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HomeMy WebLinkAboutOrd 0527 - Railroad Crossing Franchise on Southcenter Parkway on Minkler Boulevard with Multiple Railroad Companies (Repealed by Ord 534)ITY of TUKWILA WASHINGTON ORDINANCE NO. 527 REPEALED BY 534 An Ordinance granting a franchise to the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, a Wisconsin Corporation, and the Oregon Washington Railroad and Navigation Company, an Oregon corporation and Union Pacific Railroad Company for a Railroad crossing on Southcenter Parkway on Minkler Boulevard extended in the City of Tukwila, as designated in exhibit A. THE CITY COUNCIL OF THE CITY OF TUKWILA DO ORDAIN as follows: SECTION 1. That there be and is hereby granted to the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, the Oregon Washington Railroad and Navigation Company, and Union Pacific Railroad Company and their successors, grantees and assigns the right, privilege, authority and franchise to lay down, constructfo operate, maintain, alter, replace and repair a single railroad lead track across South center Parkway, as described on Exhibit "A attached hereto and incorporated herein by reference, SECTION 2. This franchise shall be perpetual, subject only to such limitations as are by law now or may hereafter be provided„ SECTION 3. This franchise is granted upon the express condition that it shall not be deemed or held to be an exclusive franchise and shall not in any manner prevent the City of Tukwila from granting other or further franchises in, along, over, through, across or under any of said roads, streets, avenues, boulevards, alleys, drives and other public lands and places, and in no wise prevent or prohibit the City of Tukwila using any of said roads, streets, or effect its jurisdiction over them or any part of them, with full power to make all necessary changes, relocations, repairs, maintenance of same as they may deem fit. SECTION 4. This Ordinance shall be void, if the Grantee shall not within forty (40) days from the adoption of this Ordinance file its acceptance of the same with the Clerk of the City of Tukwila. SECTION 5. All construction and installation work shall be in accordance with all applicable federal, state, and Tukwila rules, regulations, ordinances and statutes now or hereinafter in force and shall be under the super- vision and inspection of the City Lngineer. SECTION 6. All construction and installations shall be constructed and maintained as to interfere as little as practicable with the free and safe passage of traffic and the free and safe use of adjoining property. SECTION 7. The grantee, its successors and assigns do hereby agree to repair any damage to City roads or right -of -way over which it holds a franchise, and all other City improvements or utilities caused by the failure of grantee's work during the life of this franchise. SECTION 8. Should the grade of a road, street, avenue, boulevard, alley, drive or public place in which Grantee's installations may be constructed and maintained, be altered or changed by Ordinance of the City Council, the Grantee, upon written notice by the City, its representatives or agents, shall within a reasonable time raise, lower, change or reconstruct its installations located thereunder to conform to any such change in grade without cost or expense to the City. SECTION 9. The said grantee, its successors and assigns shall indemnify and hold harmless the City of Tukwila against all damages, that may result by reason of the construction, operation and maintenance of said railroad crossings and the said grantee, its successors and assigns shall pay all damages for which it, they or the City of Tukwila shall be held liable resulting to any person or persons, association or corporation by reason of the construction, operation and maintenance of said railroad crossings; provided, however, that in case any claim is filed with the City of Tukwila or any suit or action is instituted against said City by reason of any such damage or injury, the Council shall cause written notice thereof to be given said grantee and the said grantee shall defend any such suit or action and satisfy any judgment awarded therein. SECTION 10. The moving of railroad cars shall be at reasonable hours and in such a manner as to cause the least interference with vehicular traffic. SECTION 11. The grantee agrees to keep its rights -of- way within the City, reasonably clear of brush, weeds, blackberry vines and other vegetation. SECTION 12. For the purpose of compelling compliance by the grantee with the terms of this franchise and the main- tenance of said crossings in good condition a failure to comply with any of the provisions or conditions herein within sixty (60) days after notice to do so, served by order of the City upon the grantee, shall authorize the City to declare by Ordinance an immediate forfeiture of the franchise and the City may in such case declare such forfeiture in the manner provided by law. SECTION 13. The grantee will comply with and is subject to all applicable City ordinances and state and federal laws and reasonable rules and regulations of the City now or hereafter Lb)rsec. He Olt ro 1�iCl 9�� in force. The grantee agrees prior to allowing any crossings to file a petition for crossings with the State of Washington pursuant to RCW 81.53. SECTION 14. Cost of publication incident to granting of this franchise shall be borne by the grantee, Introduced the 16th day of September, 1968. Passed by the City Council of the City of Tukwila on the 7Y) day of 1968. Signed by me on this ;Id day of n Q 1968. Attest: i� L� City Clerk Mayor of the City of Tukwila Approved a= to form: By: By: By: City Attorney We, the undersigned, hereby accept all the rights and privileges of the -above granted franchise subject to all the terms, conditions, stipulations and obligations contained therein, The Chicago, Milwaukee, St. Paul and Pacific Railroad Company The Oregon Washington Railroad and Navigation Company Union pacific Railroad Company 4-5( bilk, Mi9 4aiga-1-11eacription of Rail Crossing The Forth 54.0 feet in T7idth of 'chat icn of ti c Soutliesst of ene Southwest 3_;. of Section 26, Tovmshi acnge 4 Eaca, iiii within Souzhcenter Parkwey (formerly 57th :Nenue South) es est- 72.0 feet in width. Situate in the .City of Tukwilia, County of King, State of Washington.