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HomeMy WebLinkAbout1354• ORDINANCE NO. /0.5-6-- AN ORDINANCE authorizing FIBREBOARD PRODUCTS, INC. of Port "Angeles, Washington the right to construct, lay and operate a spur or connecting track for switching purposes along the northern portion of Third Street starting at a point sp proximately 350 feet East of the intersection of Third and "H" Street and running thence Westerly approximately 380 feet along the northern portion of said Third Street. WHEREAS, FIBREBOARD PRODUCTS, INC. of Port Angeles, Washing- ton has applied for a franchise to construct, lay, maintain and operate a side or connecting track on the northern portion of Third Street, and WHEREAS, the portion upon which the franchise is sought is not now used for travel of automobiles, pedestrians or other traffic and will not be so used for many years in the foreseeable future and the construction of said side track will not interfere with traffic on said Third Street; now, therefore, THE CITY COUNCIL OP THE CITY OF PORT ANGELES DO OxDAIN as follows: Section 1: That FIBREBOARD PRODUCTS, INC., a corporation authorized to transact business within the State of Washington, and its successors and assigns is hereby given the license and privilege for a period of twenty (20) years from the effective date of this ordinance, to lay, construct, maintain, operate, use and relay, renew and replace a side or connection track on the northern portion of Third Street starting at a point 350 feet east of the intersection of Third Street and "H" Street, which is located at station 35 / 59 of the engineer's station of the Chicago, Milwau- kee, St. Paul and Pacific Railroad Company main track and running thence Westerly 380 feet along the north line of the said railroad , company's franchise strip on Third Street and thence northerly to connect with the Northern property line of Third Street. The area granted for the construction of track is bounded on the South line by the Chicago, Milwaukee, St. Paul & Pacific Railroad right -of -way and on the North by the northern boundary of Third Street. Section 2: The terms and conditions under which this right and privilege is granted and to which terms and conditions the privilege shall at all times be subject, and for the failure of any one of which terms and conditions it may, at the option of the CITY OF PORT ANGELES, be revoked are as follows: 1. That said side track or trackage shall be so constructed as not to interfere with any travel on Third Street north and in such manner as to protect the safety and convenience of any of the inhabitants of the City of Port Angeles, and all work in the construction of said track will be done with a minimum of inter - Terence with the use of the street and such guards and protections for the safety of the public shall be maintained for such safety and as may at any time be required by the officers of the City of Port Angeles. Section 3: The FIBREBOARD PRODUCTS, INC., the licensee, herein, shall and does by these presents, hold the City of Port Angeles harmless from any damage to any person or property, which shall result from any construction, replacement or repair of said track or the maintenance or use of any equipment thereon for the purpose intended or for any other purpose or from any damage whatsoever or any other occurrences which may be reasonably attributed to the use and operation of said spur track. Section 4: In the event the City of Port Angeles should change portions of the grade of the street upon which said spur track is constructed, the FIBREBOARD PRODUCTS, INC. shall immediat- ely on notice and at its own cost, change the same where necessary to conform to such change of grade. Section 5: In the event the City of Port Angeles shall find it necessary to install or replace any water pipes, sewer pipes, electric conduits, gas pipes or any other equipment used or to be used in connection with the City Utility Department or in connection with carrying on any of the City's business the FIBREBOARD PRODUCTS, INC., licensee, shall change or temporarily remove in whatever manner may be reasonably required to permit such • installation of equipment by the City of Port Angeles and to conform to the City's installation when completed. Section 6: If at any times, said portion is required by the City of Port Angeles to complete any project for the State or National Defense or the public safety the FIBREBOARD PRODUCTS, INC. shall move the same at its own cost and expense. Section 7: This ordinance shall take effect and be in 1' force thirty (30) days after its lawful passage, approval and publication. INTRODUCED: 4 ' , jA4apA / 5 " PASSED: 0 • I' 2 4 /y 5-4r Approved and signed by the Mayor this i1,0 g day of Ote -e"2- , 1955. ATTEST: 0. �a City Clerk Approved as to form: PUBLISHED: Serf. . at; 2 2 f p'SSs--