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HomeMy WebLinkAbout1208 ResolutionRESOLUTION NO. 1208 WHEREAS, the City of Pasco and Arrow Transportation Company of Delaware wish to enter into an agreement relating to the city granting permission to Arrow Transportation Company of Delaware to install barbed-wire strands along the top of a city owned chain link fence; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PASCO: That the city council does approve the attached agreement, a copy of which is attached hereto and by this reference incorporated herein, and authorizes the mayor of the city of Pasco to execute said agreement with Arrow Transportation Company of Delaware. PASSED by the City Council of the City of Pasco this 20 day of NovPmhpr , 1978. Chet Bailie, Mayor ATT T: E e yn Wells,__ Deputy City Attorney APPROVED AS TO FORM: Dennis J. De Felice, Deputy City Attorney A G R.E E M E N T AN AGREEMENT RELATING TO THErCITY OF PASCO GRANTING PERMISSION .TO ARROW TRANSPORTATION CO NY OF DELAWARE TO INSTALL BARBED- WIRE STRANDS ALONG THE TOP OF A CITY OWNED CHAIN LINK FENCE. THIS AGREEMENT entered into this d_&' day of 1978, relates to the following described fence owned by the city of ' Pasco and located on property owned by the city of Pasco: The fence runs in a northerly direction along a line approximately 39 to 40 feet west of the east line of Section 29, Township 9 North, Range 30 East, W.M., which is the center line of Wehe Street from a southerly point which is the center line of vacated Holden Street to a northerly point which is the center line of a vacated portion of Lytle Street, a distance of approximately 402 feet 6 inches. This fence is near the eastern boundary of the property owned by Arrow Transportation Co.of Delaware on South Oregon Street in the city of Pasco, Washington. The city agrees to permit the Arrown Transportation Cq�rrt of Delaware (hereinafter the company) to install three strands of barbed-wire fencing along the top and above the above described existing fence. The city and the company understand and agree to the following: 1. That the permission granted to the company by this agreement may be terminated by the city of Pasco by giving thirty (30) days written notice. Upon such notice, the company is responsible for the removal of the added strands of barbed-wire and any other costs associated with restoring the fence to its condition.as though the barbed-wire strands had not been installed. The company may also , terminate this agreement by giving thirty (30) days written notice to the city. As a condition of termination of the agreement, the company is responsible for the removal of the added strands of barbed- wire and any other costs associated with restoring the fence to its condition as though the barbed-wire strands had not been ins-t.all.ed. .2. The company does hereby release, acquit, discharge, defend, hold harmless, and indemnify the city of Pasco, its agents and employees, from any and all actions, claims, damages, expenses, and compensation on account of or in any way arising out of any and all known injuries or damages which may result from its installation and maintenance of the aforesaid barbed-wire strands. 3. The method of construction of, the quality of the materials used in the construction of, and the design and appearance of the barbed-wire strands must meet the approval of the city of Pasco. 4. The company agrees to keep the barbed-wire strands in good repair at all times and to see that they do not hang down or otherwise endanger passersby. -2- 5. The company agrees to keep and pay the costs of keeping that portion of the fence owned by the city of Pasco upon which it will locate its barbed-wire strands in good repair. 6. The company understands that this agreement in no way is intended to grant it any property right or easement on city owned property and in no way is to affect the existing boundary between the city owned property and the property adjoining it. The.company understands that this agreement does not establish the fence as the boundary between the city owned property and adjoining property. 7. The company agrees to be responsible for any taxes or other charges owing as a result of this agreement. 8. This agreement is binding on the company and any heirs, successors, or assigns, of the company or of the property adjoining the property upon which the above described fence is located. IN WITNESS WHEREOF, the parties hereto have made and executed this agreement the day and year first above written. ARROW TRANSPORTATION COMPANY OF DELAWA�fRE�&� By: k Philip A. MacDonald Secretary/Treasurer OREGON STATE OF ➢moi.) MU L iNOMAN : s s . County of ZXX&AlGlA�) CITY OF PASCO By: Chet Bailie, Mayor APPROVE AS TO FORM: By: 1 � Dennis J. De elice, Deputy City Attorney On this 16th day of November , 1978, before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Philip A. MacDonald to me known to be an authorized representative of Arrow Transportation Co-I.—Jr, asauthorized in the attached certified corporate minutes, the corporation heretofore named that executed the foregoing instrument and acknowledged that said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. 4-ary P �Olic in an or the State of x, residing at OREGON NANCY M. RODICH Mir Commission Expires October 12, 1982 STATE OF WASHINGTON) .ss. County of Franklin ) -3 - On this (V� day of��Glf 1978, before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Chet Bailie to me known to be the Mayor of the City of Pasco, Washington, the corporation that executed the foregoing instrument, and acknowledged that said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposed therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. Kota7ryZ?ueTJYc ijFand fo t State of Washington, residing at 4 AT T: 4ynells, Deputy City Clerk r CERTIFICATE OF SECRETARY I, P. A. Macdonald, hereby certify that I am the Secretary -Treasurer of Arrow Transportation Co. of Delaware and that the attached copy of the Minutes of Special Meeting of the Board of Directors of Arrow Transportation Co. of Delaware is a true, accurate and complete copy of the Minutes of Arrow Transportation Co. of Delaware Board -of Directors Meeting held November 16, 1978. Secretary -Treasurer MINUTES OF SPECIAL MEETING OF DIRECTORS OF ARROW TRANSPORTATION COMPANY ON NOVEMBER 16, 1978 By agreement a special meeting of the Board of Directors of Arrow Transportation Co. of Delaware was held at the office of the company in Portland, Oregon on November 16, 1978. Present at•the meeting were Cecil B. Stevens and Philip A. Macdonald, being the majority of the Board of Directors. Mary B. Stevens, the remaining Director, was absent, having previously consented to the holding of the meeting and consenting to the transaction of such business as might come before it. The President stated that the meeting was called for the purpose of adopting a resolution authorizing Philip A. Macdonald, on behalf of the Corporation, to enter into an agreement with the City of Pasco, Washington for the addition of three strands of barbed wire to a chain link fence owned by the City of Pasco and located near the eastern boundary of the property owned by the company on South Oregon Street in the City of Pasco, Washington. There being no further business, the meeting adjourned. Approved: (Notice of meeting waived) C cil B. Stevens �� zc6' JL,4_e� ry B. Itevens 17 "-/ fk4-. Philip A. Macdonald, Secretary -Treasurer A G R E E M E N T AN AGREEMENT RELATING TO.THA CCITY OF PASCO GRANTING PERMISSION TO ARROW TRANSPORTATION CQ NY OF DELAWARE TO INSTALL BARBED- WIRE STRANDS ALONG THE TOP OF A CITY OWNED CHAIN LINK FENCE. CXTHIS AGREEMENT entered into this c�JV day of X 1978, relates to the following described fence owned by the city of Pasco and located on property owned'by the city of Pasco: The fence runs in a northerly direction along a line approximately.39 to 40 feet west of the east line of Section. 29, Township 9 North, Range 30°East, W.M., which is the center line of Wehe Street from a southerly point which is the center line of vacated Holden Street to a northerly point which, is thea center line, of a vacated portion of Lytle Street, a distance of approximately 402 feet.6 inches. This .fence is near the eastern: boundar o e property owned by Arrow Transportation C' % Delaware on South Oregon r, Street in the cit)('. of 'Pa'sco, Washington'.l..% ,. LY F� II The city agrees to permit.the Arrow;( Trans, Co*y of Delaware (hereinafter the company) to install three strands of barbed-wire fencing along the top and above the above described.. existing fence. The city and the,company understand and agree to the following: 1. That the permission granted to the company by this agreement .may,be terminated by the city of -Pasco by giving thirty (30) days written notice. Upon such., -notice, -the company is responsible for the removal of the added strands .of... barbed-wire and any .other costs associated with restoring the fence to its condition -as though the barbed-wire strands had not been,installed: -The company may'also terminate this agreement by giving thirty (30.) days written notice to the city. As,a condition of termination of the agreement, the company is responsible .for the removal of the added strands of barbed- wire and any.other costs associated with restoring the.fence.to its condition as though the barbed-wire strands had not been installed. 2.. The company does hereby release, acquit; discharge, defend, hold harmless, and indemnify the city of Pasco, its agents and employees, from any and all actions, claims, damages, expenses, and compensation on account of or in any way arising out of any and all known injuries or damages which may result from its installation and maintenance of the aforesaid barbed-wire strands. 3.. The method of construction of, the.quality of the materials used in the construction of, and the design a-nd.appearance of the barbed-wire strands must.meet the approval of the city of Pasco. 4. The company agrees to keep the barbed-wire strands in good repair at all times and to see that.they do not hang down or otherwise. endanger passersby. so -2- 5. The company agrees to keep and pay the costs of .keeping that portion of the fence owned by the city of Pasco upon which it will locate.its barbed-wire strands in good repair. 6._The company understands that this agreement in no way is intended to grant it any property right or easement on city owned property and in no way is to affect the existing boundary between the city owned property and the property adjoining it. The company understands that this agreement does not .establish the fence as the boundary between the city owned property and adjoining property. 76 The company agrees to be responsible °for any'taxes or other charges owing as a result of this agreement. 8. This agreement is binding on the company and any heirs, successors., or assigns, of the company�or of the property adjoining the property upon which the above described fence is located. IN`WITNESS WHEREOF, the-,parties hereto have made and executed this agreement the day and year first above written. few ARROW TRANSPORTATION CONPA�44 CITY' OF PASCO F DELAWARE P By: 11 �-it By: Phi ip A. MacDonald Chet Bailie, Mayor Secretary/Treasurer 'APPROVE AS TO FORM• OREGON y • `� ry B STATE OF WOZKVMTW MULTNOMAH ; ss, Den is.. J. De Felice, County of 7# ��i4 ) Deputy:. City Attorney On this 16th day of November 1978, bef®gftdW the undersigned, a Notary Public in and .f or 'the State of duly commissioned and sworn, personally appeared Philip A. MacDonald to me known to be an authorized representative of Arrow Transportation cqPOW, as authorized in the attached certified corporate minutes., the corporation heretofore named that executed the foregoing instrument and acknowledged that said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. Notary P c in and for the State of residing at ORECO NANCY k Vp PPMMhglnn FA000 Nftlf 14ti14, -3 - STATE OF WASHINGTON) :ss. County of Franklin ) On this 0?10 day of 1978, before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Chet Bailie to me known to be the Mayor of the City of Pasco, Washington, the corporation that executed the foregoing instrument, and acknowledged that said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposed therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed.the,day.,and year first above written. .Notary rXaM ig and for the State of Washington, residing at ATT ve yn We s, Deputy City Clerk f CERTIFICATE OF SECRETARY I, P. A. Macdonald, hereby certify that I am the Secretary -Treasurer of Arrow Transportation Co. of Delaware and that the attached copy of the Minutes of Special Meeting of the Board of Directors of Arrow Transportation Co. of Delaware is a true, accurate and complete copy of the Minutes of Arrow Transportation Co. of Delaware Board of Directors Meeting held November 16, 1978. r Secretary -Treasurer MINUTES OF SPECIAL MEETING OF DIRECTORS OF ,ARROW TRANSPORTATION'COMPANY ON NOVEMBER 169 1978 By agreement a. special meeting of•the Board of..Directors of Arrow Transportation Co of Delaware was held'at the office.of' the • company in Portland, Oregon on"November 16, 1978. Present at the meeting were Cecil B. Stevens and Philip A. Macdonald, being the majority of'the Board of Directors.­.Mary,B. Stevens, the remaining Director,.was absent, having previously consented to the holding of the meeting and consenting"to the transaction of such business as might come before it. „ The President_ stated that the meeting was called for the purpose of adopting a resolution authorizing Philip A.. Macdonald,•.on behalf of the Corporation, to enter into an agreement with the City of„Pasco, Washington for the addition of three strands of barbed wire to a chain link fence owned by the City of Pasco and located near the eastern boundary of the.proper.ty'owned by the company on South Oregon Street ' in the City of Pasco, Washington. There being no further business•, the meeting adjourned. Approved: (Notice of meeting waived) C cil"B. Stevens hilip A. Macdonald, Secretary -Treasurer. ry B. Stevens