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
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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'
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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
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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
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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