[Ord. No. 893, 11-28-2006]
The City of Williston owns the railroad track located upon rail
easements in the area known as the Williston Basin Industrial Park
in the city, unless otherwise specified in any Track Use Agreement,
and may become the owner of additional track in this area or other
areas.
Private persons or businesses which either own property or run
businesses in the Williston Basin Industrial Park or other areas may
desire to use said railroad track for purposes of loading products
or goods on railcars or to use said railroad track for purposes of
receiving products or goods that are transported to the person or
business by train.
This city desires for the persons or business to be able to
use the track, access the city-owned track with spurs into their property,
participate in maintenance of the track based on the amount of use
and for the city to avoid liability for occurrences of events resulting
from others' use of the track.
[Ord. No. 893, 11-28-2006]
(1)Â
No person or entity may use or access the railroad track owned by
the city in the Williston Basin Industrial Park or other areas without
first entering into a "Track Use Agreement" with the city.
(2)Â
In the Track Use Agreement, the user of the track will indemnify
the city for any harm or damage caused to the track or city property
by use of the track.
(3)Â
In the Track Use Agreement, the user of the track will comply with
all city and railroad requirements.
(4)Â
In the Track Use Agreement, the user of the track will agree to make
equitable allocations between users of the track to pay for the maintenance
of the track.
(5)Â
If the agreement covers a spur track such agreement shall set out
at a minimum-ownership, allowed use by other lot owners and equitable
maintenance of such spur.
