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Home My WebLink About00043 Session of Decembere Session of December I The City Clerk then read the proposed ordinance by title only for the third reading, whereupon it we s 11'3 moved by Councilman Peach and seconded by Councilman Smith that the said ordinance do now pass. Upon roll cal all seven Councilmen voted in the affirmative and motion was declared carried. The following in a full, true and correct copy of said Ordinance No. 1005, as passed by the City 1,.Counoil December 9th, 19301 ORDINANCE NO. 1005 An ordinance of the City of Port Townsend, State of Washington granting to the Port Townsend Southern Railroad Company, its successors and/or assigns, the right, privilege, authority and franchise to lay dorm, construct, maintain and operate a railway spur track and all appurtenances necessary and/or convenient to the operation thereof, in, along, across, upon and over certain streets in the City of Port Townsend, Jeffer- son County, Washington. The City Council of the City of Port Townsend, Washington done ordain as follows: Section 1. The City of Port Townsend, Jefferson County, Washington does hereby grant to the Port Town- send Souther Railroad Company, its successors or assigns for a period ending and terminating on the 18th day of August, 1950, the right, privilege and authority to lay down, construct, maintain, and operate one stsa- dard gauge railway spur track for the transportation or freight together with any or all'appurtenances necessary or convenient to the operation of said spur in, over, upon and along the following described street , avenues and publicways: Beginning aVs point on the center line of the tract of the Port Townsend Southern Railroad Com- pany, forty feat more, or less, westerly from the intersection of said center line of said railroad track with the westerly margin of Fillmore street, in the city of Port Townsend, Jefferson County, m- Washington; and running thence on a curve to the rightonehundred and five feet, to an interceo- �L tion with the northerly margin of Water street on Lot 6 Block 37, original tormsite to the said city; thenoe•on a curve to left eighty feet, more or less, to an intersection with the easterly margin of Harrison street, twenty seven feet northerly of the northerly margin of Water street in said city; continuing thence westerly on said curve to left twenty-five feet, more or less, on said Harrison street. Section 2. It is understood and agreed that said spur shall be used for any and all purposes and uses - whatsoever of the Natural Gas Corporation of Washington exclusively, and that for such purposes, the said grantee shall have the right, privilege and authority to transport over its main railroad track over Water Street; the products of the Natural Gas Corporation of Washington'and make delivery of same on said spur track; subject, however, to the condition that no freight traffic oars shall be permitted to remain on said Water Street. Section 3. The right, privilege, authority and franchise hereby granted is made expressly subject to -the rights of the City of Port Townsend to retail: the same control of•the streets in, along, upon, across and over which said railway spur shall be constructed as over the streets, avenues, and alleys of said city, and the said city shall have such further control and power over said crossings as the city ordinance and atate laws permit. The said city reserves to itself the right to carry all water mains, sewers, conduits and other public utilities underneath or wires above, the spur track of said granteo, its suocessors or assigns, in said public streets, or either thereof, and the right of access to any space occupied by such tracks within the limits of said streets, or either thereof and the right to open the ground beneath said tracks for all pur- poses of construction, maintenance, repair, alteration and inspection of any such publio utilities which right shall be exercised however, so as.to interfere as little as practicable with the use of said tracks and so as to leave the roadbed and tracks in as good condition no prior to the exercise of such rights. Section 4. The said grantee, its successors and assigns in and by accepting the grants; privileges and benefits conferred by this ordinance, covenants for itself, its successors and aosigne, with the City of Port Townsend, that it or they will at all times keep and save harmless the said city from and against all lia- bility, lama, cost, damage or expense which may at any time arise or accrue by reason of any thing that may be done by said grantee, its successors or assigns, and shall defend any and all actions arising in relation thereto; provided that the city, its successors or assigns, in all instances where it is sought to hold said grantee, its successors or assigns, liable hereunder, shall notify the said grantee, its successors or assigns in writing of the pendency of said notion and give it or them an opportunity to defend any and all such liti- gation. Section 6. That whenever the said City of Port Townsend shall cause either of the streeto herein men- tioned to be graded, and/or paved on either or both sides thereof; and adjacent to the spur track herein men- tioned, the amid grantee, its suocossors or assigns, shall at its or their own coats and expanse grade and/or pave all the space then used and occupied by such spur track and for eighteen inches on each side thereof, in- cluding the apace between the rails of such track, including the switoh of amid spur, to conform to the grade and/or paved part of said Water Street and spur. The street on which said spur and switch are to be con- structed shall be planked in the space between the rails and 12 inches on either side thereof from the switch point to the northerly line of Water Street and southerly line of Block 37, Original Townsite of Port Townsend maid planking shall be done at the time of the construction of said spur and switch. Section 6. The right, privilege, muthorityand"franchise granted by this ordinance, and all benefits hereof, may be assigned by the said grantee, its successors or assigns, as it or they may at any time sae fit, eitho: as an entirety or respecting the spur track embraced within the scope of this grant; provided, that written notice of any such assignment shall be filed with the clerk of the City of Port Townsend within thirty (30) days after the execution and delivery of such assignment. ' Section 7. The said grantee, its successors or assigns, shall within thirty (30) days after the passage of this ordinance, file with the clerk of the City of Port 'lormsend, its or their written acceptance thereof duly executed by said grantee, its successors or masigna, and until the filing of such acceptance, the said grantee, its successors or assigns, shall not be entitled to any rights, privileges, authority or franchise herein granted, and in ones said grantee, its successors or assigns, shell fail to file auch acceptance within sixty days after the passage of this ordinance, the same shall become null and void. I (Ordinance No. 1005 continued) Section S. That this ordinanco shall be published once in the Port Townsend Leader. Panned by the City Council December 9th, 1930. Approved by the Mayor December , 1930. Attestt Date of publication December , 1930.• MAYOR By permission of the Council, Attorney Claude E. Stevens now addressed the Council to the effect that the Nattral Gas Corporation had just received telegraphic advise that they may later ask for a change in the direction of constructing the proposed spur. He stated that he presented this advance information ■o that the Council would have previous knowledge in case the company made a request to change the direction of the proposed spur. ADJOURNMENT Upon motion of Councilman Pasch, seconded by Councilman Lafferty, Council adjourned. ;coati Mayor City Clerk r