HomeMy WebLinkAboutResolution 2842 N.C.S. 09/25/1961 - EER:aw 9/22/61
RESOLUTION 'NO, 2'842 N.C. S.
RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO ENTER INTO AN AGREEMENT WITH THE
NORTHWESTERN PACIFIC RAILROAD COMPANY TO
PROVIDE FOR A TEMPORARY SOIL DEPOSIT PERMIT.
INTRODUCED BY COUNCILMAN X %'�v 1"—� and
SECONDED BY COUNCILMAN r / - 4 ` ( Adjourned
�'� . � - -�'C �' ?c `v�'� �at a Regular:
Meeting of the City Council of the City4of Petalurnj,ori the 25th day of
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Sep j[ember , 1961.
WHEREAS, the,area in and about the location of the proposed boat
harbor is about to be dredged and a spoils area is needed, and
WHEREAS, it is necessary to cross certain lands of the Northwestern
Pacific Railroad Company and to deposit spoils adjacent to their railroad right-
of-way, and
WHEREAS; by letter of January 13, 1959; the.Northwestern Pacific
Railroad Company has indicated the terms under which they will permit the use
of their property.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City
Clerk, be, and they are, hereby authorized to enter into an agreement with the
Northwestern Pacific Railroad Company upon the following terms:
1. The City of Petaluma to indemnify and save harmless the Railroad
Company from and against any-and all claims, liability; demands, causes of
action, cost or expense resulting directly or indirectly from the use of said property,
2. The City of Petaluma will not interfere with the tracks, commu-
nication lines,or other facilities of the Railroad and the use of the land will not be
such as to interfere or delay the operation of the Railroad;
3. The Railroad Company to be released from any liability for loss
or destruction of or damage to property, or injury to orideath of our 'agents or
employees while on its right of way and property, pursuant to the permission
herein given;
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4, That any fill depbsited Wt11:1Se graded as directed by an engineer
of the,Northwestern Pacific Railroath.Company so that,surface drainage will be
provided for and safe underfoot conditions maintained,
5. The City of Petaluma to agree that filling operations would be
conducted so as to assure that Railroad ballast would not be fouled in the operations,
and further that Railroad Engineer's approval of the location of any equipment,
buildings, etc. , be obtained prior to their location on the Railroad's property.
I hereby certify that the foregoing resolution was duly
and regularly introduced and adopted by the Council of
the City of Petaluma,, on the 2 5 th day of, September
1961, by the fbilowing vote.
AYES: COUNCILMEN COLIN , ,CRINELLA , ELLS , GUSTAFSON, KING , VAN BEEBER ,
AND MAYOR MATZEN ,
NOES: NONE ,
ABSENT: NONE ,
ir'é
Mayor/
Attest:
qt ly Clerk
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