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Home My WebLink AboutRES 1594 �,.�...__� , {. i_ _.. • . ,. ' ~ + ,GR.iG�N��► . ► j - . ; ' r � I . , . i . • . RESO.LUTION N0. ��J�� WHEREAS �he City of Renton has here�ofore granted a certain franchise pursuant to City of Renton Ordinance No. 2428 passed and approved on August 5 , 1968 unto Puget Sound Power � Ligh-t Company, a , Washington Corporation, whieh Ordinance, amang athers, imposes cer�azn I , duties and obligations unto the Grantee U�ili�y, particular refererzce i being made to Sections II , III and IV, and WT3EREAS �he Ci�y of Rentor� further pas.sed and approved Ordinance No. � 2�+32 under date of Septe,m,ber 23 , 1968 , whi:ch said Ordinance deelared and � established -�he Ci�y' s policy with respect to the underground reloca�ian, ; � ins�allation and can.version. of existing and new electric and communication � � facilities within the Gity of Renton, particu.lar refe.rence being made �o ' Section II of said Ordinance .pertaining to the cost of conversion under certain circumsta.nces and cor�ditions, and WHEREAS the C�.y af Renton had her.etofore made applicatian,pursua,nt ta the laws and statutes of �he State of Washingtan, to the Urban Arterial � Board far funds �o be allocated to a certain projec-� for the widening and impravement c�f Narth Third Street and Narth Fourth Street, arterial high- � ways within the City of Renton, and such Urban Arterial Board, after due � investigation and study having heretofore approved the allocation and I funding of said prajec�; and upar� study and investigati�n the City reguired the conversion from averhead to underground ins�al.Iation of utilitie� to be included in said �syo.ject; and WHEREAS the City of Renton by and through its City Council and En.gineering staff having heretofore determined and hereby reaffirms �hat such arterial streets and roadways are heavily travelled arterial righ-�- of-ways carrying an average of more than 10,000 vehicles per day and that the relocation and canversion to undergrr�und facili�ties including the overhead distribution and rela-�ed facilities of Puget Sound Power and Light will avaid or eliminate an unusual heavy concentration of overhead distribution facilities and fihat sueh underground conversion will greatly reduce and minimize previously existing tra�fic hazards and conditions and that sueh ar�e�ial right�-of-way, to-wit: Narth Fourth Stree� carries an unusual heavy amount of traff ic originat�ng at and by Tl� Boeing Company and Pacific Car � Poundry facilities, and _ � _ i , � .� �� • • ' � • - r . ` . . , WHEREAS the City of Renton, pursuant to its police power and acting in a governmental capacity has heretofore determined and does hereby affirm that such street widening project and accompanying relocation and undergrounding of electric and related facilities is extremely necessary and required in the public intt�rrest and for the public benefit and to alleviate hazardous conditions heretofore existing, and WI-�REAS the aforedescribed Ordinances require such utilities to provide for the relocation and conversion of facilities under certain terms and conditions and such terms and conditions do exist within the aforedescribed street widening project, and Wf�REA,S the City and Puget Sound Power � Light Company heretofore entered into a certain "�greement" under date of September 24, 1968, pursuant to which Puget has ma.de demand upon the City for the pa.yment of $30,534.12 and other monies and benefits , and WHEREE�S the City has heretofore refused and declined to make any such payment or allow for such benefits, and WI�REAS the City maintains that all of the cost and expense of such conversion to underground, in pursuance of the aforecited Ordinances, shall be paid for and expended by the utility affected thereby and WHEREAS it is necessary and advisable for the City to seek determination of the pa.rties' respective obligations and rights under the aforecited Ordinances and pursuant to the agreement of the parties dated September 24, 1968, NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, AS FOLLOWS: SECTTON I: The aforecited findings and recitals are hereby found to be true and correct in all respects and same are hereby reaffirmed in all particulars; the City Council finds in particular that the aforedescribed street widening project of North Third Street and North Fourth Street and as heretofore authorized, approved, confirmed and funded by the State Urban Arterial Board are parrt of an arterial street widening project and that such arterial right-of-ways carry an average traffic load of not less than 10,000 vehicles or more per day and which traffic load is expected -2- ' !. •y • 'Y • • to increase in the future by substantial margins, and that such street widening pro.ject and the accompanying conversion of electrical and similar utilities to underground in connection therewith is necessary, advisable and required to reduce and alleviate conges.ted traffic conditions and to minimize and reduce accidents arl resulting injuries and property damage to the users of said arterial highways including pedestrians a.nd that such conversion to underground utilities is in the public interest and for the public benefit and is necessary and required to conserve human life and reduce damage to property and to generally improve the appearance and aesthetics of the general neighborhood within said arterial highways; and the City Council further finds in parti�lar that the total area of such conversion is less than one mile in total distance . SECTION II : The City Council further determines and acknow]�1ges that substantial similar findings pertaining to said arterial street widenin ro 'ect have heretofore been made and approved by the State Urban � r � � Arterial Board, pursuant to the laws and stat�s of the State of Washington, and the total amount allocated by the State Urban Ar-terial Board for said project being in the sum of approximately $�+72, 000 of which $292 , 788 has so far .been expezl.ed, while the City' s contribution toward said project � being in the sum of $47 , 200. to date. SECTION III: It is further determined and acknowledged that the utility namely Puget Sound Power � Light Company, a Washington Corporation, I has heretofore and is now making demand upon the City for the payment of , $30, 534 .12 , and other monies and benefits as the City' s alleged share or contribution of said conversion project and that the City has refused and , is refusin to a said amount, or any other sum, as its share of the , g P Y I cost and ex�se of such conversion and has steadfastly maintained and is nd ex ense in connection with this 'n that an and all costs a p now maintaini S Y ' particular project, as more particularly set forth in the above described and referred to Ordinances, are the sole oblig.ation of said utility. SECTION IV : The Mayor and City Council hereby au.thorize and direct the City' s .attorney' s office to take all necessary steps,including the commencement of a "declaratory judgment" or similar action in the �, Superior Court in King County, Washington, to determine the res�e.ctive rights and obligations of the parties and -3- _.—n . _ — , � � ,, ' • . • . . . .,�` : '��' . , • � � � i.n, particular the obliga�ions of said utili�y under the aforeci-�ed Franchise i Ordinance No. 2428, Ordinance Na. 2432 and -the City's general palic� pc�wer, ta requis�e said utility, at it� eost and ex�nse, to relocate such facilities fram overhead to underge�ound under the facts and czrcumstances he,reiri stated and pursuant to the aforecited Or�dinances. I I PASSED BY `I'HE CITY COUNCIL this ;��j�� day of Decem]�r, I968. a�' // �-,,.��'�"�G /�c�-Zr�-� �'�--'t-�-�_ � Helmie Nelson, City Clerk I I APRROV.ED BY THE MAYOR this day of cember, 1968. �� I �'2�� /,// � `� `L` �� Danald W. �ster, Ma�or � ', APproved as to form: I �/� ��j� II /� r�`1"T t'`2 '�"�'�"�'. I � ! Gerar�d M. Shellan, City Attarney � � i , , � � � � � � � � i _�_ 'I - - -- - - - - - --