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Home My WebLink About29093�l ORDINANCE NO. AN ORDINANCE 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 68th Avenue South (S.R. 181 -West Valley Highway) in the City of Kent, King County, Washington. WHEREAS, the Union Pacific Railroad Company, a Utah Corporation, has filed with the City of Kent a Petition with explanatory map attached thereto, requesting a franchise to construct, maintain and operate a railroad spur track at common grade upon and across 68th Avenue South (S.R. 181 -West Valley Highway) in the City of Kent, the centerline of said track intersecting the centerline of said avenue at a point distant approximately 440 feet South, measured along said avenue centerline, of the Northwest corner of Section 13, Township 22 North, Range 4, E.W.M., located in King County, Washington, a copy of said Petition and attached explanatory map being on file in the office of the City Clerk; 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. Ordinance #2055, have been passed without lawful authority is declared void, without effect, and is hereby repealed. Section 2. That the City of Kent, Washington, i hereinafter called "The City," does hereby grant to the Union Pacific Railroad Company, a Utah Corporation, its successors and assigns, hereinafter called "The Grantee" the franchise and privilege of constructing, maintaining and operating a railroad spur track at common grade upon and across 68th Avenue South (S.R. 181 -West Valley Highway) in the City of Kent, Washington, the centerline of said track intersecting the centerline of said avenue at a point distant approximately 440 feet south, measuring along said avenue centerline, of the Northwest corner of Section 13, Township 22 North, Range 4, E.W.M., located in Kent, King County, Washington, provided that the construction of said track at common grade upon and across said avenue shall be completed and maintained in a manner satisfactory to the Kent Public Works Director and any other applicable authority. Section 3. The Grantee shall pay the entire cost and expense of constructing said track across said avenue as it now exists or as it may be changed in any manner from time to time including changes which may be necessary due to maintenance, modification and/or due to alterations in roadway initiated either by the Railroad, the City of Kent or any other authorized jurisdiction; provided, however, that nothing contained herein shall prevent the Grantee from charging any other railroad company, or companies, to which Grantee may grant or assign an interest in said track, or the franchise hereby granted, a portion of the cost and expense of constructing and maintaining said track. Section 4. Said track shall be laid and maintained at Grantee's expense at common grade with said avenue as said grade now exists, or as said grade may be hereafter changed by the City of Kent. Grantee, at Grantee's sole expense, shall replace the existing concrete crossing pad with a rubberized crossing pad full width across the highway right of way and sidewalks when requested by the City. Grantee shall install signalized gate arms at the crossing,when requested by the City. Grantee shall install the gate arms or the rubberized pads within one year from notification by the City to do so. If the Grantee fails to install these items within one year's time, Grantee agrees to pay Grantor liquidated damages of $50.00 per each calendar day until said improvements are fully operational. Section 5. The Grantee shall not store cars within or upon said avenue, nor shall said Grantee stop cars on said avenue for switching operations, and further said Grantee shall not use 2 - said track in such a manner as to unreasonably interfere with travel upon and along said avenue; and, further, the Grantee shall not conduct switching operations on said spur track across said avenue during the hours of 6:00 a.m. to 9:00 a.m. and 2:00 p.m. to 6:00 p.m. daily. Section 6. The franchise hereby granted shall not be taken to restrict the rights of the City or utility companies with franchises in the City to enter upon that portion of said avenue where said track is located for the purpose of locating, relocating, constructing, maintaining, repairing, or removing any public works, utilities, or facilities under or over said track, but said work shall be so prosecuted by the City or utility company, its contractors, servants and agents as to not unnecessarily interfere with the movements of railroad engines, cars and traffic over said track, the City reserving the same control over that portion of said avenue as it has over other public streets in said City. Section 7. The Grantee shall hold the City harmless from any and all liability and damage occasioned by the construction and operation of said track, or by the operation of any engine, 'train, railway car or cards upon said track. Section 8. As partial consideration for the continuation and granting of this franchise, and pursuant to the provisions of Ordinance 1491, the Grantee promises the City that the Grantee shall pay the full cost of installation of a railroad crossing ;'signal bridge with all necessary appurtenances. Installation shall be completed within one year of the granting of this franchise. The signal bridge shall be as shown on the attached drawing, and shall meet all applicable safety standards. Section 9. The grades on all crossings referred to in ;this franchise shall be according to the standards established by the City of Kent. Section 10. As a condition of exercising the franchise 'I ;privileges granted herein, the Grantee shall obtain and maintain ,;any permits necessary to operate said spur line from applicable 'I public authority. 3 - Section 11. Failure of the Railroad to abide by any condition of this franchise, as determined by the City, shall result in revocation of the franchise upon 30 days notice to the Railroad. Section 12. The franchise privileges granted herein shall be effective for ten (10) years from and after the final passage of this Ordinance. Section 13. This ordinance shall take effect and be in force thirty (30) days from the,time of its final passage as provided by law. ATTEST: DAN KELLEHER, MAYOR . � -tee, �Z- MARIE JEN N�CIYLERK APPROVED AS"'WFORM: ISCOLL, CITY -ATTORNEY PASSED the day of/�c-�� , 1990. APPROVED the _day of �' 1990. PUBLISHED the _day of , 1990. - 4 - I hereby certify that this is a true copy of Ordinance C No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. 7910-280 >&��(SEAL) MARIE JEIT N, CITI CLERK - 5 -