HomeMy Public PortalAboutResolution 04-90 Authorizing the city attorney to institute appropriate legal action towards the railroad right of way and stationRESOLUTION NO.
A RESOLUTION COWflRUING THE ABANDONED RAILROAD RIGHT
OF WAY AND STATION IN McCALL, IDAHO, MAKING CERTAIN
FINDINGS AND AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO INSTITUTE APPROPRIATE LEGAL ACTION TO
DETERMINE THE STATUS THEREOF.
WHEREAS, at the request of the Oregon Shortline
Railroad Company, the City of McCall granted certain
privileges and franchises to said Railroad Company to
construct, operate and maintain railroad tracks in McCall,
Idaho, as provided in Ordinance No. 13 of McCall, Idaho,.
dated May 6,.1914; and
WHEREAS, said Oregon Shortline Railroad Company
was granted the exclusive right to occupy and use for
a station necessary tracks, buildings and other facilities
for conducting a railroad business upon a portion of
Lenora Street, as provided by Ordinance No. 14 of the
Village of McCall, Idaho, dated August 26, 1914; and
WHEREAS, the railroad tracks laid in McCall, Idaho,
pursuant to said Ordinance No. 13, and the station and
facilities erected pursuant to Ordinance No. 14, and
railroad tracts and any other railroad facilities installed
pursuant to said OrdinancEsand any other privileges or
franchises that may have been granted by the Village
(now City) of McCall, have been removed and said railroad
right of way has been abandoned and said premises have
ceased to be used and operated for railroad purposes; and
WHEREAS, claim is being made bV third parties to
the ownership, use and possession of such lands and
premises abandoned for railroad purposes; and
WHEREAS, as a result of such claim of ownership
and right of use and possession of such lands by third
parties, it is deemed' necessary by the Mayor and Council
of the City of McCall, Idaho, to commence legal proceedings
on behalf of the City to determine the legal status of
such abandoned right of way, and to establish that the
same are public streets and alleys of the City of McCall,
Idaho under the exclusive care, supervision and control
of the City of McCall, and that such streets and alleys
are not the property of said railroad company, its successors
in interest of any other person.
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N O W , T H E R E F O R E , B E I T R E S O L V E D , t h a t t h e C i t y A t t o r n e y
b e , a n d h e i s h e r e b y a u t h o r i z e d a n d d i r e c t e d t o i n s t i t u t e
s u c h l e g a l p r o c e e d i n g s t h r o u g h a n a c t i o n f o r d e c l a r a t o r y
j u d g m e n t o r s u c h o t h e r a c t i o n a s m a y b e a p p r o p r i a t e ,
t o d e t e r m i n e t h e l e g a l s t a t u s o f t h e l a n d s a n d p r e m i s e s
i n M c C a l l , I d a h o , a b a n d o n e d f o r r a i l r o a d p u r p o s e s , a n d
t o s e e k j u d g m e n t t h a t s u c h s t r e e t s a n d a l l e y s a r e p u b l i c
s t r e e t s a n d a l l e y s o f t h e C i t y o f M c C a l l , u n d e r t h e
e x c l u s i v e c a r e , s u p e r v i s i o n a n d c o n t r o l o f t h e C i t y o f
M c C a l l , I d a h o .
A d o p t e d t h i s / p e r d a y o f A p r i l , 1 9 9 0 .
A t t e s t :
:RESOLUTION NO. `7'6T
A RESOLUTION CONCERNING`THE ABANDONED. RAILROAD RIGHT
OF WAY AND STATION IN McCALL, IDAHO, MAKING CERTAIN
FINDINGS AND AUTHORIZING AND DIRECTING THE.CITY
ATTORNEY TO INSTITUTE APPROPRIATE LEGAL ACTION TO'
DETERMINE THE STATUS THEREOF.
WHEREAS, at the request of the Oregon Shortline
Railroad Company, the City of McCall granted, certain
privileges -.and franchises to said Railroad'Companv to
construct, operate and maintain railroad tracks in McCall,
Idaho,. as.provided in Ordinance No. 13-of .McCall, Idaho,
dated May 6 , 1914; and .
• WHEREAS, said. Oregon:Shortline Railroad Company
was granted the exclusive:rig.ht to occupy and use for
a station necessary tracks, buildings and other facilities
for conducting a railroad business upon a portion of
Lenora Street, as provided by Ordinance No. 14 of the
Village of McCall, -Idaho, dated August 26, 1914; and
WHEREAS, . the railroad tracks laid in McCall, Idaho,
pursuant to said Ordinance No.. 13, and the station and
facilities erected pursuant to Ordinance No. 14, and
railroad tracks and any other railroad facilities •installed
pursuant to said Ordinanc6 and any other privileges or
franchises that may have been granted by the. Village
(now City) of McCall, have been removed and said railroad
right of way has been abandoned and said premises have
ceased to.be used•and.operated for railroad purposes;. and
WHEREAS, claim is being, made by third parties to
the ownership, use and possession Ofsuch lands -and
Premises abandoned for railroad purposes; and
WHEREAS, as a result Of such claim of ownership
and right.of use and possession of ,such lands by third
"parties, it is deemed necessary by the Mayor and Council
of the City of McCa11, Idaho, to commence legal proceedings
..on behalf of the City to determine the legal status of
such abandoned right of way, and to establish that the.
. same are public streets and alleys of the City of McCall,
Idaho under the exclusive care, supervision. and control
of the City of McCall, and that such streets and alleys
are not the property of said railroad company, its successors
in interest of any other person. ,
NOW, THEREFORE, BE IT RESOLVED, that the City Attorney
be, and he is hereby authorized and directed to institute
such legal proceedings through an action for declaratory
judgment or such other action as may be appropriate,
to determine the legal status of the lands and premises.
in McCall, Idaho, abandoned for railroad purposes, and
to seek judgment that such streets and alleys are public
streets and alleys of the City of McCall, under the
exclusive care, supervision and control of the City of
McCall, Idaho.
Adopted this /,;1- day of April, 1990.
Attest:
Ci/,..y Clerk