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HomeMy WebLinkAboutORD 1590ORDINANCE NO. 1590 AN ORDINANCE OF THE CITY OF RENTON, GRANTING TO THE NORTHERN PACIFIC RAILWAY COMPANY, A WISCONSIN CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FR9NCHISE TO CONTINUE TO MAINTAIN AND OPERATE A CERTAIN RAIL- ROAD SPUR TRACK NOW LOCATED IN, UPON, ACROSS AND ALONG SIXTH AVENUE NORTH, AND IN, UPON AND ACROSS PARK STREET AND GARDEN STREET IN THE CITY OF RENTON, KING COUNTY, STJ.kTE OF WASHINGTON. WHEREAS,the Board of County Commissioners of King County on February 28, 1907, granted to the Northern Pacific Railway Company a franchise for said track and right of way therefor fifteen (15) feet in width for a period of fifty (50) years, which franchise will expire by its terms and provisions on February 28, 1957; and WHEREAS, the Northern Pacific Railway Company has heretofore petitioned the City of Renton for the renewal of said franchise; and 'AMREAS, said spur track present- ly serves an important industrial area in the City of Renton and the continued maintenance and operation thereof is considered to be in the public interest; now, therefore, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF RENTON AS FOLLOWS: SECTION I: The City of Renton, hereinafter referred to as the R City, does hereby grant to the N orthern Pacific Railway Company, a Wis- consin corporation, its successors and assigns, hereinafter referred to as the Grantee, the franchise right, privilege and authority to continue to maintain and operate a standard gauge railroad track in, upon, across and along Sixth Avenue North and in, upon and across Park Street and Garden Street in the city of Renton, together with a franchise right of way there- for fifteen (15) feet in width, the center line of said right of`way being described as follows: Commencing at a point in the north line of Sixth Avenue North distant approximately 173.86 feet east, measured along said north line, from a northerly production of the west line of Burnett Avenue North; thence southeasterly on a curve to the left, radius 110.3 feet, a distance of approximately 187..62 feet to a point of tangent, which -1- point is 11.G feet east, measured at right angles, from a northerly production of the east line of Williams Street North and 14.70 feet south, measured at right angles, from the center line (monument line) of Sixth Avenue North; thence easterly along a straight line in Sixth Avenue North, crossing Park Street and Garden Street, a distance of 1257 feet, more or less, to a point in the east line of Garden Street distant 20.5 feet south, measured along said east line of Garden Street, from an easterly production of said center line of Sixth Avenue North. SECTION II: The Grantee shall maintain said track so that the top of rail shall conform to the grade of said Sixth Avenue North, Park Street and Garden Street as now established by the City or as said grade may hereafter be changed: except, however, where change is made in separa- tion of grades. SECTION III: The Grantee shall pave and continuously maintain the full width of/said right of way with the same materials and in the same manner and type of construction and condition of repair as the ad- joining portions of said Sixth Avenue North, Park Street and Garden Street are or shall be paved; provided, however, that in certain loca- tions, such as street crossings, the Grantee =y pave said right of way with such alternate materials and in such alternate manners as the City shall approve in writing prior to any such paving or improving; also provided that the Grantee shall not be obligated to pave that part of said right of way between the east line of the existing pavement in Park Street and the east line of Garden Street until the Grantee is given written notice to do so by the City. All such original or subsequent paving of said right of way and the maintenance thereof shall be done at the sole cost and gxpense of the Grantee. Upon such notice being given unto the Grantee by the City, such paving and improvement shall be completed by the Grantee within a reasonable time from the date of such notice, but in no event later than ninety (90) days therefrom, unless a different time limit is agreed on in writing by and between the parties hereto. -2- 7-1 SECTION IV: 'If the Grantee shall ever,at any time fail to promptly and fully conform and comply with any duty or obligation herein imposed, then the City of Renton may, at its option, proceed to perform and excute the same or cause same to be performed and excuted, at the sole cost and expense of the Grantee and the Grantee shall immediately become and remain liable to the City for any and all loss, expense,cost or damage. Ten (10) days written notice of such failure and of the things required to be done shall first be given unto the Grantee. SECTION V: The Grantee shall use the track herein authorized for the sole purpose of moving or switching of railroad cars and engines and shall not store railroad cars upon said track at any time, it being the intent of the City that said track shall be used for a running or switching track only; provided, however, that the Grantee may store cars upon that portion of said track lying between the east line of Park Street and the west line of Garden Street but only until such time as the corresponding portion of said Sixth Avenue North is improved for travel to its full width or until the City shall give the Grantee written notice to cease such storage. SECTION VI: The Grantee shall not run or switch railroad cars or locomotives over said track between the hours of 7:00 A.M. and 8:00 A.M. and between the hours of 4:00 P.M. and 5:00 P.M.;provided, however, that the City shall have the right to change and modify said peak hour periods upon giving the Grantee thirty (30) days prior written notice thereof and such change has been duly established by the legislative body of the City; providing, however, that such running or switching shall be permitted at all hours on Sundays and Holidays; also providing that such running or switching shall be permitted at all hours upon that portion of said track lying east of the east line of said Park Street until.such times as the Grantee is given written notice by the City that the running or switching restrictions herein set forth shall apply to the entire length of the franchised track. -3- M SECTION VII: The City hereby reserves to itself and its grantees the right to install and carry all -public utility facilities underneath or above the track and the right of way hereby authorized and the City reserves to itself the full and complete right of access to any space occupied by said track and to all of said franchise right of way within the limits of Sixth Avenue North,Park Street and Garden Street,together with the right to open and excavate the ground beneath said track or within said franchise right of way, for all purposes of construction, maintenance,repair,operation and inspection of any public utilities, which rights, however,shall be exercised in such manner as not to interfere with the safe operation of locomotives, cars and trains on said tracks. In all cases involving a possibility of such interference or of the removal of lateral support or excavation beneath the track of the Grantee, fifteen (15) days written notice shall be given the Grantee,and said Grantee shall, at said Granteets sole cost, and expense, furnish an authorized agent or representive who shall supervise such removal or excavation or other work; provided,howe'rer,that in the case of emergency repairs the length of such notice shall be not less than twelve(12) hours. The City hereby reserves the right under its police powers to make such further regulations as may from time to time be deemed necessary to protect the interests and safety and welfare and accommodation of the public in general in relation to said franchise herein granted, not inconsistent with the pro- visions of thes 6rdinance. SECTION VIII: The Grantee, by its acceptance of the franchise hereby granted, shall save and hold harmless the City from every liability, claim and damage arising from the construction, use or maintenance of said track or right of way or in any way arising out of or resulting from the railroad operations over said track. SECTION IX: The franchise hereby granted shall be for a term of 25 years commencing March 1, 1957, provided that the Grantee files its written acceptance hereof with the City Clerk within sixty (60) days from and after the passage and approval of this ordinance. PASSED BY THE CITY COUNCIL the 22 day of January, 1957. Elton L. Alexander, City Clerk APPROVED BY THE MAYOR this 22 day of January, 1957. r oR. Baxter, Mayor Approved as to form: Gerard M. Shellan ~ City Attorney Filed by me this 31 day of �� , 1957. Attest:X� E ton .L. Alexander, City Clerk AP71?0VED January 29, 1957 y Vice President for :fORTHERN PACIFIC FAII, AY CO"PANY ACCEPTANCE / TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF RENTON, KING COUNTY, WASHINGTON: The Northern Pacific Railway Company, a Wisconsin corporation, the grantee named in Ordinance No. 1590 of the City of Renton, in the State of Washington, passed by the City Council on January 22, 1957, and approved by the Mayor on January 22, 1957, entitled: ItAN ORDINANCE OF THE CITY OF RENTON, GRANTING TO THE NORTHERN PACIFIC RAILWLY COMPANY, A WISCONSIN CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE. TO CONTINUE TO MAINIAIN AND OPERATE A CERTAIN RAILROAD SPUR TRACK NOW LOCATED IN, UPON, ACROSS AND ALONG SIXTH AVENUE NORTH, AND IN, UPON AND ACROSS PARK STREET AND GARDEN STREET IN THE CITY OF RENTON, KING COUNTY, STATE OF WASHINGTON.".. does hereby accept the franchise granted by said ordinance together with all the terms, conditions and provisions thereof. T—N WITNESS TIJHEREOF, the Northern Pacific Railway Company has caused its name to be signed hereto by its duly authorized officer this 29th day of January, 1957. -NORTHERN PACIFIC RAILWAY COMPANY By Vice President Witnesses: ILI I hereby certify that the foregoing acceptance of Ordinance No. 1590 wa filed with the City Clerk of the City of Renton on the �_ day of 1957. City Clerk