HomeMy WebLinkAbout2585ORDINANCE NO.,:Q
-e -
AN ORDINANCE of the City of Kent,
Washington, authorizing an agreement for a
signal system interconnect and a wire line
crossing across the property and under the
tracks of Oregon -Washington Railroad and
Navigation Company and Union Pacific Railroad
Company at milepost 167.27. (James Street
pedestrian crossing).
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. The Mayor is authorized to execute the signal
system interconnect and wireline crossing agreement with
Oregon -Washington Railroad and Navigation Company and Union
Pacific Railroad Company at milepost 167.27, said agreement to be
substantially in the form attached hereto and incorporated herein
by this reference as Appendix A.
Section 2. The authorization provided for in Section 1,
above, is to provide for and facilitate the City of Kent's
installation and operation of a pedestrian operated signal
crossing at James Street and the Commons playfield.
Section 3. Any act consistent with the authority and
prior to the effective date of this ordinance is hereby ratified
and confirmed.
Section 4. Effective Date. This ordinance shall take
effect and be in force five (5) days from and after its passage,
approval and publication as provided by law.
i'
ISABEL HOGAN, MAYOR
ATTEST:
MARIE JEN N CITY CLERK
APPROVED AS TO FORM:
A
P. STEPWEN DiJULIO, CITY ATTORNEY
PASSED the day
of
�fC ,
1985.
APPROVED the _ _day
of
A7J ,
1985.
PUBLISHED the // day
of
epc ,
1985.
I hereby certify that this is a true copy of Ordinance)
No.� 5- passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereo*
indicated.
I
a
(SEAL)
MARIE JEN , CITY CLERK
02930-120
arm
OF K`
UNION PACIFIC RAILROAD COMPANY
OCT 'S 198
LAW DEPARTMENT
1515 S.W. Fifth Avenue, Suite 400
Portland, Oregon 97201-5465
(503) 249-2660
J1'
Il KEITH T. BORMAI+It -:
JEFF S. ASAY
General Solicitor"'
General Attorney
(503) 2411-2315
1503)249.2505
at
ROY P. FARWELL
JOHN F. WEISSER
General Attorney
Assistant General Solicitor
(1249-2881
(503) 249.2507
CAROLYN L.LARSON
General Attorney
(503) 249-2317
September 25, 1985
BARRY L.GROCE
Assistant General Attorney
(503) 2412382
File: 312-2-4.61
City of Kent
220 South 4th Avenue
Kent, WA 98032
Agreement covering underground power line at
Kent, Washington (Main Line - Milepost 167.27)
Gentlemen:
The counterparts of the referenced agreement are
attached. If the agreement is satisfactory, please
arrange for execution and return both counterparts to
Mr. Mike Murray of this office. We will have the
agreement signed on behalf of the Railroad and return
the City's fully executed copy to you. At that time
you will be asked to contact the Railroad's local
Roadmaster before entering the right of way to make the
installation.
If you have questions, please contact Mr. Murray
at (503) 249-2414.
Very truly yours,
Keith T. Borman
MEM:e
(CON49/4a)
enc.
WIRE LINE CROSSING RE# 709-63
Kent, WA
(Main Line - Milepost 167.27)
PLD 312-2-4.61
(8509-CON49-4)
THIS AGREEMENT is made and entered into as of the
day of , 19 , by and
between OREGON-WASHINGTCN RAILROAD & NAVIGATION
COMPANY, an Oregon corporation, and its lessee, UNION
PACIFIC RAILROAD COMPANY, a Utah corporation (here-
inafter collectively called "Licensor"), and CITY OF
KENT, a municipal corporation in the state of
Washington (hereinafter called "Licensee").
The parties agree as follows:
(1) The Licensor grants to the Licensee the right
to construct, maintain and c-erate an underground power
line (hereinafter called "wire Line") across the
property and under the tracks of the Licensor's Main
Line at Milepost 167.27, at or near Kent, in King
County, Washington, in the location shown by yellow
line on print dated July 18, 1985, attached hereto,
marked Exhibit "A", and by this reference made a part
hereof, and in acccrdance with the specifications set
forth on Exhibit "A".
(2) The license and permission granted herein are
subject to each and all of the terms, provisions,
conditions, limitations and covenants set forth herein
and in Exhibit "B", bearing code number 34976, attached
hereto and by this reference incorporated herein. In
consideration of the license and permission granted
herein, the Licensee shall and will do, keep, observe
and perform each and all of said terms, provisions,
conditions, limitations and covenants herein contained.
(3) This agreement shall be effective as of the
date first herein written, and shall continue in full
force and effect, subject to termination as provided in
Exhibit "B -- .-------------------------------- --------�-_-
sc
IN WITNESS WHEREOF, the parties hereto have caused
this agreement to be executed as of the day and year
first hereinabove written.
Attest: (Seal)
OREGON -WASHINGTON RAILROAD &
NAVIGATION COMPANY
UNION PACIFIC RAILROAD COMPANY
By
General Manager
CITY OF KENT
By
Title:
Pursuant to No.=��
dated'
-2-
7 N, .
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Inarr� �i.n •r �� L.. �—�dc a CC ��
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fp 460
1 709-63
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UPRR CONTROLLER
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EXHIBIT •A•
ORB®ON WASNINGTOM RAILROAD A WAVIGATION CO.
UNION PACIFIC RAILROAD COMPANY. ILEBBEE)
KENT, KING COUNTY. WASHINGTON
N.P.167.2T - MAIN LINE
U)
TO ACCOMPANY AGREENENT WITH THE CITY OF
Ld
KENT COWERING AN UNDERGROUND
POWER LINE ENCROACHMENT.
Q
Scde r e 100'
"
Office of Director -Real Estate
Omotw. Nebraaka JULY 18.1985
I
■ L ■ 41 ■ IM 0 ■
U.G. POWER LINE ENCROACHMENT shown,.•....•.YELLOW
RRCo. R/XII OutOrwd «..^..... ...... --
EXHIBIT "B"
Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.
(a) This license and permit is subject to the right and power of the Licensor
to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad
tracks, signal, communication or other wire lines, pipelines and other facilities upon,
along or across any or all parts of the Licensor's property, all or any of which may
be freely done at any time or times by the Licensor without liability to the Licensee
or to any other party for compensation or damagas.
(b) This license and permit is also subject to all outstanding superior rights
(including those in favor of licensees, lessees of said property, and others) and the
right of the Licensor to renew and extend the same, and is made without covenant of
title or for quiet enjoyment.
Section 2. CONSTRUCTION, MAINTENANCE AND OPERATION.
(a) If the Wire Line or any part thereof is to be located above the top of the
rails or communication and signal lines, including static wires, overhead clearance
provided by the Wire Line shall be no less than that shown on the following "Wire Line
Clearance Chart":
14ThE l.Tl.'!
(to ground)"'iiranch
)liniJ::ua Clear.::, --c Rcquircd
Above Ton of Poi).
Mini.ml= Clcar:,acc
reuired ,���� c:c-^t,ai.-
(l `'
cation and Si;::.:I!. Lino's
-
and
Main Linc
Spur Lines
Incl.udinz St:,L'::. ;•'i.res
0 to 750
35.0'
27.0'
0 to 8,700
4.0'
750 to 15,000
36.0'
28.0'
8,700 to 50,000
6.01
15,000 to 50,000
38.01
30.01
50,000
38.01
30.0'
6.01
80,000
39.0'
31.0'
7.01
110,000
40.0'
32.0'
8.01
140,000
41.0'
33.01
9.01
170,000
42.0'
34.01
10.01
200,000
43.0'
35.0'
11.01
230,000
44.01
36.01
12.01
260,000
45.01'
37.01
13.0'
290,000
46.01
38.0'
14.01
320,000
47.0'
39.01
15.0'
350,000
48.0'
40.01
16.01
FoiT,ula: .411 -increase for every 1,000 vole:, in excess of 50 KV.
0" increase for every 10,000 volts in excess of 50 KV.)
* Includes all tracks operated as main tracts, sidings and other
adjacent =%iliary trackage.
WL
CMsO Office ck' Chief E•Lri:.ccr
349761 of 3 Onaha, 1'cbrarha - March 10, 1975
unless approved by the Licensor's Chief Engineer. If Exhibit "A" provides for a
clearance less than the clearance required by said attached chart, a copy of the Chief
Engineer's letter approving said lesser clearance shall be attached hereto and made a part
of this agreement. For a voltage not listed on the chart, the minimum overhead clearance
shall be determined by the formula at bottom of the chart. The horizontal clearance for
structures supporting the Wire Line shall be as approved by Licensor's Chief Engineer, but
no less than fifteen (15) feet from center line of main tracks and at least ten (10) feet
from center line of siding and yard tracks. Otherwise, the Wire Line shall be constructed,
operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in
strict conformity with the Specifications prescribed in the current issue of the National
Electrical Safety Code of the U. S. Department of Commerce, National Bureau of Standards,
as subsequently amended. In the event such. Specifications conflict in any respect with the
requirements of any federal, state or municipal law or regulation, such requirements shall
govern on all points of conflict, but in all other respects the Specifications shall apply.
(b) All work performed on property of the Licensor in connection with the
construction, maintenance, repair, renewal, modification or reconstruction of the Wire
Line shall be done under the supervision and to the satisfaction of the Licensor.
(c) If the Wire Line be an existing one not conforming in its construction
to the above provisions of this Section 2, the Licensee shall, within ninety (90) days
after the date hereof, reconstruct it so as to conform therewith.
(d) The dire Line shall be constructed, maintained and operated by the Licensee
in such manner as not to be or constitute a hazard tc aviation. WAt h respect to the Wire
Line, the Licensee, without expense to the Licensor, will comply with all rLqulrements
of law and of public authority, whether federal, state or local, including, but not limited
to, aviation authorities.
(e) In the operation of the Wire Line, the Licensee shall not transmit electric
current at a difference of potential in excess of the voltage indicated on Exhibit "A".
If the voltage indicated is in excess of 600 volts, and the Wire Line is, or is to be,
buried at any location on the property of the Licensor outside track ballast sections
or roadbed, the Licensee shall bury, at a depth of one (1) foot beneath the surface of
the ground directly above the Wire Line, a six (6) inch wide warning tape bearing the
warning, "Danger - High Voltage", or equivalent wording.
Section 3. COST. The entire cost of the construction. operation, maintenance,
repair and renewal, and any and all modification, revision, revocation or reconstruction
of the Wire Line, including any expense incurred by the Licensor for supervision or in-
spection or otherwise in connection therewith, shall be borne solely by the Licensee.
Section 4. NOTICE OF CO'f-CcNCE'M".T OF WORK. The Licensee shall notif,l the
Licensor at least ten (1.0) days in advance of the corunencement of any work in connection
with the construction., reconstruction, relocation or modification of, or addition to,
the Wire Line. All such work shall be.prosecuted diligently to completion.
Section 5. RELOCATION OR RE'•IOVAL OF WIRE LINE.
(a) The license herein granted is subject to the needs and requirements of
the Licensor in the operation, improvement and use of its property. If, in the judgment
of the Licensor, it shall at any time become necessary, L -or reasons of safety or for its
own needs and requir=^tents, or otherwise, to repair or chango the location, elevation
or method of con•.truction of the Wire Line, such repair, or changes will be made promptly
by the Licensee, at t102 sole cost and expense of the Lic,!!isee, within ten (10) days after
receipt by the Lic^_ns(�c of written request from the Licensor, and in such manner as the
Licensor shall direct.
(b) All the terms, conditions and stipulations herein expressed with reference
to the Wire Line on said property in the location hereinbefore described shall, so far
as the Wire Line remains on the property, apply to the Wire Line as modified, changed
or relocated within the contemplation of this section.
Section 6. INTERFERr.'CE. In the operation and maintenance of the Wire Line,
the Licensee shall take all suitable precaution to prevent any interference (by induction,
leakage of electricity, or otherwise) with the operation of the signal, communication
lines or other installations or facilities of the Licensor or of its tenants; and if,
at any time the operation or maintenance of the Wire Line causes interference with the
operation of said signal, communication lines or other installations or facilities, as
now existing or which may hereafter be provided by the Licensor and/or its tenants, the
Licensee shall, at the sole expense of the Licensee, immedi?,ely take such action as may
be necessary to eliminate such interference.
WL
CM&O
34976
Page 2 of 3
Section 7. CLAIMS AND LIENS FOR LABOR AND MATERIAL AND TAKES. The Licensee
shall fully pay for all materials joined or affixed to and labor performed upon said
property of the Licensor in connection with the construction, maintenance, repair, renewal
or reconstruction of the Wire Line, and shall not permit or suffer any mechanic's or
materialman's lien of any kind or nature to be enforced against said property for any
work done or materials furnished thereon at the instance or request or on behalf of the
Licensee; and the Licensee shall indemnify and hold harmless the Licensor against and
from any and all liens, claims, demands, costs and expenses of whatsoever nature in any
way connected with or growing out of such work done, labor performed or materials furnished.
Section 8. LIABILITY. The Licensee shall indemnify and hold harmless the
Licensor and other companies which use the property of the Licensor, their officers,
agents and employees, against and from any and all loss, damage, claims, demands, actions,
causes of action, costs and expenses whatsoever growing out of injury to or death of
persons whomsoever or loss or destruction of or damage to property whatsoever, or growing
out of interference with the proper operation of signal, communication lines or other
installations or facilities of the Licensor or of its tenants, when any such injury, death,
loss, destruction, damage or interference, howsoever caused (except directly and solely
by the negligence of the Licensor and such other companies, their officers, agents and
employees), results from or in connection with the carrying on of any work contemplated
by this agreement or the presence, operation or use of the Wire Line or from electric
current conducted thereon or escaping therefrom.
Section 9. TERMINATION. This agreement may be terminated at any time by either
party by giving or mailing written notice to the other party, on any date in such notice
stated, not less, however, than thirty (30) days subsequent to the date on which such
notice shall be given. Termination of this agreement shall not operate to relieve, release
or discharge the Licensee from any debt, duty or obligation which shall have attached
or accrued hereunder prior to such termination. The termination of this agreement by
either party shall not entitle the Licensee to the refund of all or any part of the con-
sideration paid in advance, nor shall it entitle the Licensee to reimbursement for any
action taken or expense incurred pursuant to this agreement or under the license hereby
granted.
Section 10. REMOVAL OF WIRE LINE UPON TER14INATION OF AGREE:•IENT. Within fifteen
(15) days after the termination of this agreement howsoever, the Licensee Ehall, at the
sole expense of the Licensee, remove the Wire Line from said property and restore said
property to as good condition as it was in before the Wire Line was originally constructed,
all under the supervision and to the satisfaction of the Licensor; and if the Licensee
fails so to do, the Licensor may perform the work of removal and restoration at the
expense of the Licensee. The Licensor shall not be liable to the Licensee for any damage
sustained by the Licensee as a result of the removal of the Wire Line by the Licensor
as in this section provided, nor shall such action prejudice or impair any right of action
for damages or otherwise that the Licensor may, at the time of such removal, have against
the Licensee.
Section 11. WAIVER OF BREACH. The waiver by the Licensor of the breach of
any condition, covenant or agreement herein contained, to be kept and performed by the
Licensee, shall not impair the right of the Licensor to avail itself of any subsequent
breach thereof.
Section 12. LICENSEE NOT TO ASSIGN. The Licensee shall not assign this agree-
ment, in whole or in part, or any rights herein granted, without the written consent of
the Licensor, and it is agreed that any transfer or assignment or attempted transfer or
assignment of this agreement or any of the rights herei1i granted, whether voluntary, by
operation of law or otherwise, without such consent in writing, shall be absolutely void
and, at the option of the Licensor, shall terminate this agreement. Subject thereto,
this agreement shall be binding upon and inure to the benefit of the parties hereto, their
heirs (if any), successors and assigns.
WL
CM&O
ssa
34976
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