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HomeMy WebLinkAbout1957-B-2088 591 ORDINANCE NO. B -2088 . AN ORDINANCE granting to W.P. Fuller & Co. permission to construct, maintain, and operate a railway spur track across South Fifth Avenue and West Pine Street within the City of Yakima. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The City of Yakima does hereby grant to W.P. Fuller & Co. the right, privilege and permission to lay down, construct and maintain and operate one rail- way spur track over and across South Fifth Avenue and West Pine Street within the City of Yakima, ,Yakima County, Washington, to be at the location as shown in color on the map attached hereto and made a part hereof and to operate railway cars upon said tract' 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 herein granted is especially subject to the following conditions and regulations, 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 installation shall be constr- ucted in accordance 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 direction of said City Engineer. All of the expense of said installation, including all engineering ex- pense 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 South Fifth Avenue and Pine Street, together with the right to regulate the use of said spur track as public interest may require, and use said spur track shall be subject to rules and regulations adopted by the City. i (3) W.P. Fuller & Co., grantee herein, shall at all times maintain, or have maintained by the Railway Co., the crossing in a condition satisfactory to the City Eng- ineer. This maintenance shall include the area between the existing track and the new track to be constructed under this ordinance. The grantee shall at all times pay the cost and espense of such maintenance, and shall cause such maintenance to be performed within 60 days after being notified in writing, by the City Engineer, that such work is necessary. 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 cross said track by any public utiliths. (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 3. The permission herein granted may be withdrawn by the City Comm- ission 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 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. Specific attention is brought to the fact that South Fifth Avenue is on a Federal Aid route and is proposed to be a major arterial thoroughfare. Upon the develop- ment of this route, if it is considered to be in the best interests of the public and the City of Yakima, the permission herein granted may be withdrawn and the track removed. Section 4. If the grantee 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 5. In order to claim the permission of this ordinance and to acq- uire the rights hereby granted, the grantee must prior to the construction of said spur track, or within thirty (30) days from the date hereof, which ever shall be sooner, file his written acceptance of the provisions of this ordinance with the City Clerk, and in the event of his failure so to do this ordinance shall be null and void. PASSED BY. THE CITY COMMISSION, signed and approved this 16th day of October, 1957. 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 -2088 entitled "AN ORDINANCE granting to W.P. Fuller & Co. permission to construct maintain, and operate a railway spur track across South Fifth Avenue and West Pine Street within the City of Yakima. ", as passed on the 16th day of October, 1957, and that the same has been published as required by law. e cm 0 0 1 0 0 . t r Y C L E R K