HomeMy WebLinkAbout1957-B-2097 !ioo
ORDINANCE NO. B -2097
AN ORDINANCE granting Cascade Lumber Company, doing business as Cascade Lumber Company,
permission to construct, maintain and operate a railway spur track over and
across East "H Street between North 6th. street and North 7th S within
the City of Yakima, and north along the unvacated portion of North 7th Stream .
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The City of Yakima does hereby grant to Cascade Lumber Company,
doing business as Cascade Lumber Company, the right, privilege and permission to lay down
construct, maintain and operate one railway spur track over and across East "H" Street
between North 6th Street and North.7th Street, and North along the unvacated portion of
North 7th Street in the City of Yakima, Washington, and to operate electrically 9 deieel
drawn cars upon and along said track under the conditions herein set forth.
Section 2. This ordinance is adopted pursuant to Section 2, Article 11, of
the Charter of the City of Yakima, and permission herein granted is especially subject to
the following conditions and regulations, to -wit: .
(1) The rail shall be laid to grade as established by the City Engineer and
the said installation shall be constructed 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 the said City Engineer. All of the expense of said install-
ation, including all engineering expense incurred by the City of Yakima in connection wit
said track, shall be paid by the grantee.
(2) The City retains full control of East "H" Street and unvacated portion
of North 7th Street, together with the right to regulate the use of said'spur track as
public interest may require, ajd use of said spur track shall be subject rules and
regulations adopted by the City.
(3) Cascade Lumber Company, grantee herein, shall at all times pay the cost
and expense of the maintenance of the crossing and said grantee shall provide sufficient
flagmen to protect the traffic on said street while cars are being moved across the same.
(4). The City reserves the right for itself and any of its grantees to cross
said track by any public utilities.
(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.
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 acquire
the rights hereby granted, the grantee must prior to the construction of said spur track
or within 30 days from the date hereof, whichever shall be the 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 27th day of Novem-
ber, 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 Ordin-
ance No. B -2097 entitled "AN ORDINANCE granting Cascade Lumber Company, doing business
as Cascade Lumber Company, permission to construct, maintain and operate a railway spi.r
track over and across East "H" Street between North 6th Street and North 7th Street with-
in the City of Yakima, and north along the unvacated portion of North 7th Street ", as�
passed on the 27th day of November, 1957, and that the same has been published as requir-
ed by law.
T Y C L E R K