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HomeMy WebLinkAbout2396 OrdinanceORDINANCE NO. 2396 AN ORDINANCE giving permission and authority to the Benton- Franklin Public Transportation Benefit Area Authority to maintain and use a bus passenger shelter in certain public ways. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS. Section One. Permission and authority hereby are given and granted to the Benton-Franklin Public Transportation Benefit Area Authority (the grantee), a municipal corporation organized and exist- ing under the laws of the State of Washington, upon the terms and subject to the conditions of this ordinance, to install, maintain, repair, replace, and use, a bus passenger shelter at the specific locations within the public way of the City of Pasco as shall here- after be set forth and described in a resolution passed by the Pasco City Council. Each such bus passenger shelter shall be con- structed in accordance with the drawings attached to this ordinance as exhibits and which by this reference are incorporated herein as if specifically set forth. Each bus passenger shelter shall be maintained and used in accordance with the ordinances of the City of Pasco and the direc- tions of the Director of Public Works for the City of Pasco or his designee. The grantee should keep that portion of the public way under said bus passenger shelters in good condition and repair, safe for public use and free from snow, ice and debris, to the sat- isfaction of the Public Works Director of the City of Pasco. _ Section Two. This ordinance is subject to amendment, modifi- cation or repeal, and permission and authority herein granted may be revoked by the city council in its discretion, at any time with- out the consent of grantee. Upon termination of the privilege here- in granted, by lapse of time or otherwise, the grantee, without cost or expense to the City of Pasco, shall remove the structures herein authorized and restore the public way where disturbed by said struc- tures or by the removal thereof, to a proper condition under the supervision and to the satisfaction of the City of Pasco Public Works Director and in accordance to the city municipal code. Each said bus passenger shelter shall be used only for such purposes normally attended with the construction and operation of a bus pass- enger shelter and stop. The grantee shall be solely responsible for the construction, upkeep, maintenance, repair and demolition of each said shelter. Each shelter shall comply with all city codes and building ordinances; the designs shall conform to the drawings attached to this ordinance, and shall be subject to all municipal code require- ments. In the event of the failure, neglect or refusal of the grantee so to do, the City of Pasco will have the choice of either performing said work and charging the cost thereof to said grantee or determining what the cost of said work shall be in billing the grantee for said cost Section Three. The insurance company and the grantee, as provided in Section Four, will hold and save the City of Pasco harmless from any and all liability and expense, including judgments, costs, and damages for removal, relocation, alteration, repair, maintenance and restoration of any such structure herein authorized and from any and all damages thereto on account of the location, construction, alteration, repair or maintenance of any of the public ways, sewers, water mains, conduits, pipes, poles and other utilities. For the City of Pasco to recover from the grantee under this section, it is not necessary that the City of Pasco first make said removal, relocation, alteration, repair, mainten- ance or restoration. The Director of Public Works is hereby authorized to determine what costs would be involved to perform said removal, re- location, alteration, repair, maintenance or restoration, and his deci- sion as to the amount shall be final and binding unless appealed to the city council within ten (10) calendar days. The grantee, upon receiv- ing written notification from the Director of Public Works of the cost of said removal and restoration, shall pay immediately said amount upon demand. It shall be the responsibility of the grantee to furnish the City of Pasco prior to issuance of any building permit for this privi- lege, a copy or proof of insurance (certificate of insurance) in an amount not less than One Million Dollars ($1,000,000) for public lia- bility and One Million Dollars ($1,000,000) for property damage, and also to name the City of Pasco as "additionally insured." Certificates renewing insurance must be furnished to the City Clerk no later than thirty (30) days prior to expiration of the policy If the grantee fails to maintain, repair, replace or otherwise keep any such structure in good condition, or fail to provide yearly public liability insurance, or fail to keep the abutting premises in good condition, the City of Pasco, upon sixty (60) days notice, may remove and demolish any such structure at the sole cost of the grantee. Section Four. The permission and authority herein granted shall not be exercised until a building permit authorizing any such structure shall have been issued by the city and upon the faithful observance and performance of all and singular the conditions and provisions of this ordinance, and conditioned further to indemnify, keep and save harmless the City of Pasco against all liabilities, judgments, costs, damages and expenses which may in any way come against said city in consequence of the permission given by this ordinance, or which may accrue against, be charged to or recovered from said city from or by reasons or on account of any act or thing done or omitted or neglected to be done by the grantee in and about the construction, reconstruction, maintenance, use and removal of any of such structures and the restoration of the public way as herein required. Said insurance coverage shall be con- tinuing in effect until each of the structures authorized herein are removed and the public way is restored as herein required. Section Five. This ordinance shall take effect and be in force five (5) days after its passage and publication as required by law; provided said grantee file a written acceptance of this ordinance, with the city clerk. PASSED thisog day of Septemb Mayor. E. A snider, Mayor 98 , and approved by the k ATTEST: Stole /7. A /1AA 69--v Corine M. Garrison, Deputy City Clerk APPR VED AS TO FORM: '•n1 / f , b AIM% Greg stello, City Attorney as it was printed in the regular and entire issue of the Tri-City Herald itself and not in a supplement thereof, for a period of one time dialiaetiliVeNORM, commencing on the 24th day of Sept. ,19 82 ,and ending on the day of , 19 , and that said newspaper was regularly distributed to its subscribers during all of this period That the full amount of $ 79 20 12 in 6.60 79.20 C2/ if-2) Subscribed and sworn to before me this 27 9-h Notary Public in and for the State of Washington, residing at Pasco has been paid in full, also at the rate of day of Sept. 19 82 description then we have opportunity waiting for you ' t 5 W Clearwater A3v6e1 CRS 6K 85ennewick WA 993 I (Resume requested) 1 1-11a1 COMMISSION Expanding company nee( compute salespersons office copier salespersi Will train brin iness g resurm Mid Columbia Bus chines 3311 W Gleam Suite 1012 REAL ESTATE SALES PER- SONS needed We are an old established office we can furnish you buyer & seller leads Our business low has improved with the enng of interest rates For interview call Vgalt Bende Century 21 Town & wald ee Estate Country Inc 6Fl An equal oppor 586-111 - tunity office Sales Representative Pad time required for Yakima Tri-City Walla Walla area to sell on commission greet ing cards gifts & novelties To establish new accounts & service existing Must be experienced sales person Sales motivated & enthu- siastic Call collect for Inter view 206 574-5169 tor a position Lootong e in print mdia sales'? \Isle have a superb opportu nity p wla for an ewer account re successful track record starts at $20 000 wlinc Salaryreases based on pro- duction—Benefits Call Jack Lentry at 783 7357 PA artposa sales open Flexible s position chedule morn leveewkends Retail exper required 7834522 ol:330) . oVo'c':`"1 t-acaczcod4' taiLT 43 r \et E SIKiE SAES We need help to handle vol- r.ni Cntf 1 1220 N -- vnIP Kennewl 0( I 586-4522 Y s Eitperien o wante d ri ri sal 8, awelnw N, ;g App' Co Car neede d t, ow oppertug ( va t-leer-nen' • 7023 aft 3P m 0 viE WA" TECLI4pNIC ALTi womeniwle e ager with custoTal s APP lIcatl"on -c, taken for n Wes te° chnic165 a go \Ai A 9890u Auto Upholstery_ S' (experienced) CI( 248 503° A AFFIDAVIT OF PUBLICATION COUNTY OF FrankUn )s s STATE OF WASHINGTON Phyllis Graves , being first duly sworn on oath deposes she Principal Clerk - and says is the of the Tri-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and It is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily news- paper in Franklin County, Washington, and is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper That the annexed is a true copy of a legal advertisement Ord. # 2396 ,IE\NE1-11\1 SNI-ESPEgj' E r 1/4 teP pP lecda I r°11r se xT 1P7r; e-bnt oce edl sn(s1 t i me asalesdePpeaertPen qautc %hit ve s ewelry aapn pc:It ydp varnc oo nt w E o E ume of business Our training program will assure success for one who reaL lly wants to succeed Call awrence Mabry for an appointment 783-4155 Lawrence Mabry, Inc REALTORS 104 Vista ‘Nay Kennewick \NA VS REMODELING 06 SEAMS ns Rmo decorati adv del is /wallpaper , Alteratio & sales ng ice Yrs exPef 7E e hanging9 in your home Carol's Spe 783 648 783 6598 -- - — Quality Remodeling, Addi- tions Baths Kitchens Re Cabinetry Custom Nous , ing Sunset Custom & modeling tic & Bonded Free Est 783 91 A6 - Farr" 2nd stories garages s coNsm Ochens ‘v rooms ADDIIIONS 'IVAELI1 EN 21301 ' 94'3-2415 LOCKHART CONST Re', model additions baths; kitchens rec rooms cus\ tom cabinetry countei No LO CK tops Lie NO, 237CS & 5458766 \ A Cul Above Prot remodeling, addi tons baths kitchens fen %vs decks garages will fi; nance up to 600/0 of Iota\ cost at 100/0 Bonded & Lic No JRLOTC*229L1 free est JR Lott_Const Co 547i, 7 9.20 h day of --da,--ti-t--- Sept. 82 ,19 this , in and for the State of Washington residing at Pasco 1 I snow ice and debris to the satisfaction of the Public Works Director of the City of Pasco Section 2 This ordinance is subject to amendment, modification or repeal and permission and authority herein granted may be re- voked by the city council in its discretion at any time with- out the consent of grantee Upon termination of the priv ilege herein granted by lapse of time or otherwise the grantee without cost or ex pense to the City of Pasco, shall remove the structures herein authonzed and restore the putilic way where dis turbed by said structures or by the removal thereof to a proper condition under the supervision and to the sans faction of the City of Pasco Public Works Director and in accordance to the city munic ipal code Each said bus pas senger shellei shtll be used only for such purposes nor mally attended with the con struction and operation of a bus passenger shelter and stop The grantee shall be solely responsible for the construction upkeep main tenance, repair and dernoli non of each said shelter Each shelter shall comply with all city codes and build mg ordinances the designs shall conform to the drawings attached to this ordinance and shall be subject to all mu nicipal code requirements In the event of the failure ne- glect or refusal of the grantee so to do the City of Pasco will have the choice of either pet forming said work and charg- ing the cost thereof to said grantee or determining what the cost of said work shall be in billing the grantee for said cost Section Three The insur ance company and the grantee as provided in Sec non Four will hold and save the City of Pasco harmless from any and all liability and expense including judgments costs and dam- ages for removal relocation alteration repair mainte nance and restoration of any such structure herein autho nzed and from any and all damages thereto on account of the location construction alteration, repair or mainte nance of any of the public ways sewers water mains conduits pipes poles and other utilities For the City of Pasco to recover from the grantee under this section it is not necessary that the City -, , Subscril of Pasco first make said re- moval relocation alteration repair maintenance or re storation The Director of Public Works is hereby au- thorized to determine what costs would be involved to perform said removal, reloca- tion alteration, repair, main- tenance or restoration and his decision as to the amount shall be final and binding un- less appealed to the city council with ten (10) calendar days The grantee upon re- ceiving written notification from the Director of Public Works of the cost of said re moval and restoration shall pay immediately said amount upon demand It shall be the responsibility of the grantee to furnish the City of Pasco pnor to issuance of any build- ing permit for this privilege a copy of prOof of insurance (certificate of insurance) in an amount not less than One Million Dollars ($1,000,000) for public liability and One Million Dollars ($1 000,000) for property damage and also to name the City of Pasco as ' additionally in- sured ' Certificates renewing insurance must be furnished to the City Clerk no later than thirty (30) days prior to expi ration of the policy ff the grantee fails to maintain re pair, replace or otherwise keep any such structure in good condition or fail to pro- vide yearly public liability in surance or fail to keep the abutting premises in good condition the City of Pasco, upon sixty (60) days notice may remove and demolish any such structure at the sole cost of the grantee Section Four The permis, Sion and authority herein granted shall not be exer cised until a building permit authorizing any such struc ture shall have been issued by the City and upon the faithful observance and per formance of all and singular the conditions and provisions of this ordinance and condi boned further to indemnify keep and save harmless the City of Pasco against all liabi lities judgments costs: dam- ages and expenses which may in any way come against said city in consequence of the permission given by this ordinance or which may ac crue against be charged to or recovered from said city from or by reasons or on ac count of any act or thing done or omitted or neglected to be done by the grantee in and about the construction re constrUction maintenance use and removal of any of such structures and the re- storation of the public way as herein required Said insur ance coverage shall be continuing in effect until each of the structures authorized herein are removed and the public way is restored as herein required Section Five This own nace shall take effect and be in force five (5) days after its passage and publication as required by law provided said grantee file a written ac ceptance of -this ordinance, with the city clerk PASSED this 20th day of September 1982 and ap proved by the Mayor -s E A Snider Mayor ATTEST S Come M Garrison Deputy City Clerk APPROVED AS TO FORM I s-Greg A Rubstello 1 City Attorney Legal No 13717 - Sept 24 1982 , I Ordinance 11. o 2396 pn1 ORDINANCE giving imission authority to ! BenterV. ranklin Public insportation 'clenefit Area thorny to maintain and use bus passenpr shelter in rlain public ways 1HE CITY COUNCIL OF IE CITY OF PASCO )4SHINGTON, DO ORDAIN i FOLLOWS iection 1 Permission and ihonty hereby are given I granted to the Benton inklin Public Transporta ri Benefit Area Authority e Grantee) a municpal 1 poration orgainzed and sting under the laws of the ite of Washington upon : terms and subject to the iiditions of this ordinance, install maintain repair re ice and use a bus pas I)ger shelter at the specific ations within the public 'y of the City of Pasco as 111 hereafter be set forth 'J described in a resolution ,sed by the Pasco City uncil Each such bus pas ,iger shelter shall be con 5cted in accordance with 1 drawings attached to this linance as exhibits and [ch by this reference are prporated herein as if spe cally set forth Each bus passenger shel [ shall be maintained and td in accordance with the linances of the City of bco and the directions of I Director of Public Works the City of Pasco or his isignee The grantee )Uld keep that portion of [public way under said bus rsenger shelters in good ndition and repair safe for [Ink use and free from IDAVIT OF PUBLICATION ) )ss ) , being first duly sworn on oath deposes Principal Clerk of the Tr-City Herald, spaper is a legal newspaper and has been approved as a uperior court in the county in which it is - published and . than six months prior to the date of the publication I in the English language continually as a daily news- County, rig all of said time was printed in an office maintained ation of said newspaper That the annexed is a true rtisement . # 2396 i id entire issue of the 1i-City Herald itself and not in a ) one time Sept. f , 19 , and that said d to its subscribers during all of this period Mirs15eitliVeMailM, commencing ,19 82 ,and --,i- has been paid in full, also at the rate of F1NANCF DEPARTMENT 1509) 545 3401 'wan 726 3401 CITY of ..- _. P 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 September 21, 1982 Tri City Herald P O. Box 2608 Pasco, Washington 99302 Gentlemen Please publish the attached Ordinances on the following date September 24, 1982 Please send two (2) Affidavits of Publication for each Sincerely yours, Evelyn Wells City Clerk ew