HomeMy WebLinkAbout1959-B-2285 9
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ORDINANCE NO. B-2285
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" Street between the North-
ern Pacific railway tracks and First Avetue North in the City
of Yakima, Washington", and repealing Ordinance No. B-2281.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. That Section 2 of Ordinance No. B-677 of the City
II of Yakima be and the same hereby is amended to read as follows to-wit:
Section 2. That theforegoing right and privilege is granted
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 14.5 feet in height avove the surface of "C" Street.
(3) J.M. Perry & Co., by its acceptance of this grant at all
times protect and save the City of Yakima harmless from and fu110 indemni-
fied for any and every damake resulting from the construction, operation
and maintenance of said conveyor belt, or resulting from the use or presence
thereof, and in case suit or action is commenced against the City of Yakima
for damages arising out of or by reason of any of the causes aforesaid, said
J:M. Perry & Co. shall upon notice 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 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
II authorized any public utility whatever.
(5) Nothing in this ordinance contained shall be construed as
giving to the grantee herein an exclusive right or privelege to that portion
of "C" Street to be occupied by said conveyor belt, and the rights and pri-
vileges herein contained shall be subject to the right of the City Commis-
sion at any time hereafter to annul, rescind, modify or change said grant,
and the City of Yakima, hereby expressly reserves 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 donditions, restrictions and requirements herein expressed. -
Section 2. That Ordinance No. B-2281 be and the same hereby
is repealed.
Section 3. That the J.M. Perry & Co. be and it hereby is
granted a period of thirty (30) days from and after the effective date of
this ordinance in which to raise the heighth of the conveyor belt over and
across "C" Street between 1st Avenue North and the Northern Pacific Railway
tracks in the City of Yakima to the heighth specified in Section 1 hereof.
II Section 4. This Ordinance shall 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 29th
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, ful4 and correct copy
of Ordinance No. B-2285 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 It over and across "C" Street between the
Northern Pacific Railway tracks and First Avenue North in the City of Yakim
Washinton", and repealing Ordinance No. B-2281", as passed on the 29th day
of April, 1959, and that the same has been published as required by law.