HomeMy WebLinkAbout1491ORDINANCE NO 1491
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 author—
ity to construct, maintain and operate a railroad spur track
upon and across 68th Avenue South I.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 inter—
secting the centerline of said avenue at a point distant approximately
435.93 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, DO
ORDAIN AS FOLLOWS:
Section I. That the City of Kent, Washington, 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
1 and across 68th Avenue South (S..R. 181 -West Valley Highway) in the
2
City of Kent, Washington, the centerline of said track intersecting the
3
centerline of said avenue at a point distant approximately 435. 93 feet
4
5 south, measuring along said avenue centerline, of the Northwest corner
6 of Section 13, Township 22 North, Range 4, E. W. M., located in: Kent,
7 King County, Washington, provided that the construction of said track at
8 common grade upon and across said avenue shall be completed in a
9 manner satisfactory to the Kent City Engineer and any other applicable
10
authority.
11
Section 2. The Grantee shall pay the entire cost and expense of
12
13 constructing said track across said avenue as it now exists or as it may
14 be changed from time to time; provided, however, that nothing contained
15 herein shall prevent the Grantee from charging any other railroad company,
16 or companies, to which grantee may grant or assign an interest in said
17 track, or the franchise hereby granted, a portion of the cost and expense
18 of constructing and maintaining said track.
19
Section 3. Said track shall be laid and maintained at common
20
21 grade with said avenue as said grade now exists, or as said grade may
22 be hereafter changed by the City of Kent, and the Grantee shall plank the
23 travel portion of said avenue between the rails and for one foot on each
24 side thereof and shall maintain said planking in good repair.
25 Section 4. The Grantee shall not store cars within or upon said
26 avenue, nor shall said Grantee stop cars on said avenue for switching
27
operations, and further said Grantee shall not use said track in such a
28
29 manner as to unreasonably interfere with travel upon and along said avenue;
30 and, further, the Grantee shall not conduct switching operations on said
31 spur track across said avenue during the hours of 6;30 A. M. to 9;00 A. M.
32 an d 3:00 P. M. to 6:00 P. M. daily.
HOLM, BEREITER & BEST
1002 SOUTH THIRD ST. • P. O. BOX 90
-2 RENTON, WASHINGTON 98055
TELEPHONE AL 5-A542
1
2
3
:m
5
6
7
8,
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2E
26
27
28
29
30
31
32
Section 5. The franchise hereby granted shall not be taken to
restrict the rights of the City to enter upon that portion of said avenue
where said track is located for the purpose of locating, re -locating,
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, its contractors, servants and agents as to not un-
necessarily 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 6. 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 cars
upon said track.
Section 7. As partial consideration for the granting of this
franchise, the Grantee promises the City that the Grantee shall pay the cost
of constructing any future grade crossings of said track with 72nd Ave. So.
or 64th Ave. So. , and the Grantee shall pay for any equipment for con-
structing any such crossings and shall construct such crossings to the
standards of the City and other applicable public authority.
Section 8. The grades on all crossings referred to in this franchise
shall be according to the standards established by the City of Kent.
Section 9. Prior to exercising the franchise privileges granted
herein, the Grantee shall obtain any permits necessary to operate said
spur line from applicable public authority.
Section 10. The franchise privileges granted herein shall be
effective for ten (10) years from and after the final passage of this Ordinance.
Section 11, This Ordinance shall not take effect until it is passed
upon during a regular Council meeting, subsequent to its introduction at a
HOLM, BEREITER & BEST
-3-
1002 SOUTH THIRD ST. • P. O. BOX 90
RENTON, WASHINGTON 98055
TELEPHONE AL 5-4542
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
previous regular Council meeting; once it has received the favorable
votes of five (5) members of the Kent City Council it shall thereafter take
effect five (5) days after it: '
by law.
Attest:
MARIE JENS CITY CLERK
Approved as to form:
JO B. BEREITER, CITY ATTORNEY
PASSED THIS_!: j) DAY of �1;. �.__ 1967.
APPROVED this day of T're.... 1967.
PUBLISHED this ,---L% day of 2 1967.
I hereby certify that this is a true copy of Ordinance No- L T
passed by the City Council of the City of Kent and approved by the Mayor
of the City of Kent as hereon indicated.
(SEAL)
MARIE JE N, CITY CLERK
-4-
HOLM. BEREITER & BEST
1002 SOUTH THIRD ST. • P. O. BOX 90
RENTON, WASHINGTON 98055
TELEPHONE AL 5-4542