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.
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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
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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