HomeMy WebLinkAbout~Master - Cancellation of License Agreement with Chicago & Northwestern Railway Company DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Ames Legal Department,515 Clark Avenue,Ames,IA 50010 Phone:515-239-5146
Return to:Ames City Clerk,P.O.Box 811,Ames,IA 50010 Phone:515-239-5105
RESOLUTION NO. 15-356
RESOLUTION APPROVING CANCELLATION OF
INVALID LICENSE AGREEMENT BETWEEN CITY OF AMES AND
CHICAGO & NORTHWESTERN RAILWAY COMPANY
FOR THE CITY OF AMES,IOWA
WHEREAS, in 1948, a license agreement between the City of Ames, Iowa, and the Chicago&
Northwestern Railway Company was established to allow the City's power plant"diesel"building to
encroach or exist in close proximity to a spur track of Chicago & Northwestern (C&NW) Railway
Company [currently d/b/a the Union Pacific Railroad(UPRR)]; and,
WHEREAS, this spur track, which was to the north of the mainline tracks, served a coal
unloading hopper for the City's power plant; and,
WHEREAS, this spur track and the coal unloading hopper were removed from service circa
1979,so the encroachment of the building's foundation wall on the spur track was relieved at that time;
and,
WHEREAS, this spring, in preparation for the demolition and the rebuilding of the cooling
towers later this year,staff researched the license agreements that exist between the City and the railroad
in the vicinity of the power plant, especially those that could affect the cooling tower work to be
performed; and,
WHEREAS, this "diesel" building needs to be demolished to allow for demolition and
construction access to Unit 8 cooling tower; and,
WHEREAS, on April 23, 2015, staff requested the UPRR consider cancelling several invalid
license agreements, including and most importantly, the aforementioned agreement; and,
WHEREAS,after several email exchanges between the City and the UPRR to clarify issues,on
June 1,2015,the City received an email from the UPRR stating that it had already cancelled this license
agreement in its system back on October 31, 2012.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that
the cancellation of the License Agreement with the Union Pacific Railroad is hereby approved.
ADOPTED THIS 9t'day of June, 2015.
J-. ��,
Diane R. Voss, City Clerk Ann H. Campbell, Mayor
Introduced by: Nelson
Seconded by: Betcher
Voting aye: Betcher, Corrieri, Gartin,Nelson, Orazem
Voting nay: None Absent: Goodman
Resolution declared adopted and signed by the Mayor this 9t'day of June, 2015.