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HomeMy WebLinkAbout1950-B-1195 ORDINANCE NO. B -1195 AN ORDINANCE granting to the Northern Pacific - Company, a corporation of the State of Wisconsin, and to its successors and assigns, the right, privilege, license and authority to construct, operate and maintain a certain railroad spur track in the City of Yakima, Yakima County, Washington. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF YAKIMA: Section 1. That there be and hereby is granted unto the Northern Pacific Railway Company, a corporation of the State of Wisconsin, its successors and assigns, the right, privilege, license and authority to enter upon and construct, maintain and operate a single railroad spur track to serve industries in the south industrial dis- trict of the :City of Yakima, over and across South Third Street in the City of Yakima, Yakima =County, Washington; the center line of said track being described as follows, to -wit: Beginning at a point in the West line of South Third Street distant 376 feet, more or less, North, measured at right angles from the center line of East Washington Street; thence East at an angle to a point in the East line of South Third Street distant 365 feet, more or less, North, measured at right angles from said center line of East Washington Street. The center line of the spur track hereinabove referred to is more parti- cularly set out in the plat hereto attached, and by this reference made a part hereof. Section 2. The rails of said spur track shall be installed by the Railway Company at its own expense and shall comply with all specifications and regulations which may be called for by the proper officials of the City of Yakima. The portions of said street between the rails and for two feet on each side thereof, shall be paved and maintained by the Railway :Company at its expense in a manner satisfactory to the City Engineer of the City of Yakima; and in the event that the City of Yakima shall deem it essential to reconstruct or resurface or change in any other substantial manner the surface of the street in the vicinity of said spur track, the work of surfacing between the rails and for two feet on each side thereof shall be done by or under authority of the City of Yakima, and the Railway Company will, upon receipt of bill therefor, pay all expenses of said work between the rails of said spur track and two feet on each side thereof. Section 3. The Railway Company will install and maintain at its own ex- pense such traffic lights and signals at the point where said track crosses the street herein mentioned, as the proper officials of the City of Yakima may require. Section 4. The Railway Company agrees to conduct switching operations upon said track across said street in compliance with all traffic regulation, state laws and city ordinances; and agrees that it will not block the passage of traffic upon said South Third Street in any one switching operation for a period longer than three minutes; and will limit the use of said spur'track for switching purposes to such hours as may be designated by ordinance or resolution of the City of Yakima. Section 5. The construction of the spur railroad track herein provided for, and on the location hereinabove designated, shall be for the purpose of providing for railroad facilities for industries located on property to which said spur track is available. Said spur track shall be added to by the extension thereof or by construct- ing branch spurs thereto, at any time in the future when the City Commission of the City of Yakima deems the same to be advisable. Section 6. The permission herein granted may be withdrawn by the City Commission, at any time when in the opinion of the City Commission the protection of I/ the interests of the public and of the City of Yakima requires the removal of said spur railroad track. Upon receipt of notice of the withdrawal of permission herein granted, or upon the abandonment of said spur railroad track, the same shall be removed from the City street as soon as possib and said street shall be restored to proper con- dition for travel as required by the City Commission of the City of Yakima. The entire cost of labor and material in removing said spur railroad track and in repaving or re- surfacing the street shall be borne by the Railway °Company. Section 7. The granting of this license and permission to construct said spur track shall be subject to . the paramount right of the City of Yakima to at any time construct necessary ditches, sewers, gas, water or other pipe lines under said track; said construction to be made in a manner so as to not unreasonably interfere with the operation of said track by the Railway Company, its successors or assigns, for the pur- poses for which it is constructed. Section 8. The said Railway Company 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 or use of said spur track; and if said Railway Company shall fail, neglect or refuse to comply with any of the terms and conditions of this Ordinance, the City of Yakima may terminate the rights herein granted. Section 9. The Northern Pacific Railway Company, a corporation, its successors, or assigns, shall file with the City Clerk of the City of Yakima, Washington, its acceptance of this Ordinance in writing, within thirty (30) days after the same takes effect; or otherwise said Ordinance shall be of no further force or effect. Section 10. This Ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. PASSED BY THE CITY 'COMMISSION, signed and approved, this 20th day of November, 1950. G. W. BURNS ATTEST: PEARL BENJAMIN ( S E A L ) Mayor City Clerk (Continued) 183 (Continued from Page 182) I hereby certify that the foregoing is a full, true and correct copy of Ordinance No. 13-1195 entitled: "AN ORDINANCE granting to the Northern Pacific Rail- way Company, a corporation of the State of Wisconsin, and to its successors and assigns, the right, privilege, license and authority to construct, operate and maintain a certain railroad spur track in the City of Yakima, Yakima County, Washington." as passed on this 20th day of November,. 1950, and that same has been published as required by law. • CITY h ERK 1 1