveyor belt shall cross and pass over said
street as other streets and avenues.
(2) Said conveyor belt and all parts thereof shall be at
least 15' feet in heights avove the surface of "C" Street.
(3) J.M. Perry & Co., by its acceptance of this grant
agrees at all times protect and save the City of Yakima Harmless from a
and fully indemnified for any and every damage resulting from the con-
struction, operation and maintenace of said conveyor belt, or resulting
from the use or presence thereof, and in case suit or action is commen-
ced against the City of Yakima for damages arising out of ro by reason
of any of the causes aforesaid, said J.M. Perry & Co. shall upon not-
ice to it of the commencement of said action defend the same at its
sole cost and expense, and in case judgment shall be rendered against
the City of Yakima in such suit or action, will fully verify such
judgment within thirty (30) days after such suit or action shall have
been finally determined adversely to said City.
(4) The City of Yakima hereby reserves to itself and to
any of its grantees the right to carry over or under said conveyor belt
herein authorized any public utility whatever.
(5) Nothing in this ordinance contained shall be construed
as giving to the grantee herein an exclusive right or privilege to that
portion of "C" Street to be occupied by said conveyor belt, and the
right of the City Commission at any time hereafter to annul, rescind,
modify or change said grant, and the City of Yakima hereby expressly re-
serves the right at any time hereafter so to annul, rescind, modify or
change said grant.
(6) In order to claim the benefits of this ordinance the
grantee herein shall within thirty (30) days after the taking effect of
this ordinance file in the office of the City Clerk its written acceptance
of this ordinance and the rights and privileges hereby granted subject to
all the conditions, restrictions and requirements herein expressed.
Section 2. This Ordinance shall be, and is hereby declared
to be in full force and effect thirty (30) days from and after its final
passage, approval and publication, as provided by law and the City Charter.
PASSED BY THE CITY COMMISSION, signed and approved this 22nd
day of April, 1959.
ATTEST: J.A. SMITH ( S E A L ) JOE K. ALDERSON
CITY CLERK MAYOR
I hereby certify that the foregoing is a true, full and correct
copy of Ordinance No. B-2281 entitled "AN ORDINANCE amending Ordinance
No. B-677 entitled "AN ORDINANCE granting J.M. Perry & Co. the right.to
construct,operate and maintain a conveyor belt over and across "C" Sreet
between the Northern Pqcific Railway tracks and First Alienue North in
the City of Yakima, WasOington.",as passed on the' 22nd say of April, 1959,
and that the same has been published as required by law.
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CLERK
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