The Kennewick courier-reporter. [volume] (Kennewick, Wash.) 1939-1949, 1946-04-25
347 Ave. t. Easl-0n the Highway

track and for eighteen insne9 70 Su 20
and when required by the City councMi,
40 to do. said Railroad Company snaLl
pave or otherwise surface the area pc.
tween the said rails and for -. S,sc %ith
m nat. Of the same kind Is that which
the remainder of said street 80 occupied
shall be paved or surfaced. .,..
Section s. Nothing .;s Scntai ne;v,,e1. OF
f SaGaehns granted hereunder shan 6e CON
strued TO prevent the municipa! authori-
ties of the City Of Kennewick TON
IL th er, :t4ee Dpon or
the track hereinbefore mentaoned s sast
pass, and said City reserves the riens
SO to do. The City also reserves the . 1iSas
walk across said spur track rs the Coun-
Gil Of said City may from time to time
Section s. Said Railroad compsniess
trains over said spur track under sucn
reasonable rules and regulations q to
speed and IS to sanitary conUa0ns -
the City Council may from tune 70 CT t 20
impede ordinary traffic or subject the
public to unnecessary delay or aneon'
Section 2. Said oreeon-washineton
Union Pacific Railroad Company. tns sr
use of said spur track by any other com
purpose Of delivering cars Or shipping
out cars to be loaded or unlo:ded upon
or along said spur track: provided. how:
ever. said OreRon-Washington RatH1ed
sfe Ksiisood co% %p:n their
and assigns, shall be entitled to reason
able compensation from such other rail-
road company for the privilege OF 90
doing. and such railroad company snan
I>~c kn R0DlnnAhye snare
of the expense of maintaining and OPP
Grating said track: and the switching
of cars to. from and upon seid tcsx
shall be subject to the iawfc i,~ ssr.it
Section 8. Failure by Oregon-Washfng:
ton Railroad 4 Navigation Company and
Union Pacific Railroad Company. their
successors and assigns: to comply ply, WITHIN nrn
visions or conditions contained In this
ordinance after having received ten days
written notice from the City Of Kenne:
xsa to to o. declare the
Section 8. At all times the power and
right reasonably to regulate in the public
ns n the .sd by Of s the
shall remain and be vested in the Council
of the City Of Kennewick.
Section 10. Said OreRon-WashinKton
nen Pacific Fsa:d se
successors and assigns. shall indemnify
and hold harmless the City Of Kennewick
from and against any and all claims.
demands and causes Of action for injury
to or death of persons or damage to or
destruction of property. resulting from
any negligent act or omission OF said
Railroad Companies, in or about the con-
struction or maintenance Of the track
hereby authorized or in or about the
operation of engines. cars or trains there
on :: provided nothing herein shall be
claim, right. demand or cause Of action
in favor of any person.. firm or corpora
ton, If such claim. demand, right or
cause Of action would not otherwise exist (:
provided further said City shall and
win notify said railroad companies. their
successors or assigns, promptly. in writ.
ing, Of any claim, demand or cause Of
action, made or asserted against the
| City. arising or claimed to arise from any
shall and win afford said Railroad Com
nanies reasonable and timely opportunity
to appear and defend in the name OF
the City any suit action or proceeding
instituted against the City based on any
such claim, demand or cause OF action.
and II the Railroad Companies elect to
defend the same. the City win cooperate
with the Railroad Companies in such
defense. Any notice hereby required to
be given to said Railroad Companies BY
the City shall be deemed to have been
given when same i delivered to the Asentt
Of said Railroad Companies In charge OF
their depot in the City OF Kennewfck.
Washington, or to the General Manager
OF the Railroad Companies at Portland.
Section II. Said Oregon-Washington