HomeMy WebLinkAbout3380The following 6 original ordinances were sent to King County
Recording in December, 1997 for recording but were lost:
3367
3369
3372
3374
3375
3380
6/16/00 - Per Deputy City Attorney, Tom Brubaker, the copies
of these ordinances should be used as the originals, and only
Ord. 3369 needs to be re -sent for recording.
ORDINANCE NO. 3 3 90
AN ORDINANCE of the City Council of the City
of Kent, Washington, granting to the Union Pacific Railroad
Company, a Utah corporation, its successors and assigns,
the right, privilege and authority to construct, maintain and
operate a railroad spur track upon and across South 196th
/p Street in the City of Kent, King County, Washington'
WHEREAS, pursuant to the terms of a franchise ordinance of the City of
Pp� Kent (Ordinance 2309), passed on September 8, 1981, the Union Pacific Railroad
Company, a Utah Corporation ('UPRR") constructed, maintained and operated a railroad
3q-6)
E QR9' spur track at common grade upon and across South 196th Street in the City of Kent, the
C,S�
centerline of said street in the North 1/2 of Section 2, Township 22 North, Range 4 East,
W.M., located in King County, Washington; and
WHEREAS, Ordinance 2309, by the terms of its Section 10, was effective
as a franchise grant to UPRR for ten years; and
WHEREAS, on or about October 13, 1991, the franchise granted in
Ordinance 2309 expired by the terms of Section 10 of that Ordinance; and
WHEREAS, UPRR is currently operating the subject spur crossing without
a franchise; and
WHEREAS, a separation of grade of said crossing is neither practicable or
justified; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are incorporated into this Ordinance
as if fully set forth herein.
SECTION2. The City of Kent, Washington, ("City") grants to the Union
Pacific Railroad Company, a Utah Corporation, its successors and assigns ("UPRR"),
subject to all conditions contained in this Ordinance, the franchise and privilege of
maintaining and operating one railroad spur track at common grade upon and across South
196th Street in the City of Kent, Washington, at the location described in Exhibit A,
provided that the maintenance and operation of this track shall be performed in a manner
consistent with the terms and conditions of this franchise ordinance and satisfactory to the
City's Public Works Director and any other applicable authority.
SECTIONS. UPRR shall maintain and operate this track at common grade
with South 196th Street. If the City determines that the public use and necessity require
that the configuration and/or grade of South 196th Street be changed in location, width,
elevation, super elevation, or any other aspect, then UPRR shall alter its track and crossing
to conform with the changed configuration and/or grade. The City's Public Works Director
must approve the design of any alteration to this track and crossing before UPRR
commences construction. The City shall use its best efforts to provide reasonable notice
to UPRR of its decision to change South 196th Street. UPRR shall coordinate construction
of the planned alterations to its track and crossing with the City so as not to delay the City's
plans for the street. In any event, UPRR shall complete its spur track work no later than
the date the City completes its work on South 196th Street, unless the City gives its written
approval to UPRR extending the time for the spur work.
0
SECTION 4. UPRR, at no cost to the City, shall maintain, operate and alter
this track and crossing across South 196th Street as this street now exists or as the street
may change, alter or modify in any manner during the term of this franchise, if the City
requires the change. However, this franchise shall not prevent UPRR from charging any
other party to which UPRR may have granted or assigned an interest in this track, crossing
or franchise all or a portion of the cost of maintaining, operating or altering this track and
crossing.
SECTION S. UPRR, at its sole expense, shall replace the existing
pad with a crossing pad of a type and design approved by the City's Public Works Director
across the entire right-of-way, including sidewalks, when requested by the City. UPRR
shall install signalized gate arms at the crossing upon the City's request. UPRR shall install
the crossing pad or gate arms within six (6) months from the date it receives notification
from the City to make these changes; however, if these changes are subject to prior
authorization from the Washington Utilities and Transportation Commission ("WUTC"),
then this six (6) month time period shall apply from the date of WUTC authorization or
approval.
UPRR's failure to install these items within this six (6) month period
immediately terminate this franchise ordinance, with no notice required, and UPRR,
customers, agents and assigns, shall immediately lose all right and authority to use t
crossing. Accordingly, the City may, at its sole option, restrict, block, close or remove
track and crossing.
SECTION 6. UPRR shall not store railroad cars within or upon the
South 196th Street right of way, nor shall UPRR stop cars within this right of way
switching operations, nor shall UPRR use this track or crossing in any manner
unreasonably interferes with travel within the City's right of way. Moreover, UPRR s
not allow railroad traffic to utilize this track and crossing from 6:00 a.m. to 9:00 a.m.
3
I
:00 p.m. to 6:00 p.m. daily. However, the City's Public Works Director is authorized to
shorten or remove these time restrictions, either permanently or temporarily, if he or she
determines, in his or her sole discretion, that modification of these time restrictions would
not impair the public health, safety and welfare.
SECTION Z The City maintains the same control over South 196th Street
within this franchise area as it has over other public streets within the City's jurisdiction.
This franchise shall not restrict the rights of the City or other franchise holders in the City
to enter upon South 196th Street within this franchise area for the purpose of locating,
relocating, constructing, maintaining, repairing, or removing any public works, utilities, or
facilities under or over this track and crossing, but this work shall not unnecessarily
interfere with the movements of railroad traffic over this track and crossing.
SECTION 8. The City may require signalization, gates, sawbucks, signs,
or other traffic flow control, warning or protective devices or measures to protect the public
health and safety. UPRR shall construct, operate and maintain these requirements at no
cost to the City. Further, UPRR will construct or install these requirements promptly, but
in any event within one year from the date the City issues its requirements; however, if
approval of these requirements is subject to prior authorization from the WUTC, then this
one year time period shall apply from the date of WUTC authorization or approval.
SECTION 9. UPRR shall defend, indemnify and hold the City, its officer,
officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the performance of this franchise ordinance, but only to the extent of
UPRR's negligence or comparative fault. This indemnification includes liability for
crossing design, signalization design, and/or maintenance, and road maintenance within the
crossing area. It also includes any failure or omission on the part of UPRR to perform any
action required by this franchise.
4
The City's inspection or acceptance of any of UPRR's work when completed
shall not be grounds to avoid any of these covenants of indemnification.
No act, inspection, approval or omission by the City shall affect UPRR's
obligation to fully defend, indemnify and hold harmless the City, its officials, officers,
employees, agents and volunteers.
The provisions of this section shall survive the expiration or termination
this franchise ordinance.
SECTION 10. Nothing granted in this franchise shall release UPRR from
obtaining all permits or other authorizations required by the City to maintain, operate,
repair or atter the track and crossing or to do any of the work contemplated by this franchise
ordinance.
SECTION 11. If the City finds that UPRR has failed to comply with any
term or condition of this franchise, as determined by the City, UPRR's failure to comply
shall constitute a breach of this franchise. In the event of UPRR's breach, the City may
revoke this franchise after giving UPRR 30 days prior written notice. This notice shall also
state the grounds for revocation. Once revoked, UPRR, its customers, agents and assigns,
shall immediately lose all right and authority to use this crossing, and the City may, at its
sole option, restrict, block, close or remove the crossing.
SECTION 12. If the spur crossing that is the subject of this franchise has
not been in use for one (1) year or longer, this franchise shall automatically be revoked.
Once revoked, UPRR, its customers, agents and assigns, shall immediately lose all right
and authority to use this crossing, and the City may, at its sole option, restrict, block, close
or remove the crossing.
SECTION 13. The franchise privileges granted in this ordinance shall be
effective for ten (10) years from and after the effective date of this ordinance.
SECTION 14. UPRR shall have no right to receive any award in
condemnation, whether direct or inverse, as a result of this franchise.
SECTION 15. UPRR shall pay all the City's reasonable municipal costs,
expenses, or liabilities incurred by the City because of this franchise.
SECTION 16. The failure of the City to insist upon strict performance
any of the terms and rights contained herein, or to exercise any option herein conferred
one or more instances, shall not be construed to be a waiver or relinquishment of those
terms and rights and they shall remain in full force and effect
SECTION 17. In any claim or lawsuit for damages arising from either
party's performance of this franchise ordinance, each party shall be responsible for payment
of its own legal costs and attorney's fees incurred in defending or bringing that claim or
lawsuit; however, nothing in this subsection shall limit the City's right to indemnification
under Section 9 of this franchise ordinance.
SECTION 18. No waiver, alteration, or modification of any of
provisions of this franchise ordinance shall be binding unless in writing and signed by
duly authorized representative of the City and UPRR.
SECTION 19. Any assignment of this agreement by UPRR without the
written consent of the City shall be void.
SECTION20. If any one or more sections, subsections, or sentences of this
ordinance are held to be unconstitutional or invalid, such decision shall not affect
69
validity of the remaining portion of this ordinance and the same shall remain in full force
and effect.
SECTION21. UPRR shall, within thirty (30) days from the date of passage
of this ordinance, file with the City Clerk its acceptance of the terms, provisions and
conditions of this franchise.
SECTION 22. This ordinance shall take effect and be in force five (5) days
from the time of its final approval and passag
ATTEST:
BRENDA JACOBEX, CITY CLERK
APPROVED AS TO FORM:
A. LUBOVICH,
PASSED: day of1997.
APPROVED: % day of'n�Ce . �(�ti�/ 1997.
PUBLISHED: 1 a day of l /iE(�F/�'Y'� 1997.
I hereby certify that this is a true copy of Ordinance No. 33f6 , passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
cP-� (SEAL)
BRENDA JAC B , CITY CLERK
P'V.AW�ORDINANCCIVPRRFRAN ORD
A strip of land 60.0 feet in width, situate
in South 196th Street in the North Half
(Nl/2) of Section 2, Township 22 North,
Range 4 East of the Willamette Meridian,
City of Kent, King County, State of
Washington, said strip of land being all of
that land lying between lines concentric
with and 30.0 feet on each side of the
following described centerline, and said
centerline prolonged:
Commencing at the southeast corner of Lot
11, Block 6, as shown on the plat of
Southcenter Corporate Park, recorded under
File No. 8003140871 in the records of said
County;
thence along the south line of said Lot 11,
North 88 degrees 59 minutes 42 seconds West,
14.59 feet to the TRUE POINT OF BEGINNING,
said point being on a non -tangent curve
concave southeasterly, from which point a
radial line bears South 67 degrees 11
minutes 09 seconds East, 459.28 feet; thence
southwesterly along said curve through a
central angle of 7 degrees 52 minutes 13
seconds, 63.09 feet to the terminus of said
centerline.
EXHIBIT A